Okla. Stat. tit. 59, § 59-492

Practice of medicine defined - Services rendered by trained

assistants - Persons practicing nonallopathic healing.

A. Every person shall be regarded as practicing allopathic

medicine within the meaning and provisions of this act, who shall

append to his or her name the letters "M.D.", "Physician" or any

other title, letters or designation which represent that such person

is a physician, 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 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 Statutes, which has the

principal purpose or function of providing hospital or medical care,

Oklahoma Statutes - Title 59. Professions and Occupations Page 441

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 meaning and provisions of this section. The

employment by the hospital or related 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 and surgery shall

include, but is not limited 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 the use of any other

person, except as otherwise authorized by law;

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, devises, or

instrumentalities except for manual 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 authorized 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 subparagraph submits himself

or herself to the jurisdiction 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 shall be

construed to affect or give jurisdiction to the Board

over any person other than medical doctors or persons

holding themselves out as medical doctors;

Oklahoma Statutes - Title 59. Professions and Occupations Page 442

4. Any offer or attempt to perform any surgical operation upon

any person, except as otherwise authorized by law; and

5. The use of the title Doctor of Medicine, Physician, 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 disease or condition

unless, where appropriate, such a designation additionally contains
l operation upon

any person, except as otherwise authorized by law; and

5. The use of the title Doctor of Medicine, Physician, 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 disease or condition

unless, where appropriate, such a designation additionally 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 medical 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 consideration 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 within federally

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 medical license in this state shall be subject to

the provisions of the Oklahoma 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 duly

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 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 responsibility 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

specific physician who is licensed to practice medicine 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 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 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 the 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 person 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 shall prohibit services rendered by

any person not licensed by the Board and practicing any

nonallopathic healing practice.
r

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.

F. Nothing in the Oklahoma Allopathic Medical 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 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 approved by a nationally-

recognized accrediting organization.