Okla. Stat. tit. 63, § 63-1-880.12

soliciting patients for psychiatric or chemical dependency facility.

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 psychiatric or chemical dependency facility in this

state shall be guilty of a misdemeanor, and upon conviction shall be

punishable by payment of 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 shall be grounds for

disciplinary action by the state agency licensing,

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 a violation or potential violation of this

section. The action for an injunction shall be in

addition to any other action, proceeding, or remedy

authorized by law.

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

Oklahoma Statutes - Title 63. Public Health and Safety Page 544

payor when it is providing those services under a health benefits

plan.

D. For purposes of this section:

1. "Health or mental 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 any drug and alcohol

counselor certified by a private professional organization or

association that offers drug and alcohol certification; and

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

institution offering or providing outpatient or inpatient

psychiatric or chemical dependency care licensed pursuant to Section

1-702 of Title 63 of the Oklahoma Statutes, or private facility

offering inpatient or outpatient psychiatric or chemical dependency

care licensed or certified pursuant to Title 43A of the Oklahoma

Statutes.