|ENROLLED HOUSE | |BILL NO. 2732 By: Renegar, Nations and | | Denney of the House | | | | and | | | | Gumm and Leftwich of the | | Senate | | | | | | | | | | | | | | An Act relating to professions and occupations; | | amending 59 O.S. 2001, Section 328.49, as amended by | | Section 10, Chapter 172, O.S.L. 2003 (59 O.S. Supp. | | 2007, Section 328.49), which relates to dentistry; | | increasing and expanding penalties for unlawful | | practice; amending 59 O.S. 2001, Section 491, as | | amended by Section 3, Chapter 523, O.S.L. 2004 (59 | | O.S. Supp. 2007, Section 491), which relates to the | | practice of medicine or surgery; increasing and | | expanding penalties for practicing without a license; | | amending 59 O.S. 2001, Section 638, as amended by | | Section 12, Chapter 523, O.S.L. 2004 (59 O.S. Supp. | | 2007, Section 638), which relates to the Oklahoma | | Osteopathic Medicine Act; increasing penalty for | | violation; amending 59 O.S. 2001, Section 698.18, | | which relates to veterinary medicine; modifying | | penalties for practicing or attempting to practice | | veterinary medicine without a license; amending 59 | | O.S. 2001, Section 698.26, as amended by Section 7, | | Chapter 172, O.S.L. 2002 (59 O.S. Supp. 2007, Section | | 698.26), which relates to the unauthorized practice | | of veterinary medicine; providing penalty for the | | unauthorized use of certain titles; modifying penalty | | for permitting or directing violation; establishing | | medical battery as a felony; defining term; providing | | for codification; and providing an effective date. | | | | | | | | | |BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | SECTION 1. AMENDATORY 59 O.S. 2001, Section 328.49, as | |amended by Section 10, Chapter 172, O.S.L. 2003 (59 O.S. Supp. 2007, | |Section 328.49), is amended to read as follows: | arsid14171068 ENR. H. B. NO. 2732 Page 1 ___________________________________________________________________________
| | | Section 328.49 A. The Board of Dentistry shall be responsible | |for the enforcement of the provisions of the State Dental Act | |against all persons who are in violation thereof, including, but not | |limited to, individuals whoare practicingpractice orattempting| |attempt to practice dentistry or dental hygiene without proper | |authorization from the Board. | | | | B. 1. It shall be unlawful for any person, except a licensed | |dentist, to: | | | | a. practice or attempt to practice dentistry, | | | | b. hold oneself out to the public as a dentist or as a | | person who practices dentistry, or | | | | c. employ or use the words "Doctor" or "Dentist", or the | | letters "D.D.S." or "D.M.D.", or any modification or | | derivative thereof, when such use is intended to give | | the impression that the person is a dentist. | | | | 2. It shall be unlawful for any person, except a registered | |dental hygienist, to: | | | | a. practice or attempt to practice dental hygiene, | | | | b. hold oneself out to the public as a dental hygienist | | or as a person who practices dental hygiene, or | | | | c. employ or use the words "Registered Dental Hygienist", | | or the letters "R.D.H.", or any modification or | | derivative thereof, when such use is intended to give | | the impression that the person is a dental hygienist. | | | | 3. It shall be unlawful for any person to: | | | | a. give false or fraudulent evidence or information to | | the Board in an attempt to obtain any license or | | permit from the Board, or | | | | b. aid or abet another person in violation ofthis| |subsectionthe State Dental Act. | | 4. Each dayofa person is in violation of any provision of | |this subsection shall constitute a separateand distinctcriminal | |offense and, in addition, the district attorney may file a separate | |charge of medical battery for each person who is injured as a result | |of treatment performed in violation of this subsection. | | | arsid14171068 ENR. H. B. NO. 2732 Page 2 ___________________________________________________________________________
