Okla. Stat. tit. 63, § 63-945 — OK Code / Title 63 / Section 63-945
Person to perform autopsy - Extent - Report of findings
Status: in_force

A. When properly authorized, an autopsy shall be performed by

the Chief Medical Examiner or such person as may be designated by

him or her for such purpose. The Chief Medical Examiner or a person

designated by him or her may authorize arterial embalming of the

body prior to the autopsy when such embalming would in his or her

opinion not interfere with the autopsy. The extent of the autopsy

shall be made as is deemed necessary by the person performing the

autopsy.

B. A full and complete report of the facts developed by the

autopsy together with the findings of the person making it shall be

prepared and filed in the Office of the Chief Medical Examiner

without unnecessary delay. Copies of such reports and findings

shall be furnished to district attorneys and law enforcement

Oklahoma Statutes - Title 63. Public Health and Safety Page 1292

officers making a criminal investigation in connection with the

death.

C. Upon receiving a written, signed and dated records request,

a copy of the full and complete report of the facts developed by the

autopsy, together with the findings of the person making the report,

shall be released by the Office of the Chief Medical Examiner to the

public in the most expedient manner available or as requested by the

records requester and, under the following conditions, shall be

furnished to:

1. District attorneys and any law enforcement agency with

authority to make a criminal investigation in connection with the

death; provided, such copies shall not be shared with any other

entity unless otherwise provided by law;

2. The spouse of the deceased or any person related within two

(2) degrees of consanguinity to the deceased, unless the district

attorney or law enforcement agency making a criminal investigation

objects to the release of documents to any family member. District

attorneys and law enforcement agencies shall be prohibited from

objecting to the release of the full and complete autopsy report to

the family if the decedent was in state custody, in custody of law

enforcement or is deceased due to lethal action of a law enforcement

officer; and

3. Any insurance company conducting an insurer's investigation

of any insurance claim arising from the death of the individual upon

whom the autopsy was performed.

D. The full and complete report of the facts developed by the

autopsy, together with the findings of the person making the report,

shall be withheld from public inspection and copying for ten (10)

business days following the date the report is generated by the

Office of the Chief Medical Examiner, except as provided for in

subsection C of this section.

E. The Office of the Chief Medical Examiner shall produce a

summary report of investigation by the medical examiner at the same

time the full and complete report of the facts developed by the

autopsy, together with the findings of the person making the report,

is released to the parties listed in subsection C of this section.

The summary report of investigation shall be made available for

public inspection and copying without delay. Any person may obtain

a copy of the summary report of investigation in the most expedient

manner available or as requested by the records requester.

F. The summary report of investigation shall include, but not

be limited to, the following information, if known:

1. Decedent name, age, birth date, race, sex, home address,

examiner notified by name and title and including date and time,

location where decedent was injured or became ill, including name of

facility, address, city, county, type of premises, date and time;

location of death including name of facility, city, county, type of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1293

premises, date and time, and location body was viewed by medical

examiner including address, city, county, type of premises and date

and time;

2. If the death was a motor vehicle accident, whether the

decedent was the driver, passenger or pedestrian, and the type of

vehicle involved in the accident;

3. A description of the body, including but not limited to the

external physical examination, rigor, livor, external observations

including hair, eye color, body length and weight, and other

external observations, as well as the presence and location of

blood; and

4. The probable cause of death, other significant conditions

contributing to the death but not resulting in the underlying cause

given, manner of death, case disposition, case number, and name and

contact information of the medical examiner performing the autopsy,

including a signature and certification statement that the facts

contained in the report are true and correct to the best of their

knowledge and the date the report was signed and generated.

G. At the conclusion of the ten (10) business-day-period, the

full and complete report shall be made available as a public record

except when a district attorney or law enforcement agency with

authority to make a criminal investigation in connection with the

death declares that the full and complete report contains

information that would materially compromise an ongoing criminal

investigation. Such declaration shall be in writing to the Office

of the Medical Examiner and be an open record available from the

Office of Medical Examiner.

1. Upon such declaration, the district attorney or law

enforcement agency shall request from the appropriate district court

a hearing for an extension of time during which the full and

complete autopsy report, not including information in the summary

report, may be withheld.

2. When a request for an extension of time has been filed with

the court, the full and complete autopsy report in question may be

withheld until the court has issued a ruling on the requested

extension of time to release the autopsy report. Such requests for

an extension of time during which the autopsy may be withheld shall

be made on the grounds that release of the full and complete autopsy

report will materially compromise an ongoing criminal investigation.

3. Courts considering such requests shall conduct a hearing and

consider whether the interests of the public outweigh the interests

asserted by the district attorney or law enforcement agency.

4. If an extension of time is granted by the court, the initial

extension shall be ordered by the court for a period of six (6)

months. Subsequent extensions shall only be ordered after a hearing

by the court for an additional one year and cumulative time

extensions shall not exceed more than four (4) years and six (6)

Oklahoma Statutes - Title 63. Public Health and Safety Page 1294

months; provided, under no circumstance shall an extension of time

be granted by the court if the deceased person was in state custody,

in custody of law enforcement or was deceased due to lethal action

of a law enforcement officer.

5. In the event that six (6) months have expired from the date

of the initial release of the autopsy report without any person

being criminally charged in the case in question and release of the

autopsy or portions of the autopsy have been denied on the grounds

of materially compromising a criminal investigation, an appeal of

such denial may be made to the appropriate district court. Courts

considering appeals for temporarily withholding an autopsy report

shall conduct a hearing and consider whether the interests of the

public outweigh the interests asserted by the district attorney or

law enforcement agency. In response to such appeals, the district

court shall order that the autopsy report be made available for

public inspection and copying with no redaction, or shall order an

extension of time during which the autopsy report may be withheld

under the provisions of this section.

6. Any court order obtained pursuant to this subsection shall

be served upon the Office of the Chief Medical Examiner by the party

requesting or granted the extension by the court.

H. An order granting an extension of time shall be applicable

to the autopsy report for the duration of the extension; provided,

each subsequent time extension shall only be ordered by the district

court for an additional twelve-month period of time or less and

cumulative time extensions shall not exceed four (4) years and six

(6) months; provided, charges being filed against a person in the

case in question or an autopsy report being entered into evidence as

part of a criminal prosecution nullifies any granted extension of

time.

I. The opportunities to withhold an autopsy report or portions

of an autopsy report provided in this section shall expire in

totality four (4) years and six (6) months after the date the

autopsy report was generated, at which time the autopsy report

previously withheld on the grounds provided for in this section

shall be made available for public inspection and copying.

J. Nothing in this section shall prohibit a district attorney

or law enforcement agency with authority to make a criminal

investigation in connection with the death from immediately

releasing portions of information contained in the full and complete

autopsy report for the purposes of assisting with the criminal

investigation or apprehension of any person involved in a criminal

act that resulted in the death of another person.

K. After ten (10) business days from the release of the full

and complete report, nothing in this section shall prohibit the

spouse of the deceased or any person related within two (2) degrees

of consanguinity to the deceased who has received a copy of the full

Oklahoma Statutes - Title 63. Public Health and Safety Page 1295

and complete autopsy report from the Office of the Chief Medical

Examiner from authorizing the Office of the Chief Medical Examiner's

office to release the full and complete autopsy report to any other

person subject to approval by the court.

L. When an autopsy of the body is conducted of a deceased human

who has epilepsy or a history of seizures, the report shall include

an investigation and determination as to whether the deceased

suffered a sudden unexpected death in epilepsy (SUDEP). In the

event the deceased did suffer a sudden unexpected death in epilepsy,

such information shall be noted on the death certificate and be

reported to the North American SUDEP Registry (NASR).
Okla. Stat. tit. 63, § 63-1-745.53 — OK Code / Title 63 / Section 63-1-745.53
Application of federal law
Status: in_force

The prohibition in Section 2 of this act does not apply to an

abortion performed at the behest of federal agencies, contractors,

or employees that are carrying out duties under federal law, if a

prohibition on that abortion would violate the doctrines of

preemption or intergovernmental immunity.
Okla. Stat. tit. 63, § 63-2865 — OK Code / Title 63 / Section 63-2865
Fees - Transactions
Status: in_force

A. There shall be imposed a 9-1-1 telephone fee as follows:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1435

1. One Dollar and twenty-five cents ($1.25) monthly on each

wireless telephone connection and other wireless communication

device or service connection with the ability to dial 9-1-1 for

emergency calls;

2. One Dollar and twenty-five cents ($1.25) monthly on each

service with the ability to dial 9-1-1 for emergency calls,

including landline; and

3. One Dollar and twenty-five cents ($1.25) on each prepaid

wireless retail transaction occurring in this state.

B. 1. For purposes of paragraph 3 of subsection A of this

section, a retail transaction that is effected in person by a

consumer at a business location of the seller shall be treated as

occurring in this state if that business location is in this state.

Any other retail transaction shall be sourced as provided in

paragraphs 2 through 5 of this subsection as applicable.

2. When the retail transaction does not occur at a business

location of the seller, the retail transaction shall be sourced to

the location where receipt by the consumer, or the consumer’s donee,

designated as such by the consumer, occurs, including the location

indicated by instructions for delivery to the consumer or donee,

known to the seller.

3. When the provisions of paragraph 2 of this subsection do not

apply, the sale shall be sourced to the location indicated by an

address for the consumer that is available from the business records

of the seller that are maintained in the ordinary course of the

seller’s business when use of this address does not constitute bad

faith.

4. When the provisions of paragraphs 2 and 3 of this subsection

do not apply, the sale shall be sourced to the location indicated by

an address for the consumer obtained during the consummation of the

sale, including the address of a consumer’s payment instrument, if

no other address is available, when use of this address does not

constitute bad faith.

5. When none of the previous rules of paragraphs 1, 2, 3 and 4

of this subsection apply, including the circumstance in which the

seller is without sufficient information to apply the previous

rules, then the location shall be determined by the address from

which the service was provided, disregarding for these purposes any

location that merely provided the digital transfer of the product

sold. If the seller knows the mobile telephone number, the location

will be that which is associated with the mobile telephone number.

C. From each one-dollar-and-twenty-five-cent fee assessed and

collected pursuant to subsection A of this section, twenty-two cents

($0.22) shall be deposited into the Oklahoma 9-1-1 Management

Authority Revolving Fund created pursuant to Section 2869 of this

title. Funds accumulating in this revolving fund shall be used to

fund the salary of the Oklahoma 9-1-1 Coordinator and any

Oklahoma Statutes - Title 63. Public Health and Safety Page 1436

administrative staff, operations of the Authority and any costs

associated with the administration of the Oklahoma 9-1-1 Management

Authority Act within the Oklahoma Department of Emergency Management

and Homeland Security, and for grants approved by the Authority for

purposes as authorized in the Oklahoma 9-1-1 Management Authority

Act.
Okla. Stat. tit. 63, § 63-3091.6 — OK Code / Title 63 / Section 63-3091.6
Immunity against private causes of action
Status: in_force

The Right to Try Act does not create a private cause of action

against a manufacturer of an investigational drug, biological

product or device or against another person or entity involved in

the care of an eligible patient using the investigational drug,

biological product or device, for any harm done to the eligible

patient resulting from the investigational drug, biological product

or device, so long as the manufacturer or other person or entity is

complying in good faith with the terms of the Right to Try Act,

unless there was a failure to exercise reasonable care.
Okla. Stat. tit. 63, § 63-1-738.3i — OK Code / Title 63 / Section 63-1-738.3i
Statute of limitations
Status: in_force

