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OPTOMETRY LAWS OF OKLAHOMA
59 O.S. 731

UNLAWFUL PRACTICE OF HEALING ARTS

Section 731.1 Definitions.
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      As used in Sections 731.1 through 731.7 of this title:
      1. "Person" means any individual, or association of individuals or group of individuals;
      2. “Human ill” or “human illness” means any human disease, ailment, deformity, injury or unhealthy or abnormal physical and/or mental condition of any nature.
      3. “Diagnosis” means the use professionally of any means for the discovery or determination of any human ill as herein defined, or the cause of any such human ill; and
      4. “Treatment” means the use of drugs, surgery, including appliances, manual or mechanical means, or any other means of any nature whatsoever, for the cure, relief, palliation, adjustment or correction of any human ill as defined herein.

Section 731.2 Use of Word “Doctor” or “Dr.”
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      A. Proof that any class of persons identified in Section 725.2 of this title appends to his name the word "Doctor,” the abbreviation "Dr.” or any other word, abbreviation or designation, which word, abbreviation or designation, indicates that such person is qualified for diagnosis or treatment, as herein defined, shall constitute prima facie evidence that such person is holding himself or herself out, within the meaning of this act, as qualified to engage in such diagnosis or treatment.
      B. Nothing in this section shall be construed to prevent a person specified in paragraphs 7 through 9 of subsection A of Section 725.2 of this title from appending to such person’s name the word "Doctor", so long as such person follows such name and designation with the letters signifying the recognized doctoral degrees specified in paragraphs 7 through 9 of subsection A of Section 725.2 of this title.

Section 731.3 License or Certificate.
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      Except as authorized by the provisions of Sections 492 and 731.5 of this title and Section 5 of this act, no person shall in any manner engage in, offer to engage in, or hold himself out as qualified to engage in the diagnosis and/or treatment of any human ill unless such person is the holder of a legal and unrevoked license or certificate issued under the laws of Oklahoma authorizing such person to practice the healing art covered by such license, and is practicing thereunder in the manner and subject to the limitations provided by the laws of the State of Oklahoma for the issuance of such license or certificate for the practice thereunder.

Section 731.4 Violations of Act.
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      Any person who shall violate the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Fifty Dollars ($50.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not less than five (5) days, nor more than thirty (30) days, or by both such fine and imprisonment. Each day upon which this Act shall be violated shall constitute a separate offense and be punishable as such.

Section 731.5 Application of Law.
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      Nothing in this act shall apply to:
      1. Any commissioned officer in any of the healing arts licensed as such in the United States Army, Navy, Marine, Public Health Service, or Marine Hospital Service, in the professional duties of such officer;
      2. Any legally qualified person when engaged exclusively in the practice of the particular profession of such person, as defined by law;
      3. Any licensed person practicing any of the healing arts from another state or territory, when in actual consultation with a licensed practitioner in this state;
      4. Any physician’s trained assistant who is assisting a licensed physician to render services within the licensed scope of practice of the physician, if the assistant is under the supervision and control of the physician;
      5. Any student in any recognized school of the healing arts in carrying out prescribed courses of study provided such school is a recognized institution by the statutes of Oklahoma, and its practitioners are duly licensed as prescribed by law;
      6. The practice of those who endeavor to prevent, or cure, disease or suffering, by spiritual means or prayer, or
      7. Any legally qualified person specified in paragraphs 7 through 9 of subsection A of Section 725.2 of this title in the discharge of the professional duties of the person, so long as such person is employed by any state or governmental agency, or any recognized college or university.

Section 736.2 Injunction - County Attorney - Attorney General.
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      Provided that any violation hereof shall be enjoined by any court having jurisdiction of the parties on the application or petition of the county attorney of the county in which the violation occurred, and upon his refusal by the Attorney General.

Section 738.1 Injunctions - Granted to Boards.
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      Injunctions, without bond, may be granted by district courts to the Board of Podiatric Medical Examiners, the Board of Chiropractic Examiner, the State Board of Medical Licensure and Supervision, the Board of Examiners in Optometry, the Board of Pharmacy, or the State Board of Osteopathic Examiners, for the purpose of enforcing the respective acts and laws creating and establishing such boards.

Section 738.2 Permission From Board to Institute - When.
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      None of the Boards referred to in Section 1 of this Act shall be permitted to institute an action to enjoin any person who holds a valid license regularly issued by any other of the above-named Boards without first obtaining the written consent of said other Boards to file such injunction proceedings. The terms and provisions of the respective acts and laws creating and establishing the Boards above referred to are set forth in Title 59, Oklahoma Statutes 1951, as Chapter 4,5,7,8,11,13 and 14. Provided, that in the event any of the above-named Boards as to an injunction action, or the proper district attorney as to a criminal action, fails or refuses to file such an action to enforce the respective acts and laws applicable to any such Board within ninety (90) days after the complaint of violation thereof is made thereto, it shall be the duty of the Attorney General of the State of Oklahoma, if such a sworn complaint is made thereto, to file and prosecute an appropriate injunction or criminal action to enforce said act or law, that is, if he finds there is sufficient competent evidence to support such action.

Section 738.3 Attorneys, Employment of.
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      Each of the Boards referred to in Section 1 of this act shall have the authority to employ attorneys to advise and assist such Boards in the performance of its official duties and functions and in carrying out the provisions of this act; provided, that the compensation of such attorney shall be paid from the fund, or moneys from which other expenses of the Board are paid, and shall not be a charge against the State of Oklahoma.

Section 738.4 County Attorney - Act not to Abrogate Right.
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      Nothing in this act shall abrogate the right of any district attorney in this state to institute an action to enjoin or prosecute for violations any of the laws of this state relating to the practice of healing arts.

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