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ENGROSSED SENATE
BILL NO. 718 By: McCortney of the Senate
and
Mize of the House
An Act relating to allopathic medicine; am ending 59
O.S. 2011, Section 492, as amen ded by Section 1,
Chapter 40, O.S.L. 2016 (59 O.S. Supp. 2020, Section
492), which relates to definition of the practice of
medicine; adding certain exclusion; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
SECTION 1. 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:
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 and
Supervision Act, who shall append to his or her name the letters
“M.D.”, “Physician” or any other title, letters or designation whi ch
represent that such person is a physici an, or who shall for a fee or
any form of compensation diagnose and/or treat disease, injury or
deformity of persons in this state by any allopathic legend drugs,
surgery, manual, or mechanical treatment unless oth erwise authorized
by law.
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B. A hospital or related institution as such t erms are defined
in Section 1-701 of Title 63 of the Oklahoma Statutes, which has the
principal purpose or function of providing hospital or medical care,
including but not limited to any corporation, association, trust , or
other organization organized and operated for such purpose, may
employ one or more persons who are duly licensed to practice
medicine in this state without being regarded as itself practicing
medicine within the mea ning and provisions of this section. The
employment by the hospital or r elated institution of any person who
is duly licensed to practice medicine 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 shall eliminate,
limit, or restrict the liability for any act or failure to act of
any hospital, any hospital ’s employees, or persons duly licensed to
practice medicine.
C. The definition of the practice of medicine an d surgery shall
include, but is not limite d to:
1. Advertising, holding out to the public, or representing in
any manner that one is authorized 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 th e use of any other
person, except as otherwise authorized by law;
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3. a. any offer or attempt, except as otherwise authorized
by law, to prevent, diagnose, correct , or treat in any
manner or by any means, methods, d evises, or
instrumentalities except for ma nual manipulation any
disease, illness, pain, wound, fracture, infirmity,
defect, or abnormal physical or mental condition of
any person, including the management of pregnancy and
parturition, except as otherwise a uthorized by law,
b. except as provided in subsection D of this section,
performance by a person within 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 whose
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 subparag raph submits himself
or herself to the jur isdiction of the courts of this
state for the purposes of any cause of action
resulting from the functions performed, and
c. nothing in the Oklahoma Allopathic Medical and
Surgical Licensure and Supervision Act sha ll be
construed to affect or give jurisdic tion to the Board
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over any person other than medical doctors or persons
holding themselves out as medical doctors;
4. Any offer or attempt to perform any surgical operation upon
any person, except as otherwise aut horized by law; and
5. The use of the tit le Doctor of Medicine, Physicia n, Surgeon,
Physician and Surgeon, Dr., M.D. or any combination thereof in the
conduct of any occupation or profession pertaining to the
prevention, diagnosis, or treatment of human d isease or condition
unless, where appropri ate, such a designation additio nally contains
the description of another branch of the healing arts for which one
holds a valid license in this state.
D. The practice of medicine and surgery, as defined in this
section, shall not include:
1. A student while engaged in training in a me dical school
approved by the Board or while engaged in graduate medical training
under the supervision of the medical staff of a hospital or other
health care facility approved by the state medical board for such
training, except that a student engaged in graduate medical training
shall hold a license issued by the Board for such training;
2. Any person who provides medical treatment in cases of
emergency where no fee or other conside ration is contemplated,
charged or received;
3. A commissioned medical o fficer of the armed forces of the
United States or medical officer of the United States Public Health
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Service or the Department of Veterans Affairs of the United States
in the discharge of official duties and/or within federa lly
controlled facilities; and provided that such person shall be fully
licensed to practice medicine and surgery in one or more
jurisdictions of the United States; provided further that such
person who holds a med ical license in this state shall be subjec t to
the provisions of the Okla homa Allopathic Medical and Surgical
Licensure and Supervision Act;
4. Any person licensed under any other act when properly
practicing in the healing art for which that person is du ly
licensed;
5. The practice of those who endeavor to prevent or cure
disease or suffering by spiritual 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 practice medicine and surgery in
another state or territory of the United States w ho 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 respo nsibility 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 consultation with a
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specific physician who is licensed to practice medicine and surge ry
by the Board, other than a person with a special or restricted
license; or
9. Any person who is licensed to practice medicine and surgery
in another state or territory of the Unit ed States who engages in
consultation through telehealth with a p atient physically located in
this state for the sole purpose of providing an expert second
opinion; or
10. The practice of any other person as licensed by appropriate
agencies of this state, provided that such duties are consistent
with the accepted standards of the person’s profession and the
person does not represent himself or herself as a Doctor of
Medicine, Physician, Surgeon, Physician and Surgeon, Dr., M.D. , or
any combination thereof.
E. Nothing in the Oklahoma Allopathic Me dical 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 the supervision and
control of a licensed p hysician 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 person duly licensed or certified
by the state to practice the healing arts.
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F. Nothing in the Oklahoma Allopathic Medi cal and Surgical
Licensure and Supervision Act shall prohibit services rendered by
any person not licensed by the Board and practicing any
nonallopathic healing practice.
G. Nothing in the Oklahoma Allopathic Medical and Sur gical
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 approved by a nationally -
recognized accrediti ng organization.
SECTION 2. This act shall become effect ive November 1, 2021.
Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives