Oklahoma - Definition of "Practicing Medicine"
Comments in blue are added by Judie C. Rall as commentary on the law.
Oklahoma Public Legal Research System
Sponsored by the
Oklahoma Attorney General´s Office
using CNIDR Isearch-cgi 1.20.06 (File: 59-492.html)
§59-492.
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.", "Doctor", "Professor",
"Specialist",
"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.
The treatment of "disease, injury or deformity" does not, by definition, include pregnancy and childbirth, since they are a natural function of a woman's body and not a disease. A person assisting someone during a natural birth in which no disease process is involved would not be considered to practice medicine. This would include a midwife, husband, relative or friend who assists the mother in giving birth.
Practicing medicine is defined as treatment with "allopathic" treatments, which by definition excludes holistic, natural, non-medical, non-drug, non-surgical forms of treatment.
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,
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.
Since previously in this statute it has been established that treatment with non-allopathic treatments does not fall under the definition of "practicing medicine", and that pregnancy and birth are natural functions of a woman's body and not a "disease, injury or deformity", any education or advice pertaining to natural, non-medical methods of preventing illness or dealing with pregnancy or birth-related conditions should not be considered the practice of medicine.
b. Except as provided in subsection D of this section,
performance by
a person outside of this state, through an ongoing regular
arrangement, of diagnostic or treatment services through
electronic
communications for any patient whose condition is being
diagnosed or
treated within 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.
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;
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
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
of the Veterans Administration 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;
This would mean that licensed massage therapists, certified aromatherapists, certified or licensed naturopathic physicians, and other natural practitioners of the healing arts are not considered to be practicing medicine.
5. The practice of those who endeavor to prevent or
cure
disease or
suffering by spiritual means or prayer;
This would include a broad range of individuals, including ministers of organized churches who might pray for and lay hands on individuals, psychics and those who practice mediumship who might through communication with spiritual entities obtain information relevant to the health and healing of an individual, and those who believe that, by creating our own reality we can heal ourselves, or any other belief system rooted in a spiritual belief that our thoughts, feelings, and spiritual beliefs effect our health and happiness.
6. Any person administering a domestic or family remedy
to a member of
such person's own family;
This would include parents administering natural remedies to their children or other family members, or a husband, spouse or family member administering a natural remedy to a woman during pregnancy and childbirth. This would not be considered practicing medicine.
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
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.
Nonallopathic healing
practices
could include the use of nutrition, herbs, aromatherapy, massage,
Reiki,
color therapy, water therapy, reflexology, psychic healing, or any
spiritually-rooted
therapy or treatment.
These practices cannot be
prohibited
by the medical statutes.
What does this mean?
That
a woman in Oklahoma can have her baby wherever she wants, with any kind
of birth attendant she wants, or with no attendant other than family
and
friends, that she is within her rights to do so, and that she can use
non-allopathic
healing methods to treat any disease, injury or deformity that does
occur,
or consult those skilled in these healing arts without fear of
retribution
on herself, her family members who render aid, or those non-allopathic
healers who assist her.
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Also, see my page on Your Right To Refuse Medical Treatment or Testing
Back to The Online Childbirth Class
Back to Removing Obstacles to a Healthy Body and Mind
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It should be added that these
statutes
only apply in the state of Oklahoma. Check you state definition
of practicing medicine. At
a later time, we hope to supply these definitions for all states.
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