An action pursuant to this act shall be brought within two (2)

years of the date the woman upon whom an abortion has been performed

in negligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-

740.2 or 1-740.4b of Title 63 of the Oklahoma Statutes, or the

parent or legal guardian of the woman if she is an unemancipated

minor, as defined in Section 1-740.1 of Title 63 of the Oklahoma

Statutes, knew or reasonably should have known of any information

not provided by the defendant in negligent violation of Section 1-

738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b of Title 63 of the

Oklahoma Statutes. If any defendant disputes whether the action was

brought within the time specified in this section, the question of

whether the action was brought within the time specified in this

section shall be determined by the trier of fact by the greater

weight of the evidence.
Okla. Stat. tit. 63, § 63-2162 — OK Code / Title 63 / Section 63-2162
Purpose of act
Status: in_force

The purpose of the Oklahoma Blood Exchange Act is to insure

cooperation among and between the regional blood service and

distribution systems operating within the state and to provide whole

blood, blood components and blood derivatives at the lowest possible

cost to all persons in the state.
Okla. Stat. tit. 63, § 63-3115 — OK Code / Title 63 / Section 63-3115
Consultation with lay caregiver by hospital - Discharge
Status: in_force

plan.

As soon as practicable, the hospital shall attempt to consult

with the designated lay caregiver to prepare him or her for

aftercare and issue a discharge plan describing a patient's

aftercare needs. In the event the hospital is unable to contact the

designated lay caregiver, the lack of contact shall not interfere

with, delay or otherwise affect an appropriate discharge of the

patient.
Okla. Stat. tit. 63, § 63-2554 — OK Code / Title 63 / Section 63-2554
Duties of law enforcement officers
Status: in_force

A. A law enforcement officer shall make a diligent effort to

determine whether any disabled person he finds is an epileptic or a

diabetic or suffers from some other type of illness that would cause

the condition. Whenever feasible, this effort shall be made before

the person is charged with a crime or taken to a place of detention.

B. In seeking to determine whether a disabled person suffers

from an illness, a law enforcement officer shall make a reasonable

search for an identifying device and an identification card of the

type described in subsection B, Section 3 of this act, and examine

them for emergency information. The law enforcement officer may not

search for an identifying device or an identification card in a

manner or to an extent that would appear to a reasonable person in

the circumstances to cause an unreasonable risk of worsening the

disabled person's condition.

C. A law enforcement officer who finds a disabled person

without an identifying device or identification card is not relieved

of his duty to that person to make a diligent effort to ascertain

the existence of any illness causing the disabled condition.

D. A cause of action against a law enforcement officer does not

arise from his making a reasonable search of the disabled person to

locate an identifying device or identification card, even though the

person is not wearing an identifying device or carrying an

identification card.

E. A law enforcement officer who determines or has reason to

believe that a disabled person is suffering from an illness causing

his condition shall promptly notify the person's physician, if

practicable. If the officer is unable to ascertain the physician's

identity or to communicate with him, the officer shall make a

reasonable effort to cause the disabled person to be transported

immediately to a medical practitioner or to a facility where medical

treatment is available. If the officer believes it unduly dangerous

to move the disabled person, he shall make a reasonable effort to

obtain the assistance of a medical practitioner.
Okla. Stat. tit. 63, § 63-1-1950.5 — OK Code / Title 63 / Section 63-1-1950.5
Caregiver - Solicitation or acceptance of gifts -
Status: in_force

Offense.

A. 1. It shall be unlawful for a caregiver to solicit or

accept anything of value greater than One Dollar ($1.00) from any

person in the caregiver’s care; provided, however, nothing in this

section shall be construed as prohibiting a group of individuals,

including family members and friends of residents, from establishing

an employee recognition program consisting of voluntary, anonymous

and confidential donations to care providers; provided further, no

care provider shall be included in the group making decisions

regarding the disbursement. Such donations may be disbursed

pursuant to procedures established by the group.

2. As used in this section, “caregiver” means a person who is:

a. the paid agent or employee of:

(1) an assisted living center,

Oklahoma Statutes - Title 63. Public Health and Safety Page 765

(2) a nursing facility, specialized facility, or

residential care home as such terms are defined

in Section 1-1902 of this title,

(3) an adult day care center as such term is defined

in Section 1-872 of this title,

(4) a home health or home care agency, or

(5) the Department of Human Services, in its capacity

as an operator of any hospital or health care

institution, or as a contractor with providers

under the Personal Care Services Program, or

b. a personal care attendant hired by a consumer under

the Oklahoma Consumer-Directed Personal Assistance and

Support Services (Oklahoma CD-PASS) Program.

“Caregiver” does not include a guardian, limited guardian, or

conservator as such terms are defined in the Oklahoma Guardianship

and Conservatorship Act.

B. Any person who violates the provisions of paragraph 1 of

subsection A of this section, upon conviction, shall be guilty of a

misdemeanor.
Okla. Stat. tit. 63, § 63-5020A — OK Code / Title 63 / Section 63-5020A
Rate Preservation Fund
Status: in_force

A. There is hereby created in the State Treasury a fund for the

Oklahoma Health Care Authority to be designated the "Rate

Preservation Fund". The fund shall be a continuing fund, not

subject to fiscal year limitations, and shall consist of monies

designated to the fund by law. All monies accruing to the credit of

the fund are hereby appropriated and may be budgeted and expended by

the Authority for the purposes described in subsection B of this

section. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment. The Administrator of the

Authority may request the Director of the Office of Management and

Enterprise Services to transfer monies between the Rate Preservation

Fund and any other fund of the Authority as needed for the

expenditure of funds.