| C. 1. If a person violates any of the provisions of subsection | |B of this section, the Boardmayshall requestthatthe district | |attorney of the county in whichsuchthe violation isbelieved| |alleged to have occurred to bring a criminal action in that county | |against the person. A duplicate copy of the Board's request shall | |be sent to the Attorney General of this state. | | | | 2. Any person who violates any of the provisions of paragraph 1 | |or 3 of subsection B of this section, upon convictionthereof, shall | |be guilty of amisdemeanorand shall be punishedas follows:| || |a.for a first offense,felony punishable by a fineof| | in an amount not less thanFive Hundred Dollars| |($500.00)One Thousand Dollars ($1,000.00) nor more | | thanOne Thousand Five Hundred Dollars ($1,500.00)Ten | | Thousand Dollars ($10,000.00), or by imprisonment in | | the county jail for a term of not more thanthirty| |(30) daysone (1) year or imprisonment in the custody | | of the Department of Corrections for a term of not | | more than four (4) years, or by both such fine and | | imprisonment,| | | |b.for a second offense, by a fine of not less than One| |Thousand Five Hundred Dollars ($1,500.00) nor more| |than Two Thousand Five Hundred Dollars ($2,500.00), or| |by imprisonment in the county jail for not more than| |ninety (90) days, or by both such fine and| |imprisonment, or| | | |c.for a third or subsequent offense, by a fine of not| |less than Two Thousand Five Hundred Dollars| |($2,500.00) nor more than Five Thousand Dollars| |($5,000.00), or by imprisonment in the county jail for| |not more than one hundred eighty (180) days, or by| |both such fine and imprisonment. | | | |Any person who violates any of the provisions of paragraph 2 of | |subsection B of this section, upon conviction, shall be guilty of a | |misdemeanor punishable by a fine in an amount not less than Five | |Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred | |Dollars ($2,500.00), or by imprisonment in the county jail for a | |term of not more than ninety (90) days, or by both such fine and | |imprisonment. Any second or subsequent violation of paragraph 2 of | |subsection B of this section, upon conviction, shall be a felony | |punishable by a fine in an amount not less than One Thousand Five | |Hundred Dollars ($1,500.00) nor more than Five Thousand Dollars | |($5,000.00), or by imprisonment in the county jail for a term of not | |more than one (1) year or imprisonment in the custody of the | arsid14171068 ENR. H. B. NO. 2732 Page 3 ___________________________________________________________________________
|Department of Corrections for a term of not more than two (2) years, | |or by both such fine and imprisonment. | | | | D. The Board may initiate a civil action, pursuant to Chapter | |24 of Title 12 of the Oklahoma Statutes, seeking a temporary | |restraining order or injunction, without bond, commanding a person | |to refrain from engaging in conduct which constitutes a violation of | |any of the provisions of subsection B of this section. Inana | |civil action filed pursuant to this subsection, the prevailing party | |shall be entitled to recover costs and reasonable attorney fees. | | | | E. In addition to any other penalties provided herein, any | |person found guilty of contempt of court by reason of the violation | |of any injunction prohibiting the unlicensed practice of dentistry | |now in effect or hereafter entered pursuant to any provision of the | |State Dental Act or any preceding state dental act, shall be | |punished by imprisonment in the county jail for a term of not less | |than thirty (30) days nor more than one (1) year, and by a fine of | |not less than Five Hundred Dollars ($500.00) nor more than One | |Thousand Dollars ($1,000.00). The court may also require the | |defendant to furnish a good and sufficient bond in a penal sum to be | |set by the court, not less than One Thousand Dollars ($1,000.00), | |which shall be conditioned upon future compliance in all particulars | |with the injunction entered, and in the event of failure of the | |defendant to furnish such bond when so ordered, the defendant shall | |be confined in the county jail pending compliance therewith. Such | |bond shall be mandatory as to any person hereafter found guilty of a | |second contempt of court for violation of any injunction entered | |pursuant to the State Dental Act, or any preceding state dental act. | | | | SECTION 2. AMENDATORY 59 O.S. 2001, Section 491, as | |amended by Section 3, Chapter 523, O.S.L. 