Oklahoma Statutes
Title 42. Liens
§42-46. Physician's lien.

A. Every physician who performs medical services or any other professional person who engages in the healing arts, within their scope of practice pursuant to Title 59 of the Oklahoma Statutes for any person injured as a result of the negligence or act of another, shall, if the injured person asserts or maintains a claim against such other person for damages on account of such injuries, have a lien for the amount due for such medical or healing arts services upon that part going or belonging to the injured person of any recovery or sum had or collected or to be collected by the injured person, or by the heirs, personal representative, or next of kin of the injured person in the event of his death, whether by judgment, settlement, or compromise. Such lien shall be inferior to any lien or claim of any attorney handling the claim for or on behalf of the injured person. The lien shall not be applied or considered valid against any claim for amounts due pursuant to the provisions of Title 85A of the Oklahoma Statutes.

B. In addition to the lien provided for in subsection A of this section, every physician or professional person licensed under Title 59 of the Oklahoma Statutes who performs medical or healing arts within their scope of practice for any person injured as a result of the negligence or act of another, shall have, if the injured person asserts or maintains a claim against an insurer, a lien for the amount due for such medical or healing arts services upon any monies payable by the insurer to the injured person.
C. No lien which is provided for in this section shall be effective unless, before the payment of any monies to the injured person, the attorney for the injured person, or legal representative as compensation for such injuries or death:
1. A written notice is sent setting forth a statement of the amount claimed, identifying the insurance policy or policies against which the lien is asserted, if any, and containing the name and address of the physician or professional person licensed under Title 59 of the Oklahoma Statutes claiming the lien, the injured person, and the person, firm, or corporation against whom the claim is made, is filed on the mechanic's and materialman's lien docket in the office of the county clerk of the county where the principal office of the physician or professional person licensed under Title 59 of the Oklahoma Statutes is located; and
2. The physician or professional person licensed under Title 59 of the Oklahoma Statutes sends, by registered or certified mail, postage prepaid, a copy of such notice with a statement of the date of filing thereof to the person, firm, or corporation against whom the claim is made and to the injured person. The physician or professional person licensed under Title 59 of the Oklahoma Statutes shall also send a copy of the notice to the attorney for the injured person, if the name and address of such attorney is known to the physician or professional person licensed under Title 59 of the Oklahoma Statutes.
D. The liens provided for in this section may be enforced by civil action in the district court of the county where the lien was filed. Such an action shall be brought within one (1) year after the physician or professional person licensed under Title 59 of the Oklahoma Statutes becomes aware of final judgment, settlement or compromise of the claim asserted or maintained by or on behalf of the injured person. The practice, pleading, and proceedings in the action shall conform to the rules prescribed by the Oklahoma Pleading Code to the extent applicable.
Added by Laws 1985, c. 136, § 3, eff. Nov. 1, 1985. Amended by Laws 1994, c. 202, § 2, eff. Sept. 1, 1994; Laws 2008, c. 190, § 2, eff. Nov. 1, 2008; Laws 2018, c. 195, § 2, emerg. eff. May 3, 2018.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 42. Liens

§42-1. Lien defined.

§42-2. Classes of liens.

§42-3. General lien.

§42-4. Special lien - Prior lien.

§42-5. Law applies to what.

§42-6. Lien created, how.

§42-7. Lien created by law.

§42-8. Lien on future interest.

§42-9. Lien to take immediate effect.

§42-10. Lien transfers no title.

§42-11. Contracts for forfeiture of property and restraining redemption.

§42-12. Lien does not imply obligation.

§42-13. Extent of lien limited.

§42-14. Holder of lien not entitled to compensation.

§42-15. Priority of liens according to date.

§42-16. Priority of mortgage for price of realty.

§42-17. Order of resort for payment of prior liens.

§42-18. Persons entitled to redeem lien - Federal right of first refusal - Rule of construction.

§42-19. Holder of inferior lien - Redemption.

§42-20. Redemption - How made.

§42-21. Lien is an accessory obligation.

§42-22. Sale or conversion of property extinguishes lien.

§42-23. Limitation of time.

§42-24. Partial performance as extinguishing lien.

§42-25. Voluntary restoration as extinguishing lien.

§42-26. Vendor's lien for price of realty.

§42-27. Waiver of vendor's lien.

§42-28. Validity of liens of vendors and purchasers.

§42-30. Lien of purchaser of real property.

§42-31. Lien of factor.

§42-32. Banker's lien.

§42-33. Special lien of officer levying attachment or execution.

§42-34. Other liens.

§42-35. Judgment liens.

§42-39. Keeper of inn, hotel, boardinghouse, or rooming house - Lien on baggage and other property - Limitation - Enforcement.

§42-43. Hospital liens in personal injury cases - Priority - Exception.

§42-44. Filing of notice of lien - Enforcement by civil action.

§42-45. Insurance agent's lien.

§42-46. Physician's lien.

§42-47. Provider of seed, chemicals, pesticides, herbicides or fertilizer - Agricultural lien.

§42-48. Provider of seed, chemicals, pesticides, herbicides or fertilizer - General agriculture commodities lien.

§42-49. Ambulance service provider liens.

§42-90. Notice preparers to register and submit annual fee.

§42-91. Lien on certain personal property for service thereon - Foreclosure - Notice - Purchaser - Unpaid checks - Repossession

§42-91.1. Abandoned vehicle auctions – Exemption from fees and taxes.

§42-91.2. Liens on farm equipment.

§42-91A. Lien on certain personal property for service thereon - Certificate of title - Foreclosure - Notice - Purchaser - Unpaid checks – Repossession.

§42-92. Laborer's lien on products of labor.

§42-93. Enforcement of lien.

§42-94. When lien attaches.

§42-95. Time for enforcement.

§42-96. Priority of lien.

§42-97. Lien for labor or materials for production, alteration or repair of personal property - Commencement of lien.

§42-98. Filing of statement of lien with county clerk - Innocent purchasers.

§42-99. Priority of mortgage liens.

§42-100. Foreclosure of liens.

§42-101. Sale, disposal or removal of property covered by lien - Punishment.

§42-102. Discharge of lien when satisfied.

§42-104. Enforcement and foreclosure of liens on farm equipment.

§42-111. Persons entitled to liens - Commencement of lien.

§42-112. Filing statement of lien in office of county clerk - Right to lien as against purchaser.

§42-113. Priority of mortgage liens - Liability of mortgagee consenting in writing.

§42-114. Statement furnished owner by thresher - Forfeiture on failure to comply.

§42-115. Enforcement of lien.

§42-116. Sale for purpose of paying threshing or combining bill.

§42-117. Selling in violation of lien.

§42-118. Satisfaction of lien - Discharge - Record - Duty of holders.

§42-119. Right to lien - Persons liable for threshing bills - Enforcement of lien by attachment - Persons against whom valid.

§42-120. Statement to be furnished owner or person in charge - False statements as to law.

§42-121. Removal of grain or seed with fraudulent intent - Fraudulent appropriation.

§42-131. Lien provided for work.

§42-132. Procedure to perfect lien.

§42-141. Right to lien - Priority - Enforceablility against property - Constructive notice.

§42-141.1. Transfer of records, funds, and powers and duties to county clerk.

§42-142. Statement to be filed.

§42-142.4. Fraudulent statement - Felony.

§42-142.6. Pre-lien notice - Requirements – Affidavit - Penalties.

§42-143. Lien by or through subcontractor.

§42-143.1. Notice - Filing of lien statement - Fees.

§42-143.3. Leased or rented equipment - Exemption from act.

§42-143.4. Leased or rented equipment - Property used for production of oil or gas.

§42-144. Oil and gas well liens.

§42-144.1. Effectiveness of lien against purchaser - Delivery of copy of statement of lien.

§42-144.2. Trust funds for payment of lienable claims.

§42-145. Oil and gas well lien by or through subcontractor.

§42-146. Enforcement of lien on oil and gas wells.

§42-147.1. Discharge of lien.

§42-148. Lien on mining property for work thereon.

§42-149. Suit within one year.

§42-150. Filing statement.

§42-151. Lightning rods not included herein.

§42-152. Proceeds of building or remodeling contracts, mortgages or warranty deeds as trust funds for payment of lienable claims.

§42-153. Payment of lienable claims.

§42-154. Corporations - Execution, attestation, seal or acknowledgment of lien statement - Release of lien.

§42-161. Right to lien against railroads.

§42-162. Limitations.

§42-163. How enforced.

§42-164. Notice.

§42-171. Assignment of liens.

§42-172. Enforcement by civil actions - Limitations - Practice, pleading and proceeding - Amendment of lien statement.

§42-173. Parties.

§42-174. Consolidation of actions and stay of trial.

§42-175. Sale of property after judgment.

§42-176. Attorney's fees.

§42-177. Suit by owner to determine lien and cancellation of lien on docket.

§42-178. Proceeds insufficient.

§42-180. Liens against manufactured homes – Repossession - Notice.

§42-191. Short title.

§42-192. Definitions.

§42-193. Applicability of Article 7 of Commercial Code.

§42-194. Duty of care - Disclosure.

§42-195. Default by occupant - Prevention of access - Liability for damage to property.

§42-196. Lien - Date of attachment - Disclosure of other lienholders.

§42-197. Priority - Enforcement - Notice - Sale of property.

§42-197.1. Abandonment or surrender – Possession – Disposal – Notice.

§42-198. Residential use prohibited.

§42-199. Other rights not impaired or affected.

§42-200. Publication of act.

§42-201. Short title.

§42-202. Definitions.

§42-203. Real estate broker lien - Attachment.

§42-204. Notice of lien - Mailing.

§42-205. Suit to enforce lien - Extinguishment of lien.

§42-206. Notice of lien - Contents.

§42-207. Release or satisfaction of lien - Demand for suit to enforce lien - Alternate dispute resolution - Attorneys' fees, costs and interest.

§42-208. Priority of lien.

§42-209. Lien on escrow account.