B. The Oklahoma Health Care Authority is authorized to budget

and expend monies from the Rate Preservation Fund as follows:

1. For maintaining reimbursement rates to providers in the

event of a decrease in the state's Federal Medical Assistance

Percentage rate; and

2. Subject to the approval of the Director of the Office of

Management and Enterprise Services, the Oklahoma Health Care

Authority may transfer up to one-third (1/3) of the balance of the

Rate Preservation Fund in any given state fiscal year to other funds

of the Authority to meet cash flow needs of the state's Medicaid

program, so long as the monies are transferred back to the Rate

Preservation Fund prior to the end of the state fiscal year in which

they were originally transferred.
Okla. Stat. tit. 63, § 63-427.5a — OK Code / Title 63 / Section 63-427.5a
Medical Marijuana Tax Fund
Status: in_force

There is hereby created in the State Treasury a fund for the

Oklahoma Medical Marijuana Authority to be designated the “Medical

Marijuana Tax Fund”. The fund shall be a continuing fund, not

subject to fiscal year limitations, and shall consist of all monies

received by the Authority from tax proceeds collected pursuant to

Section 426 of Title 63 of the Oklahoma Statutes. All monies

accruing to the credit of the fund shall be appropriated at the

discretion of the Legislature for the purpose of funding substance

abuse programs and common education including but not limited to

funding redbud school grants pursuant to Section 3-104 of Title 70

of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-2-434 — OK Code / Title 63 / Section 63-2-434
Legal representation of state - Stay of action
Status: in_force

A. A prosecuting attorney may represent the state or a

political subdivision of the state in an action under the Drug

Dealer Liability Act.

B. On motion by a governmental agency involved in a drug

investigation or prosecution, an action brought under this act shall

be stayed until the completion of the criminal investigation or

prosecution that gave rise to the motion for the stay of the action.
Okla. Stat. tit. 63, § 63-141.9 — OK Code / Title 63 / Section 63-141.9
Renumbered as § 124.8 of this title by Laws 1995, c
Status: in_force

344, § 33, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-4217 — OK Code / Title 63 / Section 63-4217
Abandonment of vessel - Removal
Status: in_force

A. It shall be unlawful to abandon a vessel on the waters of

this state or other public property. Any officer of the Department

of Public Safety or any other law enforcement agency shall deem a

vessel abandoned and shall have authority to remove or direct the

removal of a vessel when found upon any portion of the waters of

this state or other public property, if, after a period of forty-

Oklahoma Statutes - Title 63. Public Health and Safety Page 1687

eight (48) hours, there is no evidence of an apparent owner who

intends to remove the vessel. Any law enforcement officer prior to

removing such vessel shall attempt to notify the owner of such

vessel if the vessel has an identification number registered in this

state or if the name and address of the owner is attached to such

vessel.

B. If such officer has reasonable cause to believe a vessel has

been abandoned in a location which would be hazardous to the free

flow of traffic or would be highly susceptible to damage from

vandalism or other harm, he shall have authority to remove or direct

the removal of the vessel immediately. At the time of ordering the

removal of an abandoned vessel, the authorizing officer shall also

determine the sale value of the vessel and certify that amount on

the removal order.

C. Any officer of the Department of Public Safety is hereby

authorized to cause to be removed any vessel found upon the waters

of this state or any other public property when:

1. Report has been made that such vessel has been stolen or

taken without the consent of its owner;

2. The officer has reason to believe the vessel has been

abandoned as defined in this section;

3. The person operating or in control of such vessel is

arrested for an alleged offense for which the officer is required by

law to take the person arrested or summoned before a proper

magistrate without unnecessary delay;

4. At the scene of an accident, when the owner or operator is

not in a position to take charge of his vessel and direct or request

proper removal; or

5. When a vessel and/or motor registration is thirty (30) days

past the date of expiration.

Such officer may ensure the safe removal of said vessel by use of a

trailer.
Okla. Stat. tit. 63, § 63-1-1125 — OK Code / Title 63 / Section 63-1-1125
Storing of impure foods
Status: in_force

No article of food shall be stored in any frozen food locker

plant unless it is in a proper condition for storage and meets all

the requirements of food and food sanitation laws and rules

established by the State Board of Health for the sanitary

preparation of food products which are to be stored.
Okla. Stat. tit. 63, § 63-1-894 — OK Code / Title 63 / Section 63-1-894
Quality of care fees – Assessment upon repeal of federal
Status: in_force

requirements.

Oklahoma Statutes - Title 63. Public Health and Safety Page 556

Upon repeal of a United States Congress or federal Health Care

Financing Administration requirement to assess a quality of care

fee, upon all licensed nursing home beds, such fee shall only be

assessed upon nursing facilities that have a Medicaid contract with

the state.
Okla. Stat. tit. 63, § 63-4022 — OK Code / Title 63 / Section 63-4022
Application to Service Oklahoma or licensed operator -
Status: in_force

Copies - Fees.

A. In addition to the registration fees required by Section

4021 of this title, when any such application for registration is

made directly to Service Oklahoma or to any licensed operator, a One

Dollar and twenty-five cents ($1.25) fee for each year the vessel or

motor is registered shall be collected and apportioned by Service

Oklahoma as provided by the provisions of the Oklahoma Vessel and

Motor Registration Act.

B. 1. The charge for a copy of certificate of registration

information is One Dollar ($1.00) for each instrument.

2. The charge for a certified copy of certificate of

registration information is Two Dollars ($2.00) for each instrument.
Okla. Stat. tit. 63, § 63-1067 — OK Code / Title 63 / Section 63-1067
Planning, zoning and building laws
Status: in_force

All projects of an authority shall be subject to the planning,

zoning, sanitary and building laws, ordinances and regulations

applicable to the locality in which the project is situated.
Okla. Stat. tit. 63, § 63-1-747.3 — OK Code / Title 63 / Section 63-1-747.3
Order of priority
Status: in_force

Subject to any applicable requirements of federal statutes,

rules, regulations or guidelines, any expenditures or grants of

public funds for family planning or counseling services by the State

of Oklahoma, by and through the Department shall be made in the

following order of priority:

1. To public entities;

2. To nonpublic hospitals, federally qualified health centers,

and rural health clinics; and

3. To nonpublic health providers that have as their primary

purpose the provision of the primary health care services enumerated

in 42 U.S.C., Section 254b(a)(1).
Okla. Stat. tit. 63, § 63-4254 — OK Code / Title 63 / Section 63-4254
Seizure of property
Status: in_force

A. Any tool, implement, or instrumentality, including, but not

limited to, a vessel or motor or vessel or motor part, used or

possessed in connection with any violation of Section 3 of this act

may be seized by a member of a state or local law enforcement agency

when:

1. The seizure is incident to inspection under an

administrative inspection warrant;

2. The seizure is incident to a search made under a search

warrant;

3. The seizure is incident to a lawful arrest;

4. The seizure is made pursuant to a valid consent to search;

5. The property seized has been the subject of a prior judgment

in favor of the state in a criminal proceeding, or in an injunction

or forfeiture proceeding under Section 6 of this act; or

6. There are reasonable grounds to believe that the property is

directly or indirectly dangerous to health or safety.

B. When property is seized under this section, the seizing

agency may:

1. Place the property under seal; or

2. Remove the property to a place selected and designated by

the seizing agency.
Okla. Stat. tit. 63, § 63-1-1712 — OK Code / Title 63 / Section 63-1-1712
Failure to comply with or breach of certain federal
Status: in_force

laws inadmissible.

A health care provider's failure to comply with or a health care

provider's breach of the federal Patient Protection and Affordable

Care Act (Public Law 111-148) consolidating the amendment made by

Title X of the Act and the Health Care and Education Reconciliation

Act of 2010 (Public Law 111-152) and any regulation, program,

guideline or other provision established by such, shall not be

admissible, used to determine the standard of care, or the legal

basis for a presumption of negligence in any medical liability

action in this state.
Okla. Stat. tit. 63, § 63-2656.1 — OK Code / Title 63 / Section 63-2656.1
Administration of oaths - Federal grant or contract
Status: in_force

funds.

The Commission may administer oaths at any hearing or

investigation conducted pursuant to this act, and may receive

federal grant or contract funds by complying with the requirements

therefor.
Okla. Stat. tit. 63, § 63-2-406 — OK Code / Title 63 / Section 63-2-406
Prohibited acts F - Penalties
Status: in_force

A. It shall be unlawful for any registrant or person applying

for registration to knowingly or intentionally:

1. Distribute, other than by dispensing or as otherwise

authorized by the Uniform Controlled Dangerous Substances Act, a

controlled dangerous substance classified in Schedules I or II, in

the course of his or her legitimate business, except pursuant to an

order form as required by Section 2-308 of this title. Any

registrant or person convicted of violating the provisions of this

paragraph shall be guilty of a Class B3 felony offense;

2. Use in the course of the manufacture or distribution of a

controlled dangerous substance a registration number which is

fictitious, revoked, suspended or issued to another person. Any

registrant or person convicted of violating the provisions of this

paragraph shall be guilty of a Class B3 felony offense;

3. Acquire or obtain possession of a controlled dangerous

substance by misrepresentation, fraud, forgery, deception or

subterfuge. Any registrant or person convicted of violating the

provisions of this paragraph shall be guilty of a Class C1 felony

offense punishable as provided for in subsections B through E of

Section 20L of Title 21 of the Oklahoma Statutes;

Oklahoma Statutes - Title 63. Public Health and Safety Page 993

4. Furnish false or fraudulent material information in, or omit

any material information from, any application, report, or other

document required to be kept or filed under the Uniform Controlled

Dangerous Substances Act, or any record required to be kept by the

Uniform Controlled Dangerous Substances Act. Any registrant or

person convicted of violating the provisions of this paragraph shall

be guilty of a Class B3 felony offense;

5. Make, distribute, or possess any punch, die, plate, stone,

or other thing designed to print, imprint, or reproduce the

trademark, trade name, or other identifying mark, imprint, or device

of another or any likeness of any of the foregoing upon any drug or

container or labeling thereof so as to render such drug a

counterfeit controlled dangerous substance. Any registrant or

person convicted of violating the provisions of this paragraph shall

be guilty of a Class B3 felony offense; and

6. Purchase, or attempt, endeavor, or conspire to obtain or

purchase, any license or registration required to distribute,

possess, prescribe, or manufacture any controlled dangerous

substance on behalf of, or at the request or demand of, any other

person through the use of a straw person or straw party.

B. Except as provided for in paragraph 3 of subsection A of

this section, any person who violates this section shall, upon

conviction, be punished by imprisonment for not more than twenty

(20) years or a fine not more than Two Hundred Fifty Thousand

Dollars ($250,000.00), or both.

C. Any person convicted of a second or subsequent violation of

this section is punishable by a term of imprisonment twice that

otherwise authorized and by twice the fine otherwise authorized.

Convictions for second or subsequent violations of this section

shall not be subject to statutory provisions for suspended

sentences, deferred sentences, or probation.

D. Any person convicted of any offense described in this

section shall, in addition to any fine imposed, pay a special

assessment trauma-care fee of One Hundred Dollars ($100.00) to be

deposited into the Trauma Care Assistance Revolving Fund created in

Section 1-2530.9 of this title.
Okla. Stat. tit. 63, § 63-6702 — OK Code / Title 63 / Section 63-6702
Provision of information about and referrals to mental
Status: in_force

health support personnel.

During and after the declaration of a state of catastrophic

health emergency, the public health authority shall provide

information about and referrals to mental health support personnel

to address psychological responses to the catastrophic health

emergency.
Okla. Stat. tit. 63, § 63-1-745.44 — OK Code / Title 63 / Section 63-1-745.44
Legislative intent - Severability
Status: in_force

A. Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which

in the context of determining the severability of a state statute

regulating abortion the Supreme Court of the United States held that

an explicit statement of legislative intent is controlling, it is

the intent of the Legislature that every provision, section,

subsection, sentence, clause, phrase, or word in this act, and every

application of the provisions in this act to every person, group of

persons, or circumstances, are severable from each other.

B. If any application of any provision in this act to any

person, group of persons, or circumstances is found by a court to be

invalid, preempted, unconstitutional, or to impose an undue burden

on any woman or group of women seeking an abortion, then the

remaining applications of that provision to all other persons and

circumstances shall be severed and preserved, and shall remain in

effect. All constitutionally valid applications of the provisions

in this act, and every application of those provisions that can be

enforced without imposing an undue burden on women seeking

abortions, shall be severed from any applications that a court finds

Oklahoma Statutes - Title 63. Public Health and Safety Page 410

to be invalid, preempted, unconstitutional, or to impose an undue

burden on women seeking abortions, and the valid applications shall

remain in force, because it is the Legislature's intent and priority

that every valid application be allowed to stand alone. Even if a

reviewing court finds a provision of this act to impose an undue

burden in a large or substantial fraction of relevant cases, the

applications that do not present an undue burden shall be severed

from the remaining applications and shall remain in force, and shall

be treated as if the Legislature had enacted a statute limited to

the persons, group of persons, or circumstances for which the

statute's application does not impose an undue burden.

C. The Legislature further declares that it would have enacted

this act, and each provision, section, subsection, sentence, clause,

phrase, or word, and all constitutional applications of the

provisions of this act, irrespective of the fact that any provision,

section, subsection, sentence, clause, phrase, or word, or

applications of this act were to be declared invalid, preempted,

unconstitutional, or to impose an undue burden.

D. If any provision of this act is found by any court to be

unconstitutionally vague, then the applications of that provision

that do not present constitutional vagueness problems shall be

severed and remain in force, consistent with the severability

requirements of subsections A, B, and C of this section.

E. No court may decline to enforce the severability

requirements of subsections A, B, C, and D of this section on the

ground that severance would "rewrite" the statute or involve the

court in legislative or lawmaking activity. A court that declines

to enforce or enjoins a state official from enforcing a statutory

provision does not rewrite a statute, as the statute continues to

contain the same words as before the court's decision. A judicial

injunction or declaration of unconstitutionality:

1. Is nothing more than an edict prohibiting enforcement that

may subsequently be vacated by a later court if that court has a

different understanding of the requirements of the Oklahoma

Constitution or United States Constitution;

2. Is not a formal amendment of the language in a statute; and

3. No more rewrites a statute than a decision by the executive

not to enforce a duly enacted statute in a limited and defined set

of circumstances.

F. If any state or federal court disregards the severability

requirements of subsections A, B, C, D, and E of this section, and

declares or finds any provision of this act facially

unconstitutional, when there are discrete applications of that

provision that can be enforced against a person, group of persons,

or circumstances without violating federal law, the federal or state

constitutions, or imposing an undue burden on women seeking

abortions, then that provision shall be interpreted, as a matter of

Oklahoma Statutes - Title 63. Public Health and Safety Page 411

state law, as if the Legislature had enacted a provision limited to

the persons, group of persons, or circumstances for which the

provision's application will not violate federal law, the federal or

state constitutions, or impose an undue burden on women seeking

abortions, and every court shall adopt this saving construction of

that provision until the court ruling that pronounced the provision

facially unconstitutional is vacated or overruled.
Okla. Stat. tit. 63, § 63-1-1134 — OK Code / Title 63 / Section 63-1-1134
State board of health
Status: in_force

For the purpose of carrying into effect the provisions of this

article, the State Board of health shall promulgate reasonable rules

and regulations relating to sanitation, conforming to the purpose

and content of the foregoing provisions relating to frozen food

locker plants.
Okla. Stat. tit. 63, § 63-686.1 — OK Code / Title 63 / Section 63-686.1
Citation
Status: in_force

This act shall be known as the "Emergency Management Interim

Legislative Succession Act" and shall be cumulative to the Oklahoma

Emergency Management Act of 2003.
Okla. Stat. tit. 63, § 63-690.3 — OK Code / Title 63 / Section 63-690.3
Duties of Department of Emergency Management
Status: in_force

A. In addition to other responsibilities and duties specified

by law, the Oklahoma Department of Emergency Management:

1. Shall develop and maintain flood hazard mitigation measures

for this state, as a component of the state’s comprehensive hazard

mitigation plan and consistent with the flood hazard mitigation

plans of the federal government to the fullest possible extent. The

Department shall coordinate and encourage the development and

publication of flood hazard mitigation plans by political

subdivisions to ensure that such political subdivision plans are

consistent with the flood hazard mitigation measures in the

comprehensive hazard mitigation plan of this state to the fullest

possible extent;

2. Shall provide guidance, information and training sufficient

to allow political subdivisions to request state and federal natural

disaster assistance;

3. Shall coordinate the development and maintenance of flood

hazard mitigation projects with other state and federal programs;

4. Shall set mitigation priorities based upon recommendations

of the State Hazard Mitigation Team;

5. May, after recommendation from the State Hazard Mitigation

Team, approve applications for grants and loans to political

subdivisions for flood hazard mitigation projects from any funds

available for such purposes pursuant to the considerations specified

by Section 690.4 of this title;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1270

6. Shall evaluate, after recommendation from the State Hazard

Mitigation Team, and award grant or loan applications based upon

minimum eligibility criteria and state priorities;

7. Shall be the initial recipient of applications for loans and

grants for flood hazard mitigation activities from political

subdivisions; and

8. Shall have the State Hazard Mitigation Team meet as needed

to review loan and grant applications and provide recommendations

thereon to the Department.

B. The Department shall be the lead agency and shall compile

and submit to the Federal Emergency Management Agency an application

to receive funds pursuant to the Flood Hazard Mitigation Financial

Assistance Program, the Hazard Mitigation Grant Program or any other

flood assistance programs, and other public or private planning or

project grants to implement measures to reduce flood losses.

C. The Department shall also have authority to:

1. Establish advisory councils with sufficient geographic

balance to ensure statewide representation;

2. Coordinate central files and clearinghouse procedures for

flood hazard mitigation resource data information and encourage the

use of compatible information and standards; and

3. Provide to the extent practicable financial, technical,

research, and other assistance to effectuate the purposes of the

Oklahoma Flood Hazard Mitigation Program.

D. The Department shall promulgate, by rule, procedures and

criteria for the evaluation of grant and subgrant applications that

seek to receive a portion of those funds made available to this

state for flood hazard mitigation.
Okla. Stat. tit. 63, § 63-142.6 — OK Code / Title 63 / Section 63-142.6
Notice of proposed demolition, explosion or excavation -
Status: in_force

Marking or providing location of facilities - Emergencies.

A. Before an excavator shall demolish a structure, discharge

any explosive or commence to excavate in a highway, street, alley or

other public ground or way, on or near the location of an operator's

underground facilities, or a private easement, such excavator shall

first notify all operators in the geographic area defined by the

notification center who have on file with the notification center a

notice pursuant to Section 142.3 of this title to determine whether

any operators have underground facilities in or near the proposed

area of excavation or demolition. When an excavator has knowledge

that an operator does not have underground facilities within the

area of the proposed excavation, the excavator need not notify the

operator of the proposed excavation. However, an excavator shall be

responsible for damage to the underground facilities of an operator

if the notification center was not notified. When an excavator has

actual knowledge that an operator has unmarked hydrocarbon and

hazardous liquid underground facilities within the area of proposed

excavation, the excavator shall not commence excavation or

demolition until notice has been given and such facilities have been

marked. For purposes of this section, "actual knowledge" shall mean

direct and clear knowledge; provided, however, actual knowledge may

be demonstrated through circumstantial evidence and if the

circumstances are such that a defendant must have known, an

inference of actual knowledge is permitted. The excavator shall

maintain and preserve all hydrocarbon and hazardous liquid markings

for the duration of the excavation or demolition and shall notify

the notification center if such marks are no longer visible or are

removed and underground facilities have not been exposed. An

excavator must check for positive response at the notification

center prior to excavating or demolishing to ensure that all

operators have responded and that all facilities that may be

affected by the proposed excavation or demolition have been marked.

Notice shall be given no less than forty-eight (48) hours, excluding

the date of notification, Saturdays, Sundays and legal holidays,

prior to the commencement of the excavation or demolition. If a

positive response of watch and protect has been indicated, no

excavation may take place without the operator or its designated

representative present to observe the excavation within ten (10)

feet of the operator's markings of its existing underground

facility. Notice shall expire fourteen (14) calendar days from the

excavation start date. No excavation may continue after the notice

expiration unless subsequent notice has been submitted pursuant to

notice requirements. If excessive and unreasonable requests for

Oklahoma Statutes - Title 63. Public Health and Safety Page 1085

marking are made by an excavator when no excavation is taking place

prior to notice expiration, the excavator may be liable to the owner

or operator for the reasonable cost of such marking.

B. Each operator served with notice in accordance with

subsection A of this section either directly or by notice to the

notification center shall, prior to the date and time work is

scheduled to begin, unless otherwise agreed to between the excavator

and operator, locate and mark or otherwise provide the approximate

location of the underground facilities of the operator in a manner

as to enable the excavator to employ hand-dug test holes to

determine the precise location of the underground facilities in

advance of excavation. However, during any state of emergency

declared by the Governor or Legislature that impacts the area of

excavation or demolition, the time limitations of this subsection

shall be inapplicable. Each operator shall provide a positive

response to the notification center prior to the expiration of the

required notice period. This response shall indicate the status of

the required activities of the operator or designated representative

in regard to the proposed excavation or demolition. For the purpose

of the Oklahoma Underground Facilities Damage Prevention Act, the

approximate location of the underground facilities shall be defined

as a strip of land two (2) feet on either side of such underground

facilities. If a positive response to watch and protect is

indicated, the operator shall provide the name and phone number of

the contact who shall be present for observation and a designated

operator representative shall be on site at the ticket date and time

agreed upon in writing by the excavator and operator. Whenever an

operator is served with notice of an excavation or demolition and

determines that the operator does not have underground facilities

located within the proposed area of excavation or demolition, the

operator shall communicate this information to the excavator

originating the notice prior to the commencement of such excavation

or demolition.

C. The only exception to subsection A of this section shall be

when an emergency exists that endangers life, health or property.

Under these conditions, excavation operations may begin immediately,

providing reasonable precautions are taken to protect underground

facilities. All operators of underground facilities within the area

of the emergency must be notified promptly when an emergency

requires excavation prior to the location of the underground

facilities being marked. If requests for emergency locates are made

by an excavator when there is no emergency, the excavator may be

liable to the owner or operator for the reasonable cost of emergency

response.

