The Oklahoma Optometric Board

OPTOMETRY LAWS OF OKLAHOMA
59 O.S. 725

DESIGNATION OF BRANCH OF HEALING ART

Section 725.1 Use of Word
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      Every person who writes or prints, or causes to be written or printed, his name (whether or not the word "Doctor", or an abbreviation thereof, is used in connection therewith) in any manner in connection with such person in any manner engaging in, or in any manner holding himself out as engaging in, any of the branches of the healing art as defined in 59 O.S. 1951 Section 702, must append to his name so written or printed in the same size letters as his name appropriate and generally and easily understood words or letters, which clearly show and indicate the branch of the healing art in which he is licensed to practice and is engaged.

Section 725.2 Right to Use Word "Doctor" or Abbreviation Thereof
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     A. The following nine classes of persons may use the word "Doctor", or an abbreviation thereof, and shall have the right to use, whether or not in conjunction with the word "Doctor", or any abbreviation thereof, the following designations:
        1. The letters "D.P.M.", or the words podiatrist, doctor of podiatry, podiatric surgeon, or doctor of podiatric medicine by a person licensed to practice podiatry under the Podiatric Medicine Practice Act;
        2. The letters "D.C." or the words chiropractor or doctor of chiropractic by a person licensed to practice chiropractic under the Oklahoma Chiropractic Practice Act;
        3. The letters "D.D.S." or “D.M.D.”, as appropriate, or the words dentist, doctor of dental surgery, or doctor of dental medicine, as appropriate, by a person licensed to practice dentistry under the State Dental Act;
        4. The letters "M.D." or the words surgeon, medical doctor, or doctor of medicine by a person licensed to practice medicine and surgery under the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act;
        5. The letters "O.D." or the words optometrist or doctor of optometry by a person licensed to practice optometry under Sections 581 through 606 of this title;
        6. The letters “D.O.” or the words surgeon, osteopathic surgeon, osteopath, doctor of osteopathy, or doctor of osteopathic medicine by a person licensed to practice osteopathy under the Oklahoma Osteopathic Medicine Act;
        7. The letters “Ph.D.”, “Ed.D.” or “Psy.D.” or the words psychologist, therapist, or counselor by a person licensed as a health service psychologist pursuant to the Psychologists Licensing Act;
        8. The letters “Ph.D.”, “Ed.D.” or other letters representing a doctoral degree or the words language pathologist, speech pathologist, or speech or language pathologist by a person licensed as a speech and language pathologist pursuant to the Speech-Language Pathology and Audiology Licensing Act and who has earned a doctoral degree from a regionally accredited institution of higher learning in the field of speech and language pathology; and
        9. The letters “Ph.D.”, “Ed.D.” or other letters representing a doctoral degree or the word audiologist by a person licensed as an audiologist pursuant to the Speech-Language Pathology and Audiology Licensing Act and who has earned a doctoral degree from a regionally accredited institution of higher learning in the field of audiology.
     B.Unless otherwise specifically provided in a particular section or chapter of the Oklahoma Statutes, the word "doctor" or "doctors” shall mean and include each of the nine classes of persons listed in subsection A and the word “physician” or “physicians”, as provided in subsection C of this section. Any other person using the term doctor, or any abbreviation thereof, shall designate the authority under which the title is used or the college or honorary degree that gives rise to use of the title..
     C.Unless otherwise specifically provided in a particular section or chapter of the Oklahoma Statutes, the word “physician” or “physicians” shall mean and include each of the classes of persons listed in paragraphs 1 through 6 of subsection A and the word “doctor” or “doctors” as provided in subsection B of this section. The term “physician” shall not include any person specified in paragraphs 7 through 9 of subsection A of this section unless such person is otherwise authorized to use such designation pursuant to this section.
     D.For purposes of this section, "provider" means and includes:
     1. Each of the nine classes of persons listed in subsection A of this section and referred to in subsections B and C of this section; and
     2. Any other person using the term doctor or any abbreviation thereof.
     E. Persons in each of the nine classes listed in subsection A, and referred to in subsections B and C, of this section shall identify through written notice, which may include the wearing of a name tag, the type of license under which the doctor is practicing, utilizing the designations provided in subsections A, B and C of this section. Each applicable licensing board is authorized by rule to determine how its license holders may comply with this disclosure requirement.
     F.1. Any advertisement for healthcare services naming a provider shall:
     a. identify the type of license of the doctor utilizing the letters or words set forth in this section if the person is one of the classes of persons listed in subsection A of this section, and referred to in subsections B and C of this section, or
     b. utilize appropriate, accepted, and easily understood words or letters, which clearly show and indicate the branch of the healing art in which the person is licensed to practice and is engaged in, if the person is not one of the nine classes of persons listed in subsection A of this section, or referred to in subsections B and C of this section.
     2. The term “advertisement” includes any printed document including letterhead, video clip, or audio clip created by, for, or at the direction of the provider or providers and advertised for the purpose of promoting the services of the doctor or provider.
     G.1. It shall be unlawful for any medical doctor, doctor of osteopathic medicine, doctor of dental surgery, doctor of dental medicine, doctor of optometry, doctor of podiatry, or doctor of chiropractic to make any deceptive or misleading statement, or engage in any deceptive or misleading act, that deceives or misleads the public or a prospective or current patient, regarding the training and the license under which the person is authorized to practice.
     2. The term “deceptive or misleading statement or act” includes, but is not limited to:
     a. such statement or act in any advertising medium,
     b. making a false statement regarding the education, skills, training, or licensure of a person, or
     c. in any other way describing the profession, skills, training, expertise, education, or licensure of a person in a fashion that causes the public, a potential patient, or current patient to believe that the person is a medical doctor, doctor of osteopathic medicine, doctor of dental surgery, doctor of dental medicine, doctor of optometry, doctor of podiatry, or doctor of chiropractic when that person does not hold such credentials.
     H. Notwithstanding, any other provision of this section, a person licensed in this state to perform speech pathology or audiology services is designated to be a practitioner of the healing art for purposes of making a referral for speech pathology or audiology services pursuant to the provisions of the Individuals with Disabilities Education Act, Amendment of 1997, Public Law 105-17, and Section 504 of the Rehabilitation Act of 1973.