2004 (59 O.S. Supp. 2007, | |Section 491), is amended to read as follows: | | | | Section 491. A. 1. Every person before practicing medicine | |and surgery or any of the branches or departments of medicine and | |surgery, within the meaning of the Oklahoma Allopathic Medical and | |Surgical Licensure and Supervision Act, within this state, must be | |in legal possession of the unrevoked license or certificate issued | |pursuant to the Oklahoma Allopathic Medical and Surgical Licensure | |and Supervision Act. | | | | 2. Any person practicing in such manner within this state, who | |is not in the legal possession ofsucha license or certificate, | |shall, upon convictionthereof, be guilty of a felony,and shall, in| |any court having jurisdiction, be fined for:| | | | | arsid14171068 ENR. H. B. NO. 2732 Page 4 ___________________________________________________________________________
|a.the first offense in any sum not less than One| |Thousand Dollars ($1,000.00), and not more than Five| |Thousand Dollars ($5,000.00), and| | | |b.any succeeding offense, as provided in subparagraph a| |of this paragraph, and in addition thereto, be| |imprisoned in a county jail for a period of time of| |not less than thirty (30) days, nor more than one| |hundred eighty (180) days| | | |punishable by a fine in an amount not less than One Thousand Dollars | |($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by | |imprisonment in the county jail for a term of not more than one (1) | |year or imprisonment in the custody of the Department of Corrections | |for a term of not more than four (4) years, or by both such fine and | |imprisonment. | | | | 3.In all instances,each day's practiceEach day a person is | |in violation of any provision of this subsection shall constitute a | |separateand distinctcriminal offense and, in addition, the | |district attorney may file a separate charge of medical battery for | |each person who is injured as a result of treatment or surgery | |performed in violation of this subsection. | | | | 4. Any person who practices medicine and surgery or any of the | |branches or departments thereof without first complying with the | |provisions of the Oklahoma Allopathic Medical and Surgical Licensure | |and Supervision Act shall, in addition to the other penalties | |provided therein, receive no compensation for such medical and | |surgical or branches or departments thereof services. | | | | B. 1. If a license has been revoked or suspended pursuant to | |the Oklahoma Allopathic Medical and Surgical Licensure and | |Supervision Act whether for disciplinary reasons or for failure to | |renewsuchthe license, the State Board of Medical Licensure and | |Supervision may, subject to rules promulgated by the Board, assess | |and collect an administrative fine not to exceed Five Thousand | |Dollars ($5,000.00) for each day after revocation or suspension | |whether for disciplinary reasons or for failure to renew such | |license that the person practices medicine and surgery or any of the | |branches or departments thereof within this state. | | | | 2. Fines assessed shall be in addition to any criminal penalty | |provided pursuant to subsection A of this section. | | | | SECTION 3. AMENDATORY 59 O.S. 2001, Section 638, as | |amended by Section 12, Chapter 523, O.S.L. 2004 (59 O.S. Supp. 2007, | |Section 638), is amended to read as follows: | arsid14171068 ENR. H. B. NO. 2732 Page 5 ___________________________________________________________________________
| | | Section 638. A. Each of the following acts shall constitute a | |felony, punishable, upon conviction, by a fine of not less than One | |Thousand Dollars ($1,000.00) nor more thanFive Thousand Dollars| |($5,000.00)Ten Thousand Dollars ($10,000.00) or by imprisonment in | |the county jail for a term of notless than ninety (90) days nor| |more than one (1) year or imprisonment in the custody of the | |Department of Corrections for a term of not more than four (4) | |years, or by both such fine and imprisonment: | | | | 1. The practice of osteopathic medicine or attempt to practice | |osteopathic medicine without a license issued by the State Board of | |Osteopathic Examiners, and each visit, treatment, prescription, or| |attempted visit, treatment, or prescription shall constitute