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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 497 By: McCortney
AS INTRODUCED
An Act relating to the healing arts; defin ing terms;
requiring health care provider s to use certain titles
in advertisements and professional identifications ;
limiting certain disclosures; prohibiting certain
advertisements; requiring display of license and
certain identification; prohibiting certain use of
titles; amending 59 O.S. 2011, Section 492, as
amended by Section 1, Chapter 40, O.S.L. 2016 (59
O.S. Supp. 2020, Section 492) , which relates to the
practice of medicine; adding terms whose use
constitute practice of medicine; modifying definition
of practice of medicine and surgery ; amending 59 O.S.
2011, Sections 725.2, 731.2 and 731.3, which relate
to use of titles of the healing arts; modifying
certain provisions to include medical specialty
titles; updating language; providing gender -neutral
language; providing for codification; an d providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6006 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Advertisement” means a communication, whether printed,
electronic or oral, that names a health care provider and the
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practice, profession o r institution in which the provider is
employed, volunteers or otherwise provides health care services.
Advertisement includes business cards, letterhead, patient
brochures, e-mail, Internet, audio and video communic ations and any
other communication; and
2. “Deceptive or misleading terms or false representations ”
includes, but is not limite d to, use of titles, terms or other words
that misstates, falsely describes, falsely holds out or falsely
details the health car e provider’s professional skills, train ing,
expertise, education, board certi fication or licensure.
B. Health care providers shall use the following license titles
in advertisements and in professional identifications :
1. A medical doctor or doctor of osteopathy shall use any of
the following titles:
a. “physician”, “doctor of medicine”, “medical doctor”,
“M.D.”, or “doctor of osteopathic medicine”, “doctor
of osteopathy”, “osteopathic physician ” or “D.O.”, or
b. a specialist designation, if certified by the American
Board of Medical Specialti es or an American
Osteopathic Associat ion certifying board or if board-
eligible including “surgeon”, “dermatologist”,
“anesthesiologist”, or a similar title;
2. A Registered Nurse shall only use the titles “Registered
Nurse” or “R.N.”;
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3. A Licensed Practical Nurse shall only use the titles
“Licensed Practical Nurse” or “L.P.N.”;
4. An Advanced Practice Registered Nurse shall only use the
titles “Advanced Practice Registered Nurse ” or “APRN”, and one of
the following role titles:
a. for a Certified Registered Nurse Anesthetist,
“Certified Registered Nurse Anesthetist” or “CRNA”,
b. for a Clinical Nurse Specialist, “Clinical Nurse
Specialist” or “CNS”,
c. for a Certified Nurse Practitioner, “Certified Nurse
Practitioner” or “CNP”, or
d. for a Certified Nurse-Midwife, “Certified Nurse-
Midwife” or “CNM”;
5. A physician assistant shall only use the titles “physician
assistant” or “P.A.”; and
6. Any other health care practitioner shall use the appropriate
title as indicated by the applicable statute.
C. An advertisement by a health care provide r shall disclose
only the applicable license, as provided in this section and by the
applicable statute, under which the health care provider is
authorized to provide services. The advertisement:
1. Shall not include deceptive or misleading terms or fals e
representations; and
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2. Shall include the health care provider’s name and the type
of license the provider holds, as provided in this section and by
the applicable statute, for the provider’s profession.
D. 1. A health care provider shall display a copy of the
provider’s license in a prominent place in an office area visible to
current and prospective patients. If the health care provider sees
patients in a setting outside of a licensed health care facility,
the copy must be of sufficient size to be v isible and apparent to
patients, except that a copy no smaller than the original license is
deemed to be sufficient .
2. A health care provider seeing patients on a face -to-face
basis shall wear a name badge or some ot her form of identification
that clearly discloses:
a. the health care provider ’s name,
b. the type of license, registration or certification the
health care provider holds, as provided in this
section and by the applicable statute, for the health
care provider’s profession, and
c. the health care provider’s medical staff position, if
applicable.
E. Except as provided in Section 725.2 of Title 59 of the
Oklahoma Statutes, a person shall not u se, imply the use of, or
publicly display a title in connection wi th a person’s name
including “physician”, “doctor” or “surgeon” or any similar title or
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description of services, or any other words, letters or
abbreviations or any co mbination thereof with the intent to
represent, or that imply, that the per son practices medicine.
Unless authorized to practi ce medicine by the State Board of Medical
Licensure and Supervision or the State Board of Os teopathic
Examiners, a person shall not u se, imply the use of, or publicly
display a title in connection with a person ’s name including “doctor
of medicine”, “medical doctor”, “M.D.”, “osteopath”, “doctor of
osteopathic medicine”, “doctor of osteopathy”, “osteopathic
physician”, “D.O.”, “anesthesiologist”, “cardiologist”,
“dermatologist”, “endocrinologist”, “gastroenterologist”, “general
practitioner”, “gynecologist”, “hematologist”, “internist”,
“laryngologist”, “nephrologist”, “neurologist”, “obstetrician”,
“oncologist”, “ophthalmologist”, “orthopedic surgeon”,
“orthopedist”, “otologist”, “otolaryngologist”,
“otorhinolaryngologist”, “pathologist”, “pediatrician”, “primary
care physician”, “proctologist”, “psychiatrist”, “radiologist”,
“rheumatologist”, “rhinologist”, “urologist” or any similar title or
description of services, or any other words, letters or
abbreviations or any c ombination thereof with the intent to
represent, or that imply, that the per son practices medicine.
SECTION 2. AMENDATORY 59 O.S. 2011, Section 492, as
amended by Section 1, Chapter 40, O.S.L. 2016 (59 O.S. Supp. 2020,
Section 492), is amended to read as follows:
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Section 492. A. Every person shall be regarded as practicing
allopathic medicine within the meaning and provisions of this act
the Oklahoma Allopathic Medical and Surgical Licensure an d
Supervision Act, who shall append to his or h er name the letters
“M.D.”, “Physician”, “Surgeon”, “Doctor”, “doctor of medicine”,
“medical doctor”, “anesthesiologist”, “cardiologist”,
“dermatologist”, “endocrinologist”, “gastroenterologist”, “general
practitioner”, “gynecologist”, “hematologist”, “internist”,
“laryngologist”, “nephrologist”, “neurologist”, “obstetrician”,
“oncologist”, “ophthalmologist”, “orthopedic surgeon”,
“orthopedist”, “otologist”, “otolaryngologist”,
“otorhinolaryngologist ”, “pathologist”, “pediatrician”, “primary
care physician”, “proctologist”, “psychiatrist”, “radiologist”,
“rheumatologist”, “rhinologist”, “urologist” or any other title,
letters, description of ser vices or designation, either alone or in
connection with other wor ds, which represent that such person is a
physician, or who shall for a fee o r any form of compensation
diagnose and/or or treat disease, injury or def ormity of persons in
this state by any allopathic legend drugs, surgery, manual, or
mechanical treatment unless otherwise authorized by law.
B. A hospital or related institution as such terms are defined
in Section 1-701 of Title 63 of the Oklahoma Statut es, which has the
principal purpose or function of providing hospital or medical care ,
including but not limited to any corporation, association, trust, or
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other organization organiz ed and operated for such purpose, m ay
employ one or more persons who are d uly licensed to practice
medicine in this state without being regarded as itself practicing
medicine within the meaning and provisions of this section. Th e
employment by the hospita l or related institution of any per son who
is duly licensed to practice me dicine in this state shall not, in
and of itself, be considered as an act of unprofessional conduct by
the person so employed. Nothing provided herein sha ll eliminate,
limit, or restrict the liability for any act or failure to act of
any hospital, any hos pital’s employees, or persons duly lice nsed to
practice medicine.
C. The definition of the practice of medicine and surgery shall
include, but is not limi ted to:
1. Advertising, holding out to the public, or represe nting in
any manner that one is authori zed to practice medicine and surgery
in this state;
2. Any offer or attempt to prescribe, order, give, or
administer any drug or medicine and surgery for the use of any other
person, except as otherwise authorized by law;
3. a. any offer or attempt, excep t as otherwise authorized
by law, to prevent, diagnose, correct, or treat in any
manner or by any means, methods, devises, or
instrumentalities except for manual manipulation any
disease, illness, pain, wound, fractur e, infirmity,
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defect, or abnormal physi cal or mental condition of
any person, including the management of pregnancy and
parturition, except as otherwise authorized by law,
b. except as provided in subsection D of this sec tion,
performance by a person withi n or outside of this
state, through an ongoing regular arrangement, of
diagnostic or treatment services , including but not
limited to, stroke prevention and treatment, through
electronic communications for any patient who se
condition is being diagnosed or treated within this
state by a physician duly licensed and practicing in
this state. A person who performs any of the
functions covered by this subparagraph submits himself
or herself to the ju risdiction of the courts of this
state for the purposes of any cause of action
resulting from the fun ctions performed, and
c. nothing in the Oklahoma Allopathic Medical and
Surgical Licensure and Supervision Act shall be
construed to affect or give jurisdi ction to the Board
over any person other than medical doctors or persons
holding themselves out as me dical doctors;
4. Any offer or attempt to perform any surgical operation upon
any person, except as otherwise authorized by law; and
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5. The use of the ti tle Doctor, Doctor of Medicine, Physician,
Surgeon, Physician and Surg eon, Dr., M.D. or any of the medical
specialty titles listed in subsec tion A of this section, or any
combination thereof, in the conduct of any occupation or profession
pertaining to the prevent ion, diagnosis, or treatment of human
disease or condition unless, where appropriate, such a designation
additionally contains the d escription of another branch of the
healing arts for which on e holds a valid license in this state or as
otherwise provided by law .
D. The practice of medicine and surgery, as defined in this
section, shall not inclu de:
1. A student while engaged in trai ning in a medical school
approved by the Board or while engaged in graduate medical training
under the supervision of the medical st aff of a hospital or other
health care facility approved by th e state medical board f or such
training, except that a student engaged in graduate medical training
shall hold a license issued by the Board for such train ing;
2. Any person who provides medica l treatment in cases of
emergency where no fee or other consid eration is contemplated ,
charged or received;
3. A commissioned medical officer of the armed forces of the
United States or medical officer of the United States Public Health
Service or the Department of Veterans Affairs of the United States
in the discharge of official duties and/or or within federally
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controlled facilities; and provided that such person shal l be fully
licensed to practice medicine and sur gery in one or more
jurisdictions of the United States; provided further that such
person who holds a medical license in thi s state shall be subject to
the provisions of the Oklahoma Allopathic Medical and Su rgical
Licensure and Supervision Act;
4. Any person licensed under any other act when properly
practicing in the healing art for which that person i s duly
licensed;
5. The practice of those who endeavor to pre vent or cure
disease or suffering by spiritua l means or prayer;
6. Any person administering a domestic or family remedy to a
member of such person’s own family;
7. Any person licensed to pract ice medicine and surger y in
another state or territory of the United States who renders
emergency medical treatment or briefly provides critical medical
service at the specific lawful direction of a medical institution or
federal agency that assumes full r esponsibility for that treatment
or service and is approved by the Board;
8. Any person who is licensed to practice medicine and surgery
in another state or territory of the United States whose sole
purpose and activity is limited to brief actual consulta tion with a
specific physician who is licensed to practice med icine and surgery
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by the Board, other than a person with a special or restricted
license; or
9. The practice of any other person as licensed by appropriate
agencies of this state, provided that such duties are consis tent
with the accepted standards of the person’s profession and the
person does not represent himself or herself as a Doctor, Doctor of
Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D. or
any of the medical special ties listed in subsection A of this
section, or any combination the reof, except as otherwise provided by
law.
E. Nothing in the Oklahoma Allopathic Medical and Surgical
Licensure and Supervision Act shall prohibit:
1. The service rendered by a physician’s unlicensed trained
assistant, if such service is rendered under t he supervision and
control of a licensed physician pursuant to Board rules, provided
such rules are not in conflict with the provisions of any other
healing arts licensure act or rules promulgated pursuant to such
act; or
2. The service of any other perso n duly licensed or certified
by the state to practice the healing arts.
F. Nothing in the Oklahoma Allopathic Medical and Surgical
Licensure and Supervision Act s hall prohibit services rendered by
any person not licensed by the Board and practicing any
nonallopathic healing practice.
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G. Nothing in the Oklahoma Allopathic Medical and Surgical
Licensure and Supervision Act shall be construed as to require a
physician to secure a Maintenance of Certification (MOC) as a
condition of licensure, reimbursement, employment or admitting
privileges at a hospital in this state. For the purposes of this
subsection, “Maintenance of Certification (MOC) ” shall mean a
continuing education program measuring core competencies in the
practice of medicine and surgery and app roved by a nationally -
recognized accrediting organization.
SECTION 3. AMENDATORY 59 O.S. 2011, Section 725.2, is
amended to read as follows:
Section 725.2. A. The following nine classes of persons may
use the word “Doctor”, or an abbreviation thereof, and sha ll have
the right to use, whether or not in conjunction with 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 medicin e 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
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medicine, as appropriate, by a person licensed to practice dentistry
under the State Dental Act ;
4. The letters “M.D.” or the words surgeon, medical doctor, or
doctor of medicine, or medical specialty titles, by a person
licensed to practice medic ine and surgery unde r the Oklahoma
Allopathic Medical and Surgical Licensure and Supervision Act ;
5. The letters “O.D.” or the words optometris t or doctor of
optometry by a person licensed to practice optometry under Sections
581 through 606 of this title;
6. The letters “D.O.” or the words surgeon, oste opathic
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 Psycholog ists 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 pursua nt to the Speech-Language
Pathology and Audiology Licensing Act and who has earned a doctoral
degree from a regionally accredited in stitution of higher learning
in the field of speech and language pathology; and
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9. The letters “Ph.D.”, “Ed.D.”, or other letters representing
a doctoral degree or the word audiologist by a person licensed as an
audiologist pursuant to the Speech-Language Pathology and Audiology
Licensing Act and who has earned a doctoral degree from a regionally
accredited institution of high er learning in the field of audiology.
B. Unless otherwise specifically provided in a particular
section or chapter of the Oklahoma Statutes, the word “doctor” or
“doctors” shall mean and include each of the nine classes of persons
listed in subsection A and the word “physician” or “physicians”, as
provided in subsection 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 specifically provided in a particular
section or chapter of the Oklahoma Statutes, the word “physician” or
“physicians” shall mean and include each of the classes of persons
listed in paragraphs 1 throug h 6 of subsection A and the word
“doctor” or “doctors” as provided in subsection B of this section.
The term “physician” shall not include any person specified in
paragraphs 7 through 9 of subsection A of this section unless such
person is otherwise autho rized to use such designation pursuant to
this section.
D. For purposes of this section, “provider” means and includes:
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l. Each of the nine classes of persons li sted 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 clas ses listed in subsec tion A,
and referred to in subs ections 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 pro vided in subsections A, B and C of
this section. Each applicable 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 section if the
person is one of the classes of persons listed in
subsection A of this section, and referred to in
subsections B and C of this section, or
b. utilize appropriate, accepted, and easily underst ood
words or letters, which clearly show and indicate the
branch of the healing art in which the person is
licensed to practice and is engaged in, if the person
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is not one of the nine classes of persons li sted in
subsection A of this section, or referred t o in
subsections B and C of this section.
2. The term “advertisement” includes any printed d ocument
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 docto r, doctor of
osteopathic medicine, doctor of dental surgery, doctor of dental
medicine, doctor of optometry, doc tor of podiatry, or doctor of
chiropractic to make any deceptive or misleading statement, or
engage in any deceptive or misleading act, that dec eives or misleads
the public or a prospective or current patient, regarding the
training and the license under w hich 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 person, or
c. in any other way des cribing the profession, skills,
training, expertise, education, or licensure of a
person in a fashion that causes the public, a
potential patient, or current patient to believe that
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the person is a medical doctor, doctor of osteopathic
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 thi s section, a
person licensed in this state to perfo rm speech pathology or
audiology services is designated 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 th e Individuals
with Disabilities Education Act, Amen dment of 1997, Public Law 105-
17, and Section 504 of the Rehabilitation Act of 1973.
SECTION 4. AMENDATORY 59 O.S. 2011, 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 thi s title appends to their name the word
“Doctor”, the abbreviation “Dr.”, any medical specialty title or any
other word, abbreviation or designation, which word, abbreviation or
designation, indicate indicates that such person is qualified for
diagnosis or treatment, as herein defined, shall constitute prima
facie evidence that such person is holding himself or herself out,
within the meaning of this act Sections 731.1 through 731.6 of this
title, as qualified to engage in diagnosis or treatment.
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B. Nothing in this section shall be construed to prevent a
person specified in paragraphs 7 through 9 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 na me and
designation with the letters signifying the recognized doctoral
degrees specified in paragraphs 7 through 9 of subsection A of
Section 725.2 of this title.
SECTION 5. AMENDATORY 59 O.S. 2011, Section 731.3, is
amended to read as follows:
Section 731.3. Except as authorized by the provisions of
Sections 492 and 731.5 of this title and Section 5 of this act
Section 1-116.2 of Title 70 of the Oklahoma Statutes , no person
shall in any manner engage in, offer to engage in, or ho ld himself
or herself out as qualified to engage in the diagnosis and/or or
treatment of any huma n ill including by the use of medical titles or
medical specialty titles, unless such person is the holder o f a
legal and unrevoked license or certificate issu ed under the laws of
Oklahoma authorizing s uch person to practice the heali ng art covered
by such license and is practicing thereunder in the manner and
subject to the limitations provided by the laws of the State of
Oklahoma this state for the issuance of such license or certificate
for the practice thereunder.
SECTION 6. This act shall become effective November 1, 2021.
58-1-869 DC 1/19/2021 9:14:45 PM