A. All applicants for a certificate to practice as an Advanced Unlicensed Assistant shall be subject to Section 567.8 of this title.

B. An applicant for a certificate to practice as an Advanced Unlicensed Assistant shall submit to the Oklahoma Board of Nursing certified evidence that the applicant:

1. Has successfully completed the prescribed curricula in a state-approved education program for Advanced Unlicensed Assistants and holds or is entitled to hold a diploma or certificate therefrom, or equivalent courses in a formal program of instruction;

2. Has never been convicted of a felony crime that substantially relates to the occupation of nursing and poses a reasonable threat to public safety;

3. Has submitted a criminal history records search that is compliant with Section 567.18 of this title;

4. Is a minimum of eighteen (18) years of age; and

5. Has met such other reasonable preliminary qualification requirements as the Board may prescribe.

C. The applicant for a certificate to practice as an Advanced Unlicensed Assistant shall be required to pass an examination in such subjects as the Board may require. Upon the applicant successfully passing such examination, the Board may issue to the applicant a certificate to practice as an Advanced Unlicensed Assistant. An applicant who fails such examination shall be subject to reexamination according to the rules of the Board. The passing criteria shall be established by Board rules.

D. Any person who holds a certificate to practice as an Advanced Unlicensed Assistant in this state shall have the right to use both the title "Advanced Unlicensed Assistant" and the abbreviation "A.U.A.". No other person shall assume such title or use such abbreviation or any other words, letters, signs, or figures to indicate that the person using the same is an Advanced Unlicensed Assistant. Any individual doing so shall be guilty of a misdemeanor, which shall be punishable, upon conviction, by imprisonment in the county jail for not more than one (1) year or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by both such imprisonment and fine for each offense.

E. As used in this section:

1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.

Added by Laws 2011, c. 101, § 5, eff. Nov. 1, 2011. Amended by Laws 2019, c. 363, § 27, eff. Nov. 1, 2019.