Okla. Stat. tit. 63, § 63-1-742

or other entity - Penalties - Construction of act - Exceptions.

A. 1. Any person who intentionally or knowingly pays to or

accepts anything of value from any person, firm, association of

persons, partnership or corporation for securing or soliciting

patients for any health care professional, health care provider, or

other entity providing health care services in this state, upon

conviction, shall be guilty of a misdemeanor and shall be punished

by a fine of not less than Five Hundred Dollars ($500.00) and not

more than Two Thousand Dollars ($2,000.00).

2. In addition to any other penalties or remedies provided by

law:

a. a violation of this section by a health care

professional or health care provider shall be grounds

for disciplinary action by the state agency licensing,

Oklahoma Statutes - Title 63. Public Health and Safety Page 385

certifying or registering such professional or

provider, and

b. the state agency licensing, certifying, or registering

such professional or provider may institute an action

to enjoin violation or potential violation of this

section.

B. This section shall not be construed to prohibit:

1. Advertising, except that advertising which:

a. is false, misleading or deceptive,

b. advertises professional superiority or the performance

of a professional service in a superior manner, and

c. is not readily subject to verification;

2. Remuneration for advertising, marketing, or other services

that are provided for the purpose of securing or soliciting

patients, provided the remuneration is:

a. set in advance,

b. consistent with the fair market value of the services,

and

c. not based on the volume or value of any patient

referrals or business otherwise generated between the

parties; and

3. Any payment, business arrangements, or payments practice not

prohibited by 42 U.S.C., Section 1320a-7b(b), or any regulations

promulgated pursuant thereto.

C. This section shall not apply to licensed insurers, including

but not limited to, group hospital service corporations or health

maintenance organizations which reimburse, provide, offer to

provide, or administer hospital, medical, dental, or other health-

related benefits under a health benefits plan for which it is the

payor when it is providing those services under a health benefits

plan, or referral agency as defined in paragraph 4 of Section 1 of

this act.

D. For purposes of this section:

1. "Health care professional" means any person who offers or

provides counseling or health or mental health care under a license,

certification or registration issued pursuant to Title 59 of the

Oklahoma Statutes; and

2. "Health care provider" means any hospital or related

institution offering or providing health care services licensed

pursuant to Section 1-702 of this title.