a| |separate and distinct offense; | | | | 2. Obtainingof, or attempting to obtain, a license under the | |provisions of this act, or obtaining,Oklahoma Osteopathic Medicine | |Act by fraud or false statements; | | | | 3. Obtaining, or attempting to obtain, money or any other thing | |of value, by fraudulent representation or false pretense; | | | |3.4. Advertising as an osteopathic physician and surgeon, or | |practicing or attempting to practice osteopathic medicine under a | |false, assumed, or fictitious name, or a name other than the real | |name; or | | | |4.5. Allowing any person in the licensee's employment or | |control to practice as an osteopathic physician and surgeon when not | |actually licensed to do so. | | | | B. Each day a person is in violation of any provision of | |subsection A of this section shall constitute a separate criminal | |offense and, in addition, the district attorney may file a separate | |charge of medical battery for each person who is injured as a result | |of treatment or surgery performed in violation of subsection A of | |this section. | | | | C. Any person making any willfully false oath or affirmation | |whenever oath or affirmation is required by the Oklahoma Osteopathic | |Medicine Act shall be deemed guilty of the felony of perjury, and | |upon conviction, shall be punished as prescribed by the general laws | |of this state. | | | | SECTION 4. AMENDATORY 59 O.S. 2001, Section 698.18, is | |amended to read as follows: | | | arsid14171068 ENR. H. B. NO. 2732 Page 6 ___________________________________________________________________________
| Section 698.18 A. It shall be unlawful for any person to | |practice or attempt to practice veterinary medicine without a | |current license or certificate issued pursuant to the Oklahoma | |Veterinary Practice Act, or to knowingly aid or abet another person | |in the unlicensed practice or attempted practice of veterinary | |medicine in this state. | | | | B. Any person who violates, aids or abets in violatingany of | |the provisions ofthe Oklahoma Veterinary Practice Act shall be| |deemed guilty of a misdemeanor andsubsection A of this section | |shall, upon convictionthereof shall be punished, be guilty of a | |felony punishable by a fineofin an amount not less thanFive| |Hundred Dollars ($500.00)or notOne Thousand Dollars ($1,000.00), | |nor more thanTwo Thousand Five Hundred Dollars ($2,500.00)Ten | |Thousand Dollars ($10,000.00), or by imprisonment in the county jail | |for a term of notless than thirty (30) days, normore thansix (6)| |monthsone (1) year or imprisonment in the custody of the Department | |of Corrections for a term of not more than four (4) years, or by | |both such fine and imprisonment. | | | | SECTION 5. AMENDATORY 59 O.S. 2001, Section 698.26, as | |amended by Section 7, Chapter 172, O.S.L. 2002 (59 O.S. Supp. 2007, | |Section 698.26), is amended to read as follows: | | | | Section 698.26 A.AIt is unlawful for a registered veterinary | |technician, veterinary technologist, nurse, veterinary assistant or | |other employeeshall notto diagnose animal diseases, prescribe | |medical or surgical treatment, or perform as a surgeon and such acts | |shall constitute the unlawful practice of veterinary medicine as | |prohibited in Section 698.18 of this title. | | | | B. It is unlawful for any person to assume the title of | |registered veterinary technician, or the abbreviation RVT, or any | |other words, letters, signs, or figures that might induce a person | |to believe that the person using the name is a registered veterinary | |technician, when in fact such person is not certified. | | | | C. A registered veterinary technician may perform emergency | |treatments in a life saving situation in accordance with rules | |promulgated by the Board. | | | |C. AnyD. Except as provided in Section 698.18 of this title, | |any person certified as a veterinary technician, veterinary | |technologist, veterinary nurse, or veterinary assistant who | |practices veterinary medicine contrary to the provisions of the | |Oklahoma Veterinary Practice Act,violates,or any person who aids,| |or abetssuch actionsanother in the practice or attempted practice | |as a veterinary technician, veterinary technologist, veterinary | arsid14171068 ENR. H. B. NO. 2732 Page 7 ___________________________________________________________________________
