Oklahoma § 59-491 - Practicing without a license - Penalties

§ 59-491. Practicing without a license - Penalties

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, the Oklahoma Osteopathic Medicine

Act, or the Oklahoma Interventional Pain Management and Treatment

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 or the Oklahoma

Osteopathic Medicine Act.

2. Any person practicing in such manner within this state, who

is not in the legal possession of a license or certificate, shall,

upon conviction, be guilty of a Class D1 felony offense, 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 as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or by both such fine and

imprisonment.

3. Each day a person is in violation of any provision of this

subsection 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 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, the Oklahoma Osteopathic Medicine Act, or the

Oklahoma Interventional Pain Management and Treatment 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 If a license has been revoked or suspended pursuant to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

Oklahoma Statutes - Title 59. Professions and Occupations

Supervision Act or the Oklahoma Osteopathic Medicine Act whether for

disciplinary reasons or for failure to renew the 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. The Board may impose administrative penalties against any

person who violates any of the provisions of the Oklahoma

Interventional Pain Management and Treatment Act or any rule

promulgated pursuant thereto. The Board is authorized to initiate

disciplinary and injunctive proceedings against any person who has

violated any of the provisions of the Oklahoma Interventional Pain

Management and Treatment Act or any rule of the Board promulgated

pursuant thereto. The Board is authorized in the name of the state

to apply for relief by injunction in the established manner provided

in cases of civil procedure, without bond, to enforce the provisions

of the Oklahoma Interventional Pain Management and Treatment Act, or

to restrain any violation thereof. The members of the Board shall

not be personally liable for proceeding under this section.

3. Fines assessed shall be in addition to any criminal penalty

provided pursuant to subsection A of this section.

Added by Laws 1923, c. 59, p. 104, § 11, emerg. eff. March 31, 1923.

Amended by Laws 1994, c. 323, § 10, eff. July 1, 1994; Laws 2001, c.

115, § 1, emerg. eff. April 18, 2001; Laws 2004, c. 523, § 3, emerg.

eff. June 9, 2004; Laws 2008, c. 358, § 2, eff. Nov. 1, 2008; Laws

2010, c. 67, § 2, emerg. eff. April 9, 2010; Laws 2016, c. 229, § 1,

eff. July 1, 2016; Laws 2025, c. 486, § 535, eff. Jan. 1, 2026.