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§ 650.11. Medical battery--Penalties--Definition

Oklahoma Statutes AnnotatedTitle 21. Crimes and Punishments

Oklahoma Statutes Annotated
Title 21. Crimes and Punishments
Part III. Crimes Against the Person
Chapter 20. Assault and Battery
21 Okl.St.Ann. § 650.11
§ 650.11. Medical battery--Penalties--Definition
A. Medical battery is a felony, upon conviction, punishable by imprisonment in the county jail for a term of not more than one (1) year, or imprisonment in the custody of the Department of Corrections for a term of not more than four (4) years, and a fine in an amount not more than Five Thousand Dollars ($5,000.00). In addition, the defendant shall be ordered to make restitution to the victim in an amount as determined by the court.
B. For purposes of this section, “medical battery” means:
1. The defendant has been found guilty of practicing dentistry, medicine, osteopathic medicine, or surgery, without a license or authority as prohibited by the provisions of the State Dental Act,1 the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act,2 or the Oklahoma Osteopathic Medicine Act;3
2. The treatment, or course of treatment, practiced in violation of the provisions of the State Dental Act, the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, or the Osteopathic Medicine Act resulted in the victim having permanent physical injury or disfigurement;
3. The victim consented to such treatment, or course of treatment, under a belief that the defendant was licensed and authorized to diagnose and perform the treatment; and
4. The defendant willfully performed the act knowing that such act was prohibited pursuant to law.

Credits

Laws 2008, c. 358, § 6, eff. Nov. 1, 2008.

Footnotes

Title 59, § 328.1 et seq.
Title 59, § 480 et seq.
Title 59, § 620 et seq.
21 Okl. St. Ann. § 650.11, OK ST T. 21 § 650.11
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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