The Oklahoma Health
Freedom Act
THE PEOPLE OF THE STATE
OF OKLAHOMA DO INSTRUCT
THE LEGISLATURE TO ENACT
AS FOLLOWS:
An act
to specify by statute, the inherent right of the public
to receive natural healing arts services from freely
practicing persons by adding a new section of law to be
codified in the Oklahoma Statutes as section 3021 of
Title 59, unless there is created a duplication in
numbering,
SECTION 1: The Legislature hereby finds and declares
the following:
(a) Based upon historic precedent unique to
Oklahoma history, and in recognition of extensive
research data including that conducted by the Minnesota
Department of Health in a report to the Minnesota
Legislature, a comprehensive report by the National
Institute of Health, a study by the New England Journal
of Medicine, and others,
it is evident that full public access to a wide variety
of unlicensed natural healing arts practitioners remains
beneficial to all citizens of any age, ethnicity,
religious belief, socioeconomic and other demographic
categories.
(b) The Legislature finds that the freely accessed
and practiced natural healing arts, which have been
available uninterrupted since before Oklahoma statehood,
are not harmful to the public's health and safety.
These natural healing arts include, but are not limited
to: Native American healing, naturopathy, massage
therapy, homeopathy, herbology, nutrition, iridology,
and the oriental healing arts.
(c) The Legislature finds that the training of
many such practitioners has been successfully regulated
under the Oklahoma Board of Private Vocational Schools
as a vocation or through self-regulated education and
such training has shown beneficial to Oklahoma’s economy
by providing training for skilled jobs and growth of
small businesses.
(d) The Legislature intends, by its enactment of
this Act, to allow and to protect by the State of
Oklahoma, unfettered public access to all natural
healing arts practitioners and services and to protect
the right to practice and provide services according to
this act.
(d)(1) Notwithstanding any other previously
established law, rule or regulation an individual who
does not hold a license, permit, certification, or
registration as a health care
professional issued by the state of Oklahoma, is not in
violation of any law or rule, if that individual or agent provides care or
treatment in compliance with this section and, does not
falsely represent himself or herself as a licensed
practitioner of medicine as described in Title 59 or use
any title or degree appertaining to the practice
thereof.
(d)(2) A person is
considered in compliance with this section for the care
or treatment of individuals if they do not:
(a) perform surgery or
any other procedure that harmfully puncture the
skin (excluding acupuncture and finger prick
screening purposes);
(b) set fractures;
(c)
prescribe or administer X ray radiation;
(d) prescribe or
administer a prescription drug, a prescription device,
or a controlled substance;
(e)
diagnose and/or treat a mental or physical
condition and as a direct result of that
service knowingly and willfully cause significant and
discernable physical or mental injury; and
(f) state, advertise,
or otherwise falsely represent to any individual that the
person is licensed, certified, or registered to
practice as a practitioner of medicine restricted
under Title 59 in
the State of Oklahoma.
(d)(3) An individual caring
for or treating according to this Section shall, prior
to providing the services, disclose to
the consumer of these services in a plainly worded written statement:
(a) the individual's
name, business address, and telephone number;
(b) whether or not the
individual is a health care practitioner licensed by the
State of Oklahoma;
(c) the nature of the health care services to
be provided;
(d) the degrees,
training, experience, credentials, or other
qualifications, if any, of the individual
regarding the care or treatments to be provided.
(d)(4) Before the individual
provides care or treatment for the first time, the
provider of services must obtain a signed
acknowledgment stating that the individual has agreed to
said services or treatments and has been
provided with the information required under Subsection(d)(3) (a-d).
(a) A person who violates Section (d) (2) of this act
is no longer exempt from current laws regarding the
unlicensed practice of a health care profession and may
be subject to the penalties specified in the relevant
practice acts. However, before enforcement
proceedings begin regarding Section (d) (3) on
disclosure compliance, a notification of education of
this act shall be utilized by the State or any State
regulatory board and a mediation approach must be
utilized by the State to bring the unlicensed
practitioner into compliance with this section.
(b) This act shall become effective ________________
End
of the full text of the Oklahoma Health Freedom Act
Last Updated
December 14, 2006
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