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ENGROSSED SENATE
BILL NO. 399 By: Rosino and Bullard of the
Senate
and
Newton of the House
An Act relating to the healing arts; amendi ng 59 O.S.
2021, Sections 725.1, 725.2, 731.2, 731.5, and
887.14, which relate to professions and occup ations;
authorizing certain physical therap ists to use
certain titles; updating statutory referen ces;
amending 63 O.S. 2021, Section 1-116, which relates
to definitions used in the Oklahoma Health Care
Information System Act ; clarifying applicability of
certain definition; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 725.1, is
amended to read as follows:
Section 725.1. A. Every person who writes or prints, or causes
to be written or printed, his or her name (whether or not the word
"Doctor", or an abbreviation thereof, is used in co nnection
therewith) in connection with , as engaging in, or holding himself or
herself out as engaging in, any of the branches of the healing art
shall append to his or her name the letters or words set forth in
Section 725.2 of this title if the person is one of the nine ten
classes of persons listed in subsection A of Section 725.2 of this
title.
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B. If the person is not one of the nine ten classes of persons
listed in subsection A of Section 725.2 of this title and is engaged
in a branch of the healing ar t, the person shall write or print, in
the same size letters as his or her name, appropriate and genera lly
and easily understood words or letters , which clearly show and
indicate the branch of the healing art in which he or she is
licensed to practice and is engaged.
SECTION 2. AMENDATORY 59 O.S. 20 21, Section 725.2, is
amended to read as follows:
Section 725.2. A. The following nine ten classes of persons
may use the word "Doctor", or an abbreviation thereof, and shall
have the right to use, whether or not in conjunction wi th the word
"Doctor", or any abbreviation th ereof, the following designations:
1. The letters "D.P.M." or the words podiatrist, doctor of
podiatry, podiatric surgeon, or doctor of podiatric medicine by a
person licensed to practice podiatry under the Podiatric Medicine
Practice Act;
2. The letters "D.C." or the words chiropractor or doctor of
chiropractic by a person licensed to practice chiropractic under the
Oklahoma Chiropractic Practice Act ;
3. The letters "D.D.S." or "D.M.D.", as appropriate, or the
words dentist, doctor of dental surgery, or doctor of dental
medicine, as appropriate, by a person licensed to practice dentistry
under the State Dental Act ;
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4. The letters "M.D." or the words surgeon, medica l doctor, or
doctor of medicine by a person licensed to practice medicine and
surgery under the Oklahoma Allopathic Medical and Surgical Licensure
and Supervision Act;
5. The letters "O.D." or the words optometrist or doctor of
optometry by a person licensed to practice optome try under Sections
581 through 606 of this title;
6. The letters "D.O." or the words surgeon, osteopathic
surgeon, osteopath, doctor of osteopathy, or doctor of osteopathic
medicine by a person licensed to practice osteopathy under the
Oklahoma Osteopathic Medicine Act;
7. The letters "Ph.D.", "Ed.D.", or "Psy.D." or the words
psychologist, therapist, or counselor by a person licensed as a
health service psychologist pursuant to the Psychologists Licensing
Act;
8. The letters "Ph.D.", "Ed.D.", or other letters representing
a doctoral degree or the words language patholog ist, speech
pathologist, or speech and language pathologist by a person licensed
as a speech and language pathologist pursuant to the Speech -Language
Pathology and Audiology Licensing Act and who has earned a doc toral
degree from a regionally accredited in stitution of higher learning
in the field of speech and language pathology; and
9. The letters "Ph.D.", "Ed.D.", or other letters representing
a doctoral degree or the word audiologist by a person licensed as an
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audiologist pursuant to the Speech-Language Pathology and Audiology
Licensing Act and who has earned a doctoral degree from a regionally
accredited institution of higher learning in the field of audiology ;
and
10. The letters "D.P.T." or the title Doctor of Physical
Therapy by a person licensed to practice phy sical therapy under the
Physical Therapy Practice Act who has earned a Doctor of Physical
Therapy degree from a program approved by a national accreditin g
body recognized by the State Board of Medical Licensure and
Supervision.