|nurse, or veterinary assistant without license or certification, or | |any person violating any provision of subsection B of this section, | |upon convictionthereof, shall be guilty of a misdemeanorand| |punishable by a fine of not less than Five Hundred Dollars ($500.00) | |nor more than Two Thousand Five Hundred Dollars ($2,500.00), or by | |imprisonment in the county jail for a term of not less than thirty | |(30) days, nor more than six (6) months, or by both such fine and | |imprisonment. In addition to criminal penalties, the violator shall | |alsobe subject to denial, revocation, suspension, probation or | |nonrenewal of certification by the Board.Any person who assumes| |the title of registered veterinary technician, or the abbreviation| |RVT, or any other words, letters, signs, or figures that might| |induce a person to believe that the person using the name is a| |registered veterinary technician, when in fact they are not| |certified, upon conviction thereof shall be guilty of a misdemeanor.| | | |D.E. The penalties provided in subsectionCD of this section | |shall not apply to a student enrolled in an accredited school of | |veterinary technology while the student is under the supervision of | |an instructor and is performing activities required as a part of the | |student's training. | | | |E.F. Anylicensedveterinarian licensed in this state who | |permittingpermits ordirectingdirects a veterinary technician, | |veterinary technologist, veterinary nurse, aide or animal attendant | |to perform a task or procedure in violation of the provisions of the | |Oklahoma Veterinary Practice Act, upon convictionthereof, shall be | |guilty ofa misdemeanoraiding or abetting the unlicensed practice | |of veterinary medicine as prohibited by Section 698.18 of this | |title, and shallalsobe, in addition to any criminal penalties, | |subject to revocation, probation, nonrenewal or suspension of | |license by the Board. | | | | SECTION 6. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 650.11 of Title 21, unless there | |is created a duplication in numbering, reads as follows: | | | | A. Medical battery is a felony, upon conviction, punishable by | |imprisonment in the county jail for a term of not more than one (1) | |year, or imprisonment in the custody of the Department of | |Corrections for a term of not more than four (4) years, and a fine | |in an amount not more than Five Thousand Dollars ($5,000.00). In | |addition, the defendant shall be ordered to make restitution to the | |victim in an amount as determined by the court. | | | | B. For purposes of this section, "medical battery" means: | | | | | arsid14171068 ENR. H. B. NO. 2732 Page 8 ___________________________________________________________________________
| 1. The defendant has been found guilty of practicing dentistry, | |medicine, osteopathic medicine, or surgery, without a license or | |authority as prohibited by the provisions of the State Dental Act, | |the Oklahoma Allopathic Medical and Surgical Licensure and | |Supervision Act, or the Oklahoma Osteopathic Medicine Act; | | | | 2. The treatment, or course of treatment, practiced in | |violation of the provisions of the State Dental Act, the Oklahoma | |Allopathic Medical and Surgical Licensure and Supervision Act, or | |the Osteopathic Medicine Act resulted in the victim having permanent | |physical injury or disfigurement; | | | | 3. The victim consented to such treatment, or course of | |treatment, under a belief that the defendant was licensed and | |authorized to diagnose and perform the treatment; and | | | | 4. The defendant willfully performed the act knowing that such | |act was prohibited pursuant to law. | | | | SECTION 7. This act shall become effective November 1, 2008. | | | | | | Passed the House of Representatives the 22nd day of May, 2008. | | | | | | | | | | Presiding Officer of the House of | | Representatives | | | | | | Passed the Senate the 22nd day of May, 2008. | | | | | | | | | | Presiding Officer of the Senate | | | | | | | | | | | | | | | | | | | | | | | arsid14171068 ENR. H. B. NO. 2732 Page 9©2008-09 eCapitol, LLC. All rights reserved.
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