or other entity - Penalties - Construction of act - Exceptions. A. 1. Any person who intentionally or knowingly pays to or accepts anything of value from any person, firm, association of persons, partnership or corporation for securing or soliciting patients for any health care professional, health care provider, or other entity providing health care services in this state, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine of not less than Five Hundred Dollars ($500.00) and not more than Two Thousand Dollars ($2,000.00). 2. In addition to any other penalties or remedies provided by law: a. a violation of this section by a 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 b. the state agency licensing, certifying, or registering such professional or provider may institute an action to enjoin violation or potential violation of this section. B. This section shall not be construed to prohibit: 1. Advertising, except that advertising which: a. is false, misleading or deceptive, b. advertises professional superiority or the performance of a professional service in a superior manner, and c. is not readily subject to verification; 2. Remuneration for advertising, marketing, or other services that are provided for the purpose of securing or soliciting patients, provided the remuneration is: a. set in advance, b. consistent with the fair market value of the services, and c. not based on the volume or value of any patient referrals or business otherwise generated between the parties; and 3. Any payment, business arrangements, or payments practice not prohibited by 42 U.S.C., Section 1320a-7b(b), or any regulations promulgated pursuant thereto. C. This section shall not apply to licensed insurers, including but not limited to, group hospital service corporations or health maintenance organizations which reimburse, provide, offer to provide, or administer hospital, medical, dental, or other health- related benefits under a health benefits plan for which it is the payor when it is providing those services under a health benefits plan, or referral agency as defined in paragraph 4 of Section 1 of this act. D. For purposes of this section: 1. "Health care professional" means any person who offers or provides counseling or health or mental health care under a license, certification or registration issued pursuant to Title 59 of the Oklahoma Statutes; and 2. "Health care provider" means any hospital or related institution offering or providing health care services licensed pursuant to Section 1-702 of this title. Added by Laws 1993, c. 165, § 3, eff. Sept. 1, 1993. Amended by Laws 1998, c. 344, § 2, eff. Nov. 1, 1998; Laws 2024, c. 58, § 7, eff. Nov. 1, 2024. NOTE: The conditional repeal of this section by Laws 2021, c. 308, § 2, was itself repealed by Laws 2022, c. 133, § 2, emerg. eff. April 29, 2022.
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