B. Unless otherwise specifi cally provided in a particular
section or chapter of the Oklahoma Statutes, the word "doctor" or
"doctors" shall mean and include each of the nine ten classes of
persons listed in subsection A and the word "physician" or
"physicians", as provided in subsec tion C of this section. Any
other person using the term doctor, or a ny abbreviation thereof,
shall designate the authority under which the title is used or the
college or honorary degree that gives rise to use of the title.
C. Unless otherwise specifical ly provided in a particular
section or chapter of the Oklahoma Statut es, the word "physician" or
"physicians" shall mean and include each of the classes of persons
listed in paragraphs 1 through 6 of subsection A of this section and
the word "doctor" or "doctors" as provided in subsection B of this
section. The term "physician" shall not include any person
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specified in paragraphs 7 through 9 10 of subsection A of this
section unless such pers on is otherwise authorized to use such
designation pursuant to th is section.
D. For purposes of this section, "provider" means and includes:
l. Each of the nine ten classes of persons listed in subsection
A of this section and referred to in subsectio ns B and C of this
section; and
2. Any other person using the term doctor or any abbreviation
thereof.
E. Persons in each of the nine ten classes listed in subsec tion
A of this section, and referred to in subsections B and C, of this
section shall identify through written notice, which may include the
wearing of a name tag, the type of license under which the doctor is
practicing, utilizing the designations provided in subsections A, B
and C of this section. Each applic able licensing board is
authorized by rule to determine how its license holders may comply
with this disclosure requirement.
F. 1. Any advertisement for health care services naming a
provider shall:
a. identify the type of license of the doctor utilizing
the letters or words set forth in this sectio n if the
person is one of the classes of persons listed i n
subsection A of this section, and referred to in
subsections B and C of this section, or
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b. utilize appropriate, accepted, and easily understood
words or letters, which clearly show and indicate th e
branch of the healing art in which the person is
licensed to practice and is engaged in, if the person
is not one of the nine ten classes of persons listed
in subsection A of this section, or referred to in
subsections B and C of this section.
2. The term "advertisement" includes any printed document
including letterhead, video clip, or audio clip created by, for, or
at the direction of the provider or providers and advert ised for the
purpose of promoting the services of the doctor or provider.
G. 1. It shall be unlawful for any medical doctor, doctor of
osteopathic medicine, doctor of dental surgery, doctor of dental
medicine, doctor of optometry, doctor of podiatry, or doctor of
chiropractic to make any de ceptive or misleading statement, or
engage in any deceptive or misleading act, that deceives or mislead s
the public or a prospective or current patient, regarding the
training and the license under which the person is a uthorized to
practice.
2. The term "deceptive or misleading statement or act "
includes, but is not limited to:
a. such statement or act in any advertising medium,
b. making a false statement regarding the education,
skills, training, or licensure of a pe rson, or
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c. in any other way describin g the profession, skills,
training, expertise, education, or licensure of a
person in a fashion that ca uses the public, a
potential patient, or current patient to believe that
the person is a medical doctor, doctor of o steopathic
medicine, doctor of dental surgery, doctor of dental
medicine, doctor of optometry, doctor of podiatry, or
doctor of chiropractic when that person does not hold
such credentials.
H. Notwithstanding any other provision of this section, a
person licensed in this state to perform spe ech pathology or
audiology services is designa ted to be a practitioner of the healing
art for purposes of making a referral for speech pathology or
audiology services pursuant to the provisions of the Individuals
with Disabilities Education Act, Amendment of 1997, Public Law 105 -
17, and Section 504 of the Rehabilitation Act of 1973.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 731.2, is
amended to read as follows:
Section 731.2. A. Proof that any class of persons identified
in Section 725.2 of this title appends to their name the word
"Doctor", the abbreviation "Dr.", or any other word, abbreviation or
designation, which word, abbreviation or designation, indicate t hat
such person is qualified for diagnosis or treatment, as herein
defined, shall constitute prima facie evidence that such person is
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holding himself or herself out, with in the meaning of this act
Sections 731.1 through 731.6 of thi s title, as qualified to engage
in diagnosis or treatment.
