§ 2-303. Medical battery.
A. 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, the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, or the Oklahoma Osteopathic Medicine Act or corresponding Osage Nation licensing acts;
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, the Osteopathic Medicine Act or corresponding Osage Nation licensing act resulted in the victim having permanent physical injury or disfigurement; or
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 the defendant willfully performed the act knowing that such act was prohibited pursuant to law.
B. Any person that commits medical battery is guilty of committing the criminal offense of medical battery.
C. Any person convicted of committing the criminal offense of medical battery shall be guilty of a crime punishable by imprisonment in the Tribal Jail for a term of not more than one year, and by a fine in an amount not more than One Thousand Dollars ($1,000.00). In addition, the defendant shall be ordered to make restitution to any victim(s) in an amount as determined by the court. ONCA 22-33, eff. Apr. 25, 2022.