PTS Healthcare, Inc. v. Mid-Century Insurance Co.

RAPP, C.J.,

dissenting:

4[ 1 I dissent.

2 Title 59 0.8.2001, § 725.2 concerns who is permitted to use the term "doctor" when performing the healing arts. The statute is clearly a provision for protection of the public and has no application to persons with doctoral degrees in other professions. Thus, I would not extend Section 725.2 to limit the class of those who can claim a lien under 42 ©.9.2001, § 46.

1 3 Moreover, the Majority's narrow definition of "physicians" overlooks historical applications of the lien statute. As the Majority observes, PTS was previously allowed to assert a Section 46 lien without challenge in an uninsured motorist insurance matter. Richard v. OU Physicians, 2005 OK CIV APP 108, 127 P.3d 618. Likewise, a clinic's assertion of a Section 46 lien was not challenged on the basis of the clinic's lack of status as a "physician" in Broadway Clinic v. Liberty Mut. Ins. Co., 2006 OK 29, 139 P.3d 873. The logical result of applying Section 725.2 to *928the Broadway Clinic would necessarily fore-cloge the Clinic from using the Section 46 lien statute. In other words, only an individual, and no other entity, could qualify for a Seetion 46 lien under the Majority's interpretation.

I4 Section 46 is to be liberally construed. A strict construction confining its applicability only to "physicians" would eliminate much of the medical services now necessary to assist the physician in the diagnosis, treatment, and care of the person treated.

15 A physician's medical services include the various diagnostic services, lab tests, x-rays, scans, and other related services, necessary to diagnose the medical problem and treat the patient. Such services are often provided by outside providers, who operate and are independent of the individual referring or requesting physician. The physical therapist here can only perform treatment under the advice and direction of the physician and, as such, is providing and performing a medical service at the direction or request of the physician for the treatment and care of the patient who presented to the physician for medical services.

T6 Thus, I would hold that, when a medical service is provided under the direction or request of a physician, the medical service provider may assert a physician's lien under Section 46.