Section 725.3 Violations of Provisions
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     A.1. Any licensed health care provider found by the appropriate licensing board or state agency to be in violation of the provisions of subsection E of Section 725.2 of this title shall be punished by an administrative penalty of not than less than Twenty-five Dollars ($25.00) nor more than One Thousand Dollars ($1,000.00) to be administered and collected by the appropriate licensing board or state agency.
     2. Any person who is not a licensed health care provider and found by the appropriate licensing board or state agency to be in violation of the provisions of subsection E of Section 725.2 of this title, shall be punished by an administrative penalty of not less than Twenty-five Dollars ($25.00) nor more than One Thousand Dollars ($1,000.00) to be administered and collected by the appropriate licensing board or state agency. Each day this act is violated shall constitute a separate offense and shall be punishable as such.
     B.1. Any licensed health care provider found by the appropriate licensing board or state agency to be in violation of the provisions of this act, other than subsection E of Section 725.2 of this title, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000) to be administered and collected by the appropriate licensing board or state agency.
     2. Any person who is not a licensed health care provider and found by the appropriate licensing board or state agency to be in violation of the provisions of this act, other than subsection E of Section 725.2 of this title, shall be punished by an administrative penalty of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000) to be administered and collected by the appropriate licensing board or state agency.
     3. Each day this act is violated shall constitute a separate offense and shall be punishable as such.
     C. A case shall be referred to the Attorney General for investigation and prosecution if a licensing board or state agency makes a finding of gross or repeated violations of this act by a licensed health care provider or an unlicensed health care provider.

Section 725.4 Written Disclosure of Financial Interest of Professional or Provider-Penalties for Violations
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     A. Any health or mental health care professional or provider who refers patients or clients to a testing center or laboratory shall provide written disclosure to such patient or client or the guardian of such patient or client of any financial interest of the professional or provider in the center or laboratory or any remuneration received by the professional or provider for referrals to the center or laboratory. Provided, however, that disclosure shall not be required where:
          1. The testing center or laboratory is an extension of or ancillary to the health or mental health care professional’s or health care provider’s practice;
          2. The testing center or laboratory is not a separate business entity and is not billed as a separate entity; and
          3. The health or mental health care professional or health care provider provides for and supervises these services at the facility.
     B. Any person who has been determined to be in violation of subsection A of this section by the State Board of Health, after notice and a hearing by the board shall be subject of a fine of not less than One Hundred Dollars ($100.00) or more than One Thousand Dollars ($1,000.00).
     C. In addition to any other penalties or remedies provided by law:
          1. A violation of this section by a health or a mental health care professional or health care provider shall be grounds for disciplinary action by the state agency licensing, certifying or registering such professional or provider; and
          2. A state agency licensing, certifying or registering such professional or provider may institute an action to enjoin 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.

Section 725.5 Civil Liability-Medical Care on Voluntary Basis at Free Medical Clinic or Educational Sporting Event
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     A health care provider authorized to use the designation “Doctor”, or an abbreviation thereof pursuant to the provisions of Section 725.2 of Title 59 of the Oklahoma Statutes, who renders medical care on a voluntary basis at a free medical clinic or an educational sporting event is not liable for any civil damages, other than for injuries resulting in death, caused by acts or omissions of the health care provider while rendering such medical care unless it is plainly alleged in the complaint and later proven that the acts or omissions of the health care provider constituted gross negligence or willful or wanton wrongs during the rendering of such medical care.