Oklahoma § 59-725.4 - Referral of patients or clients to testing center or

§ 59-725.4. Referral of patients or clients to testing center or

laboratory - Disclosure of financial interest or remuneration Disciplinary actions - Injunctions.

A. Any health or mental health care professional or health care

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 the 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 to 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 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.

Added by Laws 1992, c. 356, § 3, emerg. eff. June 4, 1992. Amended

by Laws 1993, c. 165, § 2, eff. Sept. 1, 1993.