B. Nothing in this section shal l be construed to prevent a
person specified in paragraphs 7 through 9 10 of subsection A of
Section 725.2 of this title from appending to such person 's name the
word "Doctor", so long as such person follows such name and
designation with the letters signi fying the recognized doctoral
degrees specified in paragraphs 7 through 9 10 of subsection A of
Section 725.2 of this title.
SECTION 4. AMENDATORY 59 O.S. 20 21, Section 731.5, is
amended to read as follows:
Section 731.5. Nothing in this act Sections 731.1 through 731.6
of this title shall apply to:
1. Any commissioned officer in any of the healing arts licensed
as such in the United States Army, Navy, Marines, Public Health
Service, or Marine Hospital Service, in the discharge o f the
professional duties of such officer;
2. Any legally qualified perso n when engaged exclusively in the
practice of the particular profession of such person, as defined by
law;
3. Any licensed person practicing any of the healing arts from
another state or territory, when in actual consultation w ith a
licensed practitioner in this state;
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4. Any physician's trained assistant who is assisting a
licensed physician to render services within the licensed scope of
practice of the physician, if the assistant is under the supervision
and control of the p hysician;
5. Any student in any recognized school of the healing arts in
carrying out prescribed courses of study provided such school is a
recognized institution by the statutes of Oklahoma, and its
practitioners are duly licensed as prescribed by law;
6. The practice of those who endeavor to prevent, or cure ,
disease or suffering, by spiritual means or prayer; or
7. Any legally qualified person specified in paragraphs 7
through 9 10 of subsection A of Secti on 725.2 of this title in the
discharge of the professional duties of the person, so long as such
person is employed by any state or governmental agency, or any
recognized college or university.
SECTION 5. AMENDATORY 59 O.S. 2021, Section 887.14, is
amended to read as follows :
Section 887.14. Any person holding a license pursuant to the
provisions of the Physical Therapy Practice Act as a physical
therapist may use the title "Physical Therapist", "Registered
Physical Therapist", or "Licensed Physical Ther apist", or the
letters "P.T.", "R.P.T.", or "L.P.T.", as authorized by the lic ense
obtained from the State Board of Medical Licensure and Supervision .
Any person holding a license pursuant to the provisions of the
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Physical Therapy Practice Act as a physical therapist who has earned
a Doctor of Physical Th erapy degree from a program approved by a
national accrediting body recognized by the Board may use the title
"Doctor of Physical Therapy" or the letters "D.P.T.".
SECTION 6. AMENDATORY 63 O.S. 20 21, Section 1-116, is
amended to read as follows:
Section 1-116. When used in the Oklahoma Health Care
Information System Act:
1. "Board" means the State Board of Health;
2. "Commissioner" means the State Commissioner of Health;
3. "Department" means the State Department of Health;
4. "Health care providers" means a hospital or related
institution licensed pursuant to Section 1 -702 of this title,
nursing facilities licensed pursuant to Section 1 -1903 of this
title, physicians as specified in paragraphs 1 t hrough 7 6 of
subsection A of Section 725.2 of Title 59 of the Oklahoma Statutes,
physical therapists, physician assistants, pharmacists, nurses and
home health care providers licensed pursuant to th e laws of this
state;
5. "Third-party payor" means any entity, other than a
purchaser, which is responsible for payment either to the purchaser
or the health care provider for health care services rendered by the
health care provider;
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6. "Public-supported provider" means any public or private
entity supported in whole or in part by federal or stat e funds, or
any health care provider contracting with the state for providing
health care services including, but not limited to, Medicaid;
7. "Identifying information" means a program identifying number
assigned for purposes of statistical and data analy sis, which
protects and maintains patient and physician anonymity. Identifying
information shall remain confidential as provided in Section 1 -120
of this title;
8. "Information providers" means and includes health ca re
providers, third-party payors or public-supported providers required
to report or submit information to the Division of Health Care
Information pursuant to the Oklahoma Health Care Information Sys tem
Act;
9. "Division" means the Division of Health Care Information;
and
10. "Health care information system" means the system for
receipt, collection, analysis, evaluation, processing, utilization
and dissemination of health care data established and m aintained by
the Division of Health Care Information purs uant to the Oklahoma
Health Care Information System Act.
SECTION 7. This act shall become effective November 1, 202 2.
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Passed the Senate the 8th day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives