Oklahoma § 18-803 - Definitions

§ 18-803. Definitions

A. As used in the Professional Entity Act, unless the context

clearly indicates that a different meaning is intended:

1. “Associated act” means the Oklahoma General Corporation Act,

in the case of a corporation; the Uniform Limited Partnership Act of

2010, in the case of a limited partnership; or the Oklahoma Limited

Liability Company Act, in the case of a limited liability company;

2. “Interest” means a share of stock in a corporation, a

partnership interest in a limited partnership or a membership

interest in a limited liability company;

3. “Owner” means a shareholder in the case of a corporation, a

general or limited partner in the case of a limited partnership or a

member in the case of a limited liability company;

4. “Manager” means a director or officer in the case of a

corporation, a general partner in the case of a limited partnership

or a manager in the case of a limited liability company;

5. “Professional entity” means a domestic or qualified foreign

corporation, limited partnership or limited liability company formed

for the purpose of rendering professional service or formed for the

purpose of owning a professional entity rendering professional

service;

6. “Professional service” means the personal service rendered

by:

a.

a physician, surgeon or doctor of medicine pursuant to

a license under Sections 481 through 524 of Title 59

of the Oklahoma Statutes, and any subsequent laws

regulating the practice of medicine,

b.

an osteopathic physician or surgeon pursuant to a

license under Sections 620 through 645 of Title 59 of

the Oklahoma Statutes, and any subsequent laws

regulating the practice of osteopathy,

c.

a chiropractic physician pursuant to a license under

Sections 161.1 through 161.20 of Title 59 of the

Oklahoma Statutes, and any subsequent laws regulating

the practice of chiropractic,

d.

a podiatric physician pursuant to a license under

Sections 135.1 through 160.2 of Title 59 of the

Oklahoma Statutes, and any subsequent laws regulating

the practice of podiatric medicine,

e.

an optometrist pursuant to a license under Sections

581 through 606 of Title 59 of the Oklahoma Statutes,

Oklahoma Statutes - Title 18. Corporations

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and any subsequent laws regulating the practice of

optometry,

a veterinarian pursuant to a license under Sections

698.1 through 698.30b of Title 59 of the Oklahoma

Statutes, and any subsequent laws regulating the

practice of veterinary medicine,

an architect pursuant to a license under Sections 46.1

through 46.41 of Title 59 of the Oklahoma Statutes,

and any subsequent laws regulating the practice of

architecture,

an attorney pursuant to his or her authority to

practice law granted by the Supreme Court of this

state,

a dentist pursuant to a license under Sections 328.1

through 328.53 of Title 59 of the Oklahoma Statutes,

and any subsequent laws regulating the practice of

dentistry,

a certified public accountant or a public accountant

pursuant to his or her authority to practice

accounting under Sections 15.1 through 15.38 of Title

59 of the Oklahoma Statutes, and any subsequent laws

regulating the practice of public accountancy,

a psychologist pursuant to a license under Sections

1351 through 1376 of Title 59 of the Oklahoma

Statutes, and any subsequent laws regulating the

practice of psychology,

a physical therapist pursuant to a license under

Sections 887.1 through 887.18 of Title 59 of the

Oklahoma Statutes, and any subsequent laws regulating

the practice of physical therapy,

a registered nurse pursuant to a license under

Sections 567.1 through 567.19 of Title 59 of the

Oklahoma Statutes, and any other subsequent laws

regulating the practice of nursing,

a professional engineer pursuant to a license under

Sections 475.1 through 475.22a of Title 59 of the

Oklahoma Statutes, and any subsequent laws relating to

the practice of engineering,

a land surveyor pursuant to a license under Sections

475.1 through 475.22a of Title 59 of the Oklahoma

Statutes, and any subsequent laws relating to the

practice of land surveying,

an occupational therapist pursuant to Sections 888.1

through 888.15 of Title 59 of the Oklahoma Statutes

and any subsequent law regulating the practice of

occupational therapy,

Oklahoma Statutes - Title 18. Corporations

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a speech pathologist or speech therapist pursuant to

Sections 1601 through 1622 of Title 59 of the Oklahoma

Statutes, and any subsequent law regulating the

practice of speech pathology,

an audiologist pursuant to Sections 1601 through 1622

of Title 59 of the Oklahoma Statutes, and any

subsequent law regulating the practice of audiology,

a registered pharmacist pursuant to Sections 353

through 360 of Title 59 of the Oklahoma Statutes, and

any subsequent law regulating the practice of

pharmacy,

a licensed perfusionist pursuant to Sections 2051

through 2071 of Title 59 of the Oklahoma Statutes, and

any subsequent laws regulating the practice of

perfusionists,

a licensed professional counselor pursuant to Sections

1901 through 1920 of Title 59 of the Oklahoma

Statutes, and any subsequent law regulating the

practice of professional counseling,

a licensed marital and family therapist pursuant to

Sections 1925.1 through 1925.18 of Title 59 of the

Oklahoma Statutes, and any subsequent law regulating

the practice of marital and family therapy,

a dietitian licensed pursuant to Sections 1721 through

1739 of Title 59 of the Oklahoma Statutes and any

subsequent laws regulating the practice of dietitians,

a social worker licensed pursuant to Sections 1250

through 1273 of Title 59 of the Oklahoma Statutes, and

any subsequent laws regulating the practice of social

work,

a licensed alcohol and drug counselor pursuant to

Sections 1870 through 1885 of Title 59 of the Oklahoma

Statutes, and any subsequent laws regulating the

practice of alcohol and drug counseling,

a licensed behavioral practitioner pursuant to

Sections 1930 through 1949.1 of Title 59 of the

Oklahoma Statutes, and any subsequent laws regulating

the practice of behavioral health services, or

a certified real estate appraiser licensed pursuant to

Sections 858-700 through 858-732 of Title 59 of the

Oklahoma Statutes or listed on the National Registry

of Appraisers by the Appraisal Subcommittee in

compliance with Title XI of the Financial Institutions

Reform, Recovery, and Enforcement Act (FIRREA) of

1989, and any subsequent laws regulating the practice

of real estate appraisal;

Oklahoma Statutes - Title 18. Corporations

7. “Related professional services” means those services which

are combined for professional entity purposes as follows:

a.

any combination of the following professionals:

(1) a physician, surgeon or doctor of medicine

pursuant to a license under Sections 481 through

524 of Title 59 of the Oklahoma Statutes, and any

subsequent laws regulating the practice of

medicine,

(2) an osteopathic physician or surgeon pursuant to a

license under Sections 620 through 645 of Title

59 of the Oklahoma Statutes, and any subsequent

laws relating to the practice of osteopathy,

(3) a dentist pursuant to a license under Sections

328.1 through 328.53 of Title 59 of the Oklahoma

Statutes, and any subsequent laws regulating the

practice of dentistry,

(4) a chiropractic physician pursuant to a license

under Sections 161.1 through 161.20 of Title 59

of the Oklahoma Statutes, and any subsequent laws

regulating the practice of chiropractic,

(5) a psychologist pursuant to a license under

Sections 1351 through 1376 of Title 59 of the

Oklahoma Statutes, and any subsequent laws

regulating the practice of psychology,

(6) an optometrist pursuant to a license under

Sections 581 through 606 of Title 59 of the

Oklahoma Statutes, and any subsequent laws

regulating the practice of optometry,

(7) a podiatric physician pursuant to a license under

Sections 135.1 through 160.2 of Title 59 of the

Oklahoma Statutes, and any subsequent laws

regulating the practice of podiatric medicine,

(8) a dietitian licensed pursuant to Sections 1721

through 1739 of Title 59 of the Oklahoma Statutes

and subsequent laws regulating the practice of

dietitians, or

(9) an occupational therapist pursuant to Sections

888.1 through 888.15 of Title 59 of the Oklahoma

Statutes and any subsequent law regulating the

practice of occupational therapy, or

b.

any combination of the following professions:

(1) an architect pursuant to a license under Sections

46.1 through 46.41 of Title 59 of the Oklahoma

Statutes, and any subsequent laws regulating the

practice of architecture,

(2) a professional engineer pursuant to a license

under Sections 475.1 through 475.22a of Title 59

Oklahoma Statutes - Title 18. Corporations

of the Oklahoma Statutes, and any subsequent laws

relating to the practice of engineering, or

(3) a land surveyor pursuant to a license under

Sections 475.1 through 475.22a of Title 59 of the

Oklahoma Statutes, and any subsequent laws

relating to the practice of land surveying;

8. “Regulating board” means the board which is charged with the

licensing and regulation of the practice of the profession which the

professional entity is organized to render;

9. “Individual”, “incorporator” and “shareholder” each include

the trustee of an express trust created by a person duly licensed or

otherwise permitted to render a professional service who has the

right to revoke the trust and who is serving as the trustee of the

trust. Any certificate required by the Professional Entity Act to

be issued to an individual incorporator or shareholder may be issued

to the grantor on behalf of a trust. All references in the

Professional Entity Act to death and incapacity of a shareholder

shall include the death and incapacity of the grantor of a trust

which own stock in a professional corporation;

10. “Incapacity” of a shareholder means a determination by a

court of competent jurisdiction, or otherwise by two independent

licensed physicians, that the shareholder is fully incapacitated or

is partially incapacitated to the extent that the shareholder is not

capable of rendering the professional service for which the

professional corporation was organized; and

11. “Other personal representative” includes the successor

trustee of an express trust owning stock in a professional

corporation, which trust was created by a person duly licensed or

otherwise permitted to render the professional service for which the

professional corporation was organized who has the right to revoke

the trust and who is the original trustee of the trust.

B. The definitions of the applicable associated act shall apply

to the Professional Entity Act, unless the context clearly indicates

that a different meaning is intended.

Added by Laws 1961, p. 204, § 3, emerg. eff. July 26, 1961. Amended

by Laws 1963, c. 342, § 1, emerg. eff. June 24, 1963; Laws 1970, c.

95, § 1, emerg. eff. March 30, 1970; Laws 1971, c. 164, § 1, emerg.

eff. May 25, 1971; Laws 1976, c. 27, § 1; Laws 1981, c. 312, § 1,

eff. Oct. 1, 1981; Laws 1983, c. 4, § 1, eff. Nov. 1, 1983; Laws

1986, c. 292, § 147, eff. Nov. 1, 1986; Laws 1990, c. 328, § 1, eff.

Sept. 1, 1990; Laws 1993, c. 345, § 1, eff. Sept. 1, 1993; Laws

1994, c. 216, § 1, emerg. eff. May 20, 1994; Laws 1995, c. 339, § 2,

eff. Nov. 1, 1995; Laws 1996, c. 226, § 22, eff. July 1, 1996; Laws

1998, c. 25, § 1, eff. Nov. 1, 1998; Laws 2001, c. 307, § 1, eff.

Nov. 1, 2001; Laws 2003, c. 151, § 1, eff. Nov. 1, 2003; Laws 2008,

c. 109, § 1, eff. Nov. 1, 2008; Laws 2012, c. 42, § 1, eff. Nov. 1,

Oklahoma Statutes - Title 18. Corporations

2012; Laws 2019, c. 222, § 1, eff. Nov. 1, 2019; Laws 2024, c. 120,

§ 1, eff. Nov. 1, 2024.