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ENGROSSED HOUSE
BILL NO. 3898 By: Kannady of the House
and
Howard of the Senate
An Act relating to liens; amending 42 O.S. 2021,
Section 46, which relates to physician liens;
requiring the lien amount to be the usual and
customary amount; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 42 O.S. 2021, Section 46, is
amended to read as follows:
Section 46. A. Every physician who performs medical services
or any other professional person who engages in the healing arts,
within their scope of practice pur suant to Title 59 of the Oklahoma
Statutes for any person injured as a result of the negligence or act
of another, shall, i f the injured person asserts or maintains a
claim against such other person for damages on account of such
injuries, have a lien for the amount due for such medical or healing
arts services upon that part going or belonging to the injured
person of any recovery or sum had or collected or to be collected by
the injured person, or by the heirs, personal representative, or
next of kin of the injured person in the event of his death, whether
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by judgment, settlement, or compromise. Such lien shall be inferior
to any lien or claim of any attorney handling the claim for or on
behalf of the injured person. The lien shall not be applied or
considered valid against any claim for amounts due pursuant to the
provisions of Title 85A of the Oklahoma Statutes.
B. In addition to the lien provided for in subsection A of this
section, every physician or professional person licensed under Title
59 of the Oklahoma Statutes who performs medical or healing arts
within their scope of pra ctice for any person injured as a result o f
the negligence or act of another, shall have, if the injured person
asserts or maintains a claim against an insurer, a lien for the
amount due for such medical or healing arts services upon any monies
payable by the insurer to the injured person.
C. No lien which is provided for in this section shall be
effective unless, before the payment of any monies to the injured
person, the attorney for the injured person, or legal representative
as compensation for such in juries or death:
1. A written notice is s ent setting forth a statement of the
amount claimed, identifying the insurance policy or policies against
which the lien is asserted, if any, and containing the name and
address of the physician or professional per son licensed under Title
59 of the Oklahoma Statutes claiming the lien, the injured person,
and the person, firm, or corporation against whom the claim is made,
is filed on the mechanic's and materialman's lien docket in the
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office of the county clerk of t he county where the principal office
of the physician or professional person licensed under Title 59 of
the Oklahoma Statutes is located; and
2. The physician or professional person licensed under Title 59
of the Oklahoma Statutes sends, by registered or certified mail,
postage prepaid, a copy of such notice with a statement of the date
of filing thereof to the person, firm, or corporation against whom
the claim is made and to the injured person. The physician or
professional person licensed under Title 5 9 of the Oklahoma Statutes
shall also send a copy of the notice to the attorney for the injured
person, if the name and address of such attorney is known to the
physician or professional person licensed under Title 59 of the
Oklahoma Statutes.
D. The liens provided for in this section may be enfo rced by
civil action in the district court of the county where the lien was
filed. Such an action shall be brought within one (1) ye ar after
the physician or professional person licensed under Title 59 of the
Oklahoma Statutes becomes aware of final judgm ent, settlement or
compromise of the claim asserted or maintained by or on behalf of
the injured person. The practice, pleading, and proceedings in the
an action shall conform to the rules prescribed by the Oklaho ma
Pleading Code to the extent applicable.
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E. The amount of the lien provided for in this section shall be
the usual and customary amount charged by the facility filing the
lien.
SECTION 2. This act shall become effective November 1, 2022.
Passed the House of Representatives the 9th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate