reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 36. Insurance › §36-2623. Conversion to domestic mutual insurer.

A. A hospital service and medical indemnity corporation, as provided for in Article 26 of the Insurance Code, may be converted to a domestic mutual insurer as provided for in Article 21 of the Insurance Code under such plan and procedure as shall be approved by the order of the Insurance Commissioner.
B. The Commissioner shall approve any such plan or procedure if he finds:
1. That the plan would not be contrary to the interests of the subscribers or contract holders or to the public;
2. That the plan has been approved by the corporation in accordance with its articles of incorporation and bylaws;
3. Upon conversion, the corporation shall have the minimum surplus required of mutual insurers organized pursuant to Article 21 of the Insurance Code;
4. Upon completion of conversion to a mutual insurer as provided for in this section, such corporation shall be subject to and comply with all laws and regulations applicable to a mutual insurer organized pursuant to Article 21 of the Insurance Code;
5. The plan provides for definite conditions to be fulfilled by a designated early date upon which such mutualization will be deemed effective; and
6. The plan provides for the protection of all existing contractual rights of subscribers or contract holders for medical and hospital service or care or claims for reimbursement therefor, and for the mutual insurer organized pursuant to Article 21 of the Insurance Code to assume, without reincorporation, all assets and liabilities of the corporation.
C. The corporation organized pursuant to Article 26 of the Insurance Code shall have such period of time as shall be specified in the order of the Commissioner to complete its conversion to a mutual insurer organized pursuant to Article 21 of the Insurance Code.
Added by Laws 1988, c. 227, § 14, emerg. eff. June 20, 1988.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2651. Corporations authorized.

Charitable and benevolent corporations may hereafter be organized not for profit under the laws of the State of Oklahoma, for the purpose of establishing, maintaining and operating a nonprofit optometric service or indemnity plan, by complying with the provisions of this article and shall be exempt from all other provisions of the insurance laws and the general corporation laws of this state, unless otherwise specifically provided herein.
Laws 1968, c. 150, § 1, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2652. Application for certificate - Contents - Fee.

Such a corporation may issue contracts to its subscribers only when the Insurance Commissioner has, by certificate of authority, authorized it so to do. Application for such certificate of authority shall be made on forms supplied or approved by the Commissioner, containing such information as he shall deem necessary. Each application for such certificate of authority shall be accompanied by the fee prescribed by Section 321 of the Oklahoma Insurance Code, and copies of the following documents:
1. Articles of Incorporation signed by not less than fifty optometrists licensed to practice in Oklahoma;
2. Bylaws;
3. Proposed contracts, if any, between the applicant and participating optometrists, showing the terms under which service is to be furnished to subscribers;
4. Proposed contracts to be issued to subscribers;
5. A table of rates to be charged to subscribers;
6. Financial statement of the corporation, including the amounts of contributions paid or agreed to be paid to the corporation for working capital and the name or names of each contributor and the terms of each contribution; and
7. A statement of the area in which the corporation proposes to operate.
Added by Laws 1968, c. 150, § 2, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2653. Certificate of authority; requirements.

The Insurance Commissioner shall issue a certificate of authority authorizing the applicant to issue contracts to its subscribers when it is shown to the satisfaction of the Commissioner that:
1. The applicant is established as a bona fide nonprofit optometric service or indemnity corporation;
2. The contracts between the applicant and the participating optometrists, if any, obligate each optometrist executing the same to render service to which each subscriber may be entitled under the terms of the contract to be issued to the subscribers;
3. The amounts provided as working capital of the corporation are repayable, without interest, out of operating expenses;
4. The amount of money actually available for working capital is sufficient to carry on the plan for a period of three (3) months from the date of issuance of the certificate of authority; and
5. The applicant has secured contracts of participation from sufficient optometrists to provide ample protection for its subscribers within the area proposed to be served by the applicant.
6. At least a majority of the directors of every such optometric service plan corporation must at all times be Oklahoma licensed optometrists.
Laws 1968, c. 150, § 3, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2654. Deposit for protection of members.

A. Corporations governed by this article shall at all times have on deposit with the Insurance Commissioner the sum of Five Thousand Dollars ($5,000.00).
Every such corporation shall deposit with the Commissioner, not later than each February 1, an amount equal to two percent (2%) of the gross subscriptions collected during the preceding calendar year, until the deposit of such corporation reaches a total of Ten Thousand Dollars ($10,000.00). All such deposits shall be held by the Commissioner in trust for the benefit and protection of the subscribers of the corporation making the deposit.
B. The deposit prescribed by this section shall be subject to withdrawal in whole or in part on the order of and as directed by the Commissioner, but may, with the approval of the Commissioner, be invested in bonds of the United States or of the State of Oklahoma, or any political subdivision thereof, or state warrants, which shall be assigned to the Commissioner and held by the Commissioner as provided for original deposits. The securities may, with the approval of the Commissioner, be exchanged for similar securities or cash of equal amount. Interest on securities so deposited shall be payable to the corporation depositing the same.
C. An unsettled final judgment, arising upon a certificate of participation against such a corporation, shall be a lien on the deposit prescribed by this section, subject to execution after thirty (30) days from the entry of final judgment. If the deposit is reduced thereby, it shall be replenished within ninety (90) days.
D. Upon the liquidation or dissolution of such corporation and the satisfaction of all its liabilities, any balance remaining in the deposit in the hands of the Commissioner and any other assets of the insurer shall be distributed to the holders of certificates of participation in good standing at the time proceedings for the liquidation or dissolution of the corporation were commenced, prorated according to the gross amount of subscriptions which have been paid on such certificates up to the time such proceedings were commenced.
Added by Laws 1968, c. 150, § 4, emerg. eff. April 9, 1968. Amended by Laws 2014, c. 275, § 13, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2655. Service contracts.

Any such corporation may enter into contracts for the rendering or providing of optometric service or indemnity to any of its members with any individuals licensed in optometry in Oklahoma and who meet standards and rules of practice as set by said corporation. Any such corporation may contract with any domestic or foreign corporation or associations for the purpose of providing or rendering optometric service or indemnity. The term "optometric service plan," as used in this law, includes the contracting for the payment of fees toward, or furnishing of, professional services or ophthalmic materials authorized or permitted to be furnished by a duly licensed doctor of optometry.
Laws 1968, c. 150, § 5, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2656. Filing of forms and rates; disapproval.

On and after the effective date of this act, no contract providing for optometric service or indemnity shall be issued or delivered to any person in this state, nor shall any application, rider or endorsement be issued in connection therewith, until a copy of the form thereof, and the rates pertaining thereto, have been filed with and approved by the Insurance Commissioner. If the Insurance Commissioner disapproves the contract, application, rider or endorsement form, or rates, said Commissioner shall make a written decision stating the reason or reasons therefor and shall deliver a copy thereof to the corporation and it shall be unlawful for any such corporation to use any such form in this state. Any such corporation shall have twenty (20) days from date of receipt of the notice of disapproval in which to request a hearing on such disapproval.
Laws 1968, c. 150, § 6, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2657. Discrimination; rebates.

Discrimination between individuals of the same class in the dues or rates charged for any contract issued by any such corporation, or in the benefits payable thereon, or in any of the terms or conditions of such contract, or in any other manner whatsoever is prohibited. This action shall not prohibit different rates, different benefits, or different underwriting procedures for individuals contracted with under different plans; provided, rates charged, benefits payable, or underwriting procedures used do not discriminate between such different plans. No such corporation, and no director, trustee, officer, agent, employee, solicitor, or other representative thereof shall pay, allow or give, or offer to pay, allow or give, directly or indirectly, as an inducement of membership, rebate of dues, payable on the contract, or any special favor or advantage in the dividends or other benefits to accrue thereon or any paid employment contract for services of any kind or any valuable consideration or inducement whatever; nor give, sell or purchase, or offer to give, sell or purchase, as an inducement of membership or in connection therewith, any stock, dividends or other securities of any other corporation, association, or partnership, or any dividends or profits to accrue thereon or anything of value whatever.
Laws 1968, c. 150, § 7, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2658. Membership; voting rights.

Corporations organized under this act shall be mutual corporations and every person who holds a contract with the corporation shall be a member of the corporation and shall be entitled to one or more votes based upon the number of contracts held, and such members may vote in person or by proxy.
Laws 1968, c. 150, § 8, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2660. Annual statement; filing; examinations; expenses.

A. Each such corporation shall annually, on or before the last day of February, file in the office of the Insurance Commissioner a full, true and complete statement of the condition of the corporation on the 31st day of December of the preceding year, in such form as shall be prescribed by the Insurance Commissioner, and which shall be verified under oath by at least two of the principal officers of the corporation.
B. Whenever the Insurance Commissioner deems it pertinent or necessary, and at least once in each three (3) years, the Insurance Commissioner shall personally, or by his authorized representative, visit each corporation, and thoroughly inspect and examine its financial condition, its ability to fulfill its obligations, whether it has complied with the provisions of the law, and any other facts relative to its business methods, management and the equity of its dealings with its members. The Insurance Commissioner may summon and administer the oath to and examine as witnesses the directors, officers, trustees, agents, representatives and members of any corporation and any other person or persons relative to its affairs, transactions and condition. Any corporation so examined shall pay the proper charges for the per diem, traveling and other necessary expenses in connection therewith.
Laws 1968, c. 150, § 10, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2661. Nonliability of corporation.

No liability shall attach to any corporation holding a certificate of authority under this article by reason of the failure on the part of any of its participating optometrists to render service, except as herein provided, to any of its subscribers, nor for the negligence, malpractice or other acts of its participating optometrists.
Laws 1968, c. 150, § 11, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2662. Relationship of optometrist and patient.

Nothing in this article shall be deemed to alter the relationship of optometrist and patient. No such corporation shall in any way influence the subscriber in his free choice of optometrist, other than to limit its benefit to participating optometrists. Nothing in this article shall be deemed to abridge the right of any optometrist to decline patients in accordance with the standards and practices of such optometrist, and no such corporation shall be deemed to be engaged in the corporate practice of optometry.
Laws 1968, c. 150, § 12, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2664. Exemptions.

The provisions of this article apply only to nonprofit optometric service and indemnity corporations and such corporations shall be governed by this Article to the extent provided herein. Such corporations shall be exempt from all other provisions of the insurance laws of this state, except that the provisions of Articles 1, 3, 12, 16, 17 and 18 of the Oklahoma Insurance Code shall apply to such corporations to the extent that such provisions are not in conflict with the provisions of this article. No law relating to insurance hereafter enacted shall apply to such corporations unless they be expressly designated therein.
Laws 1968, c. 150, § 14, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2665. Tax exemption.

Every corporation doing business pursuant to this article is hereby declared to be a nonprofit and benevolent institution and to be exempt from state, county, district, municipal and school tax, including the taxes prescribed by the Oklahoma Insurance Code, and excepting only the fees prescribed by Section 321 of the Oklahoma Insurance Code, and taxes on real and tangible personal property situate within this state.
Laws 1968, c. 150, § 15, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2666. Limited liability.

A. The private property of the subscribers, agents, officers, directors, members and employees of any corporation holding a certificate of authority as provided by Section 2651 et seq. of this title shallbe exempt from any of the debts, obligations and liabilities of the corporation.
B. Unless the current annual statement of the corporation discloses a surplus of Fifty Thousand Dollars ($50,000.00), such corporation shall not contract for providing optometric service or indemnity without a stated contingent liability of the participating optometrists licensed in optometry in Oklahoma and who meet the standards and rules of practice of the corporation, which shall notbe less than one time nor more than ten times the annual cash premium or dues expressed in the policy or contract.
Laws 1968, c. 150, § 16, emerg. eff. April 9, 1968; Laws 1979, c. 134, § 1, emerg. eff. May 3, 1979.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2667. Conflicting laws.

Nothing in this Act shall be construed to supersede the provisions of Title 59, Oklahoma Statutes 1961, Sections 581 through 592, inclusive, 601 through 606, inclusive, and 941 through 947, inclusive, or as the same may be hereafter amended. In the event of the conflict of any of the provisions of this act with any of the above-cited sections then such cited section shall take precedence over this act and this act shall be construed accordingly.
Laws 1968, c. 150, § 17, emerg. eff. April 9, 1968.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2671. Corporations authorized.

Nonprofit charitable and benevolent corporations may hereafter be organized under the laws of the State of Oklahoma for the purpose of establishing, maintaining and operating a nonprofit dental service plan by complying with the provisions of this Article, and shall be exempt from all other provisions of the insurance laws and the general corporation laws of this state, except where such other laws are specifically made applicable by the provisions of this Article.
Laws 1973, c. 104, § 1, emerg. eff. May 3, 1973.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2672. Application for certificate - Contents - Fee.

A dental service corporation may issue contracts to its subscribers only when the Insurance Commissioner has, by certificate of authority, authorized it to do so. Application for such certificate of authority shall be made on forms supplied or approved by the Commissioner, containing such information as he shall deem necessary. Each application for such certificate of authority shall be accompanied by the fee prescribed by Article 3 of Title 36, Oklahoma Statutes, and copies of the following documents:
1. Articles of Incorporation;
2. Bylaws;
3. Proposed contracts to be issued to subscribers;
4. Financial statement of the corporation, including the amounts of contributions paid; and
5. A statement of the area in which the corporation proposes to operate.
Added by Laws 1973, c. 104, § 2, emerg. eff. May 3, 1973.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2673. Certificate of authority - Requirements.

The Insurance Commissioner shall certify nonprofit dental service corporations by issuing a certificate of authority, authorizing the applicant to issue contracts to its subscribers, when it is shown to the satisfaction of the Commissioner that:
1. The applicant is established as a bona fide nonprofit dental service corporation;
2. The contracts between the applicant and the participating dentists or other providers of health services, if any, obligate each provider executing the same to render service to which each subscriber may be entitled under the terms of the contract to be issued to the subscribers;
3. The amount of required working capital of the corporation is paid into the corporation and, if subject to repayment, can be repaid, but without interest, and only out of operating income;
4. The amount of money actually available for working capital is sufficient to carry on the plan for a period of three (3) months from the date of issuance of the certificate of authority; and
5. The applicant has secured signed contracts of participation from not less than one-third (1/3) of the dentists within this state who hold a current license issued by the Board of Dentistry pursuant to the State Dental Act. The form of such contracts of participation shall be approved by the Board of Dentistry prior to securing the required signatures.
Added by Laws 1973, c. 104, § 3, emerg. eff. May 3, 1973. Amended by Laws 2000, c. 283, § 1, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2674. Deposit for protection of subscribers.

A. Each corporation governed by this Article shall at all times have on deposit with the Insurance Commissioner the sum of Fifteen Thousand Dollars ($15,000.00). In addition every such corporation shall deposit with the Commissioner, not later than each February 1, an amount equal to two percent (2%) of the gross subscriptions collected during the preceding calendar year, until the deposit of such corporation reaches a total of Twenty-five Thousand Dollars ($25,000.00). All such deposits shall be held by the Commissioner in trust for the benefit and protection of the subscribers of the corporation making the deposit.
B. The deposit prescribed by this section shall be subject to withdrawal in whole or in part on the order of and as directed by the Commissioner and may be invested in bonds of the United States or of the State of Oklahoma, or any political subdivision thereof, or state warrants, which shall be assigned to the Commissioner and held by the Commissioner as provided for original deposits. The securities may, with the approval of the Commissioner, be exchanged for similar securities or cash of equal amount. Interest on securities so deposited shall be payable to the corporation depositing the same.
C. An unsettled final judgment, arising upon a certificate of participation against such a corporation, shall be a lien on the deposit prescribed by this section, subject to execution after thirty (30) days from the entry of final judgment. If the deposit is reduced thereby, it shall be replenished within ninety (90) days.
D. Upon the liquidation or dissolution of such corporation and the satisfaction of all its liabilities, any balance remaining in the deposit in the hands of the Commissioner and any other assets of the insurer shall be distributed in the manner directed by the directors of the dental service corporation.
Added by Laws 1973, c. 104, § 4, emerg. eff. May 3, 1973. Amended by Laws 2014, c. 275, § 14, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2675. Contracts; investments; law applicable.

A. A certified corporation, in addition to contracting with the licensed dentists of the state, may contract for its subscribers the use of hospital facilities located in the state.
B. A certified corporation may contract with any other person who is licensed and qualified for the purpose of providing dental services to or for the subscribers but no certified corporation shall enter into an exclusive or preferential contract with any person.
C. A certified corporation may contract with any other person for the cooperative administration or underwriting with regard to the performance of the obligations created upon it under the contracts it issues to the subscribers and to participating dentists.
D. A certified corporation may join with, contract with or become a member of any organization of other dental service or indemnity corporations, nonprofit hospital or hospital service corporations or medical service or indemnity corporations, either domestic or foreign, to create, establish or maintain an agency, group or entity to facilitate the providing of dental services for subscribers located within or outside the State of Oklahoma.
E. A certified corporation may join with, contract with or serve in any capacity with any agency of the United States of America, the State of Oklahoma or any county, city or town, in connection with any program or undertaking sponsored by one or more of the above.
F. A certified corporation may invest in such real and personal property as is reasonably necessary to conduct its business. No law relating to insurance hereafter enacted shall apply to dental service corporations unless expressly designated therein as applicable.
Laws 1973, c. 104, § 5, emerg. eff. May 3, 1973.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2676. Filing of forms and rates; disapproval.

On and after the effective date of this act, no contract providing for dental service or indemnity shall be issued or delivered to any person in this state, nor shall any application, rider or endorsement be issued in connection therewith, until a copy of the form thereof and the rates pertaining thereto have been filed with and approved by the Insurance Commissioner. If the Insurance Commissioner disapproves the contract, application, rider or endorsement form, or rates, he shall make a written decision stating the reason or reasons therefor and shall deliver a copy thereof to the corporation and it shall be unlawful for any such corporation to use any such form in this state. Any such corporation shall have thirty (30) days from date of receipt of the notice of disapproval in which to request a hearing on such disapproval.
Laws 1973, c. 104, § 6, emerg. eff. May 3, 1973.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2677. Inducements prohibited.

No dental service corporation, and no director, trustee, officer, agent, employee, solicitor or other representative thereof shall pay, allow or give, or offer to pay, allow or give, directly or indirectly, as an inducement of membership, any rebate of premiums or dues, payable on the policy or contract, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any paid employment contract for services of any kind or any value, consideration or inducement whatever; nor give, sell or purchase, or offer to give, sell or purchase, as an inducement of membership or in connection therewith, any stock, dividends or other securities of any insurance company or other corporation, association or partnership, or any dividends or profits to accrue thereon or anything of value whatever.
Laws 1973, c. 104, § 7, emerg. eff. May 3, 1973.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2679. Participating dentists as members; meetings; officers.

Every participating dentist under contract with a dental service corporation created under this Article shall be a member of such corporation. Annually the members in person or by proxy shall meet to conduct the business of the corporation. At each such annual meeting, or at any special meeting properly called as provided for in the bylaws of the corporation, each person who is a member shall have one vote and may exercise the privilege of voting on all matters brought before the membership. A simple majority of the votes cast shall be sufficient to carry all matters brought before the membership. If a majority of the directors at any time so decides, a matter may be submitted to a special meeting of the members of the corporation following such procedure as the corporation may provide for in its bylaws. At each annual meeting, the members shall vote to elect one-third (1/3) of the directors of the corporation. The directors shall be elected for terms of three (3) years in office. The directors shall elect the officers, who shall serve for one (1) year in office and thereafter until their successors are designated by the directors.
Laws 1973, c. 104, § 9, emerg. eff. May 3, 1973.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2680. Annual statement - Examinations - Expenses.

A. Each dental service corporation shall annually, on or before the last day of March, file in the office of the Insurance Commissioner a full, true and complete statement of the condition of the corporation on December 31 of the preceding year in such form as shall be prescribed by the Commissioner, and which shall be verified under oath by at least two of the principal officers of the corporation.
B. Whenever the Insurance Commissioner deems it pertinent or necessary, and at least once in each period of five (5) years, the Commissioner shall personally, or by authorized representative, visit each corporation and thoroughly inspect and examine its financial condition, its ability to fulfill its obligations, whether it has complied with the provisions of the law, and any other facts relative to its business methods, management and the equity of its dealings with its members. The Commissioner may summon and administer the oath to and examine as witnesses the directors, officers, trustees, agents, representatives and members of any corporation and any other person or persons relative to its affairs, transactions and condition. Any corporation so examined shall pay the proper charges for the per diem, travel and other necessary expenses in connection therewith.
Added by Laws 1973, c. 104, § 10, emerg. eff. May 3, 1973. Amended by Laws 2014, c. 275, § 15, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2681. Nonliability.

A dental service corporation shall not be liable for injuries resulting from negligence or malpractice on the part of any participating or other dentist or supplier of services to any subscriber. A participating dentist shall not be liable for any wrongful or negligent conduct by a dental service corporation or any of its officers, directors or agents.
Laws 1973, c. 104, § 11, emerg. eff. May 3, 1973.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2682. Relationship of dentist and patient.

Nothing in this Article shall be deemed to alter the statutory relationship of dentist and patient which has heretofore been established. No dental service corporation shall in any way attempt to influence the subscriber in the free choice of a dentist other than to limit its benefit to properly licensed dentists of this state who are in good standing with the Board of Dentistry. Nothing in this Article shall be deemed to abridge the right of any dentist to decline patients in accordance with the standards of practices of such dentist; and no such corporation shall be deemed to be engaged in the corporate practice of dentistry.
Added by Laws 1973, c. 104, § 12, emerg. eff. May 3, 1973. Amended by Laws 2000, c. 283, § 2, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2684. Exemptions.

The provisions of this Article shall govern and apply only to nonprofit dental service corporations. Such corporations shall be exempt from all other provisions of the insurance laws of this state; provided, however, that Articles 1, 3, 12, 17, 18, and Section 1606 of Title 36, Oklahoma Statutes, shall apply to such corporations to the extent that such provisions are not in conflict with the provisions of this Article.
Laws 1973, c. 104, § 14, emerg. eff. May 3, 1973.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2685. Tax exemption.

Every corporation doing business pursuant to this Article is hereby declared to be a nonprofit, charitable and benevolent institution and to be exempt from state, county, district, municipal and school taxes, including the taxes prescribed by the Oklahoma Insurance Code, excepting only the fees prescribed by Section 321 of Title 36, Oklahoma Statutes, and taxes on real and tangible personal property situated within this state.
Laws 1973, c. 104, § 15, emerg. eff. May 3, 1973.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2687. Conflicting laws.

Nothing in this Article shall be construed to supersede the provisions of Sections 328.1 through 328.52 of Title 59, Oklahoma Statutes, or as the same may be hereafter amended. In the event of the conflict of any of the provisions of this Article with any of the above-cited sections, then such cited section shall take precedence over this Article, and this Article shall be construed accordingly.
Laws 1973, c. 104, § 17, emerg. eff. May 3, 1973.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.1. Corporations authorized.

Nonprofit charitable and benevolent corporations may hereafter be organized under the laws of the State of Oklahoma for the purpose of establishing, maintaining and operating a nonprofit chiropractic service plan by complying with the provisions of this article, and shall be exempt from all other provisions of the insurance laws and the general corporation laws of this state, except where such other laws are specifically made applicable by the provisions of this article.
Laws 1979, c. 71, § 1.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.2. Application for certificate; contents; fee.

A chiropractic service corporation may issue contracts to its subscribers only when the Insurance Commissioner has, by certificate of authority, authorized it to do so. Application for such certificate of authority shall be made on forms supplied or approved by the Commissioner, containing such information as he shall deem necessary. Each application for such certificate of authority shall be accompanied by the fee prescribed by Article 3 of Title 36 of the Oklahoma Statutes, and copies of the following documents:
1. Articles of Incorporation;
2. Bylaws;
3. Proposed contracts to be issued to subscribers;
4. Financial statement of the corporation, including the amounts of contributions paid; and
5. A statement of the area in which the corporation proposes to operate.
Laws 1979, c. 71, § 2.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.3. Certificate of authority; requirement.

The Insurance Commissioner shall certify such corporation by issuing a certificate of authority, authorizing the applicant to issue contracts to its subscribers, when it is shown to the satisfaction of the Commissioner that:
1. The applicant is established as a bona fide nonprofit chiropractic service corporation;
2. The contracts between the applicant and the participating chiropractors or other providers of health services, if any, obligate each provider executing the same to render service to which each subscriber may be entitled under the terms of the contract to be issued to the subscribers;
3. The amount of required working capital, of the corporation is paid into the corporation and, if subject to repayment, can be repaid, but without interest, and only out of operating income;
4. The amount of money actually available for working capital is sufficient to carry on the plan for a period of three (3) months from the date of issuance of the certificate of authority; and
5. The applicant has secured signed contracts of participation from not less than one-third of the chiropractors within the State of Oklahoma, who are licensed by the State of Oklahoma. The form of such contracts of participation shall be approved by the Board of Chiropractic Examiners of Oklahoma prior to securing the required signatures.
Laws 1979, c. 71, § 3.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.4. Deposit for protection of subscribers.

A. Each corporation governed by this article shall at all times have on deposit with the Insurance Commissioner the sum of Fifteen Thousand Dollars ($15,000.00). In addition every such corporation shall deposit with the Commissioner, not later than each February 1, an amount equal to two percent (2%) of the gross subscriptions collected during the preceding calendar year, until the deposit of such corporation reaches a total of Twenty-five Thousand Dollars ($25,000.00). All such deposits shall be held by the Commissioner in trust for the benefit and protection of the subscribers of the corporation making the deposit.
B. The deposit prescribed by this section shall be subject to withdrawal in whole or in part on the order of and as directed by the Commissioner and may be invested in bonds of the United States or of the State of Oklahoma, or any political subdivision thereof, or state warrants, which shall be assigned to the Commissioner and held by the Commissioner as provided for original deposits. The securities may, with the approval of the Commissioner, be exchanged for similar securities or cash of equal amount. Interest on securities so deposited shall be payable to the corporation depositing the same.
C. An unsettled final judgment, arising upon a certificate of participation against such a corporation, shall be a lien on the deposit prescribed by this section, subject to execution after thirty (30) days from the entry of final judgment. If the deposit is reduced thereby, it shall be replenished within ninety (90) days.
D. Upon the liquidation or dissolution of such corporation and the satisfaction of all its liabilities, any balance remaining in the deposit in the hands of the Commissioner and any other assets of the insurer shall be distributed in the manner directed by the directors of the chiropractic service corporation.
Added by Laws 1979, c. 71, § 4, eff. Oct. 1, 1979. Amended by Laws 2014, c. 275, § 16, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.5. Contracts; investments.

A. A certified corporation may contract with any other person who is licensed and qualified for the purpose of providing chiropractic services to or for the subscribers but no certified corporation shall enter into an exclusive or preferential contract with any person.
B. A certified corporation may contract with any other person for the cooperative administration or underwriting with regard to the performance of the obligations created upon it under the contracts it issues to the subscribers and to participating chiropractors.
C. A certified corporation may join with, contract with or become a member of any organization of other chiropractic service or indemnity corporations, to create, establish or maintain an agency, group or entity to facilitate the providing of chiropractic services for subscribers located within or outside the State of Oklahoma.
D. A certified corporation may join with, contract with or serve in any capacity with any agency of the United States of America, the State of Oklahoma or any county, city or town, in connection with any program or undertaking sponsored by one or more of the above.
E. A certified corporation may invest in such real and personal property as is reasonably necessary to conduct its business. The prudent-man test shall be applicable to all such investments.
Laws 1979, c. 71, § 5.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.6. Filing of forms and rates; disapproval.

On and after the effective date of this act, no contract providing for chiropractic service or indemnity shall be issued or delivered to any person in this state, nor shall any application, rider or endorsement be issued in connection therewith, until a copy of the form thereof and the rates pertaining thereto have been filed with and approved by the Insurance Commissioner. If the Insurance Commissioner disapproves the contract, application, rider or endorsement form, or rates, he shall make a written decision stating the reason or reasons therefor and shall deliver a copy thereof to the corporation and it shall be unlawful for any such corporation to use any such form in this state. Any such corporation shall have thirty (30) days from date of receipt of the notice of disapproval in which to request a hearing on such disapproval.
Laws 1979, c. 71, § 6.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.7. Inducements prohibited.

No chiropractic service corporation, and no director, trustee, officer, agent, employee, solicitor or other representative thereof shall pay, allow or give, or offer to pay, allow or give, directly or indirectly, as an inducement of membership, any rebate of premiums or dues, payable on the policy or contract, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any paid employment contract for services of any kind or any value, consideration or inducement whatever; nor give, sell or purchase, or offer to give, sell or purchase, as an inducement of membership or in connection therewith, any stock, dividends or other securities of any insurance company or other corporation, association or partnership, or any dividends or profits to accrue thereon or anything of value whatever.
Laws 1979, c. 71, § 7.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.9. Practicing chiropractors as members, meetings; voting; officers.

Every participating chiropractor under contract with a chiropractic service corporation created under this article shall be a member of such corporation. Annually the members in person or by proxy shall meet to conduct the business of the corporation. At each such annual meeting, or at any special meeting properly called as provided for in the bylaws of the corporation, each person who is a member shall have one vote and may exercise the privilege of voting on all matters brought before the membership. A simple majority of the votes cast shall be sufficient to carry all matters brought before the membership. If a majority of the directors at any time so decides, a matter may be submitted to a special meeting of the members of the corporation following such procedure as the corporation may provide for in its bylaws. At each annual meeting, the members shall vote to elect one-third of the directors of the corporation. The directors shall be elected for terms of three (3) years in office. The directors shall elect the officers, who shall serve for one (1) year in office and thereafter until their successors are designated by the directors.
Laws 1979, c. 71, § 9.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.10. Annual statement; examinations; expenses.

A. Each chiropractic service corporation shall annually, on or before the last day of March, file in the office of the Insurance Commissioner a full, true and complete statement of the condition of the corporation on December 31 of the preceding year in such form as shall be prescribed by the Insurance Commissioner, and which shall be verified under oath by at least two (2) of the principal officers of the corporation.
B. Whenever the Insurance Commissioner deems it pertinent or necessary, and at least once in each period of three (3) years, the Insurance Commissioner shall personally, or by his authorized representative, visit each corporation and thoroughly inspect and examine its financial condition, its ability to fulfill its obligations, whether it has complied with the provisions of the law, and any other facts relative to its business methods, management and the equity of its dealings with its members. The Insurance Commissioner may summon and administer the oath to and examine as witnesses the directors, officers, trustees, agents, representatives and members of any corporation and any other person or persons relative to its affairs, transactions and condition. Any corporation so examined shall pay the proper charges for the per diem, travel and other necessary expenses in connection therewith.
Laws 1979, c. 71, § 10.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.11. Nonliability.

A chiropractic service corporation shall not be liable for injuries resulting from negligence or malpractice on the part of any participating or other chiropractor or supplier of services to any subscriber. A participating chiropractor shall not be liable for any wrongful or negligent conduct by a chiropractic service corporation or any of its officers, directors or agents.
Laws 1979, c. 71, § 11.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.12. Relationship of chiropractor and patient.

Nothing in this article shall be deemed to alter the statutory relationship of chiropractor and patient which has heretofore been established. No chiropractic service corporation shall in any way attempt to influence the subscriber in his free choice of a chiropractor other than to limit its benefit to properly licensed chiropractors of the State of Oklahoma who are in good standing with the Board of Chiropractic Examiners of Oklahoma. Nothing in this article shall be deemed to abridge the right of any chiropractor to decline patients in accordance with the standards of practices of such chiropractor; and no such corporation shall be deemed to be engaged in the corporate practice of chiropractic.
Laws 1979, c. 71, § 12.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.14. Exemptions.

The provisions of this article shall govern and apply only to nonprofit chiropractic service corporations. Such corporations shall be exempt from all other provisions of the insurance laws of this state. Provided, that Articles 1, 3, 12, 17, 18, and Section 1606 of Title 36 of the Oklahoma Statutes, shall apply to such corporations to the extent that such provisions are not in conflict with the provisions of this article.
Laws 1979, c. 71, § 14.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.15. Tax exemption.

Every corporation doing business pursuant to this article is hereby declared to be a nonprofit, charitable and benevolent institution and to be exempt from state, county, district, municipal and school taxes, including the taxes prescribed by the Oklahoma Insurance Code, excepting only the fees prescribed by Section 321 of Title 36 of the Oklahoma Statutes, and taxes on real and tangible personal property situated within this state.
Laws 1979, c. 71, § 15.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2691.17. Conflicting laws.

Nothing in this article shall be construed to supersede the provisions of Sections 161 through 168 of Title 59 of the Oklahoma Statutes. In the event of the conflict of any of the provisions of this article with any of the above-cited sections, then such cited section shall take precedence over this article, and this article shall be construed accordingly.
Laws 1979, c. 71, § 17.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2701.1. Fraternal benefit society defined.

Any incorporated society, order or supreme lodge, without capital stock, including one exempted under paragraph 2 of subsection A of Section 38 of this act, whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government, and which provides benefits in accordance with this act, is hereby declared to be a fraternal benefit society.
Added by Laws 1992, c. 76, § 1, eff. Jan. 1, 1993.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2702.1. Lodge system defined.

A. A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated or admitted in accordance with its laws, rules and ritual. Subordinate lodges shall be required by the laws of the society to hold regular meetings at least once in each month in furtherance of the purposes of the society.
B. A society may, at its option, organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not be required of such children, nor shall they have a voice or vote in the management of the society.
Added by Laws 1992, c. 76, § 2, eff. Jan. 1, 1993.
2023 Oklahoma Statutes › Title 36. Insurance › §36-2703.1. Representative form of government defined.

A society has a representative form of government when:
1. It has a supreme governing body constituted in one of the following ways:
a.
Assembly. The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society's laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than two-thirds (2/3) of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and shall meet at least once every four (4) years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society's laws, or
b.
Direct Election. The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society's laws. A society may provide for election of the board by mail. Each term of a board member may not exceed four (4) years. Vacancies on the board between elections may be filled in the manner prescribed by the society's laws. Those persons elected to the board shall constitute a majority in number and not less than the number of votes required to amend the society's laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society;
2. The officers of the society are elected either by the supreme governing body or by the board of directors;
3. Only benefit members are eligible for election to the supreme governing body, the board of directors or any intermediate assembly; and
4. Each voting member has one vote; no vote may be cast by proxy.
Added by Laws 1992, c. 76, § 3, eff. Jan. 1, 1993.