D. Every notice given by an excavator to an operator pursuant

to this section or to the notification center pursuant to Section

Oklahoma Statutes - Title 63. Public Health and Safety Page 1086

142.3 of this title shall contain at least the following

information:

1. The name of the individual serving such notice;

2. The location of the proposed area of excavation or

demolition;

3. The name, address and telephone number of the excavator or

excavator's company;

4. The name and phone number of an excavator field contact with

actual knowledge of the excavation site and project;

5. The type and the extent, not to exceed five hundred (500)

linear feet in incorporated areas or one (1) linear mile in

unincorporated areas, of the proposed work;

6. Whether or not the discharging of explosives is anticipated;

and

7. The date and time when work is to begin.

E. In marking the approximate location of underground

facilities, an operator shall follow the standard color coding

described herein:

OPERATOR AND TYPE OF PRODUCT SPECIFIC GROUP IDENTIFYING COLOR

Electric Power Distribution

Gas Distribution and

Oil Distribution and

Dangerous Materials, Product

Telephone and Telegraph

Police and Fire
Okla. Stat. tit. 63, § 63-1-745.43 — OK Code / Title 63 / Section 63-1-745.43
Liability for costs and attorney fees
Status: in_force

A. Notwithstanding any other law, any party including an

entity, attorney, or law firm, who seeks declaratory or injunctive

relief to prevent this state, a political subdivision, any

governmental entity or public official in this state, or any person

in this state from enforcing any statute, ordinance, rule,

regulation, or any other type of law that regulates or restricts

abortion or that limits taxpayer funding for individuals or entities

that perform or promote abortions, in any state or federal court, or

that represents any litigant seeking such relief in any state or

federal court, shall be jointly and severally liable for court costs

and attorney fees of the prevailing party.

B. For purposes of this section, a party is considered a

prevailing party with respect to a claim or cause of action if a

state or federal court:

Oklahoma Statutes - Title 63. Public Health and Safety Page 409

1. Dismisses that claim or cause of action brought against the

party that seeks the declaratory or injunctive relief described by

subsection A of this section, regardless of the reason for the

dismissal; or

2. Enters judgment in the party's favor on that claim or cause

of action.

C. Regardless of whether a prevailing party sought to recover

court costs or attorney fees in the underlying action, a prevailing

party under this section may bring a civil action to recover court

costs and attorney fees against a party including an entity,

attorney, or law firm, that sought declaratory or injunctive relief

described by subsection A of this section not later than three (3)

years after the date on which, as applicable:

1. The dismissal or judgment described by subsection B of this

section becomes final on the conclusion of appellate review; or

2. The time for seeking appellate review expires.

D. It is not a defense to an action brought under subsection C

of this section that:

1. A prevailing party under this section failed to seek

recovery of court costs or attorney fees in the underlying action;

2. The court in the underlying action declined to recognize or

enforce the requirements of this section; or

3. The court in the underlying action held that any provisions

of this section are invalid, unconstitutional, or preempted by

federal law, notwithstanding the doctrines of issue or claim

preclusion.
Okla. Stat. tit. 63, § 63-2-111 — OK Code / Title 63 / Section 63-2-111
Employee performance recognition program - Awards -
Status: in_force

Funding.

A. The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control is authorized to establish an employee performance

recognition program that encourages outstanding job performance and

productivity within the Bureau. The Bureau is authorized to expend

funds for:

1. The purchase of recognition awards to be presented to

members of work units or individual employees having exceptional job

performance records or other significant contributions to the

operation of the Bureau;

2. The purchase of recognition awards to be presented to

nonemployees of the Bureau in recognition of exemplary service or

assistance to the Bureau and law enforcement; and

3. A formal ceremony or banquet where the awards may be

presented.

B. Recognition awards may consist of distinctive wearing

apparel, service pins, plaques, writing pens, or other distinguished

awards of a value not exceeding One Hundred Fifty Dollars ($150.00)

per award to recognize the achievement of the work unit or

Oklahoma Statutes - Title 63. Public Health and Safety Page 903

individual employee. In addition to recognition awards, the Bureau

may establish an employee benefit program not exceeding Five

Thousand Dollars ($5,000.00) each fiscal year for cash awards to

recognize outstanding performance in the workplace by Bureau

employees.

C. To better educate and foster relations as to the Bureau and

its mission towards drug reduction, the Bureau may expend funds not

exceeding Ten Thousand Dollars ($10,000.00) each fiscal year for the

purpose of distributing educational, demand-reduction and

commemorative materials bearing the seal of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control to nonemployees.

Donated items, federal grant money and seizure funds shall not count

toward this amount.
Okla. Stat. tit. 63, § 63-1-1522 — OK Code / Title 63 / Section 63-1-1522
Definitions
Status: in_force

As used in this act:

1. "Educational facility" means a building owned, leased or

under the control of a technology center school district or a public

or private college or university;

2. "Health facility" means an entity which provides health

services, including, but not limited to, hospitals, nursing homes,

long-term care facilities, kidney disease treatment centers, health

maintenance organizations and ambulatory treatment centers;

3. "Indoor workplace" means any indoor place of employment or

employment-type service for or at the request of another individual

or individuals, or any public or private entity, whether part-time

or full-time and whether for compensation or not. Such services

Oklahoma Statutes - Title 63. Public Health and Safety Page 634

shall include, without limitation, any service performed by an

owner, employee, independent contractor, agent, partner, proprietor,

manager, officer, director, apprentice, trainee, associate, servant

or volunteer. An indoor workplace includes work areas, employee

lounges, restrooms, conference rooms, classrooms, employee

cafeterias, hallways, any other spaces used or visited by employees,

and all space between a floor and ceiling that is predominantly or

totally enclosed by walls or windows, regardless of doors, doorways,

open or closed windows, stairways, or the like. The provisions of

this section shall apply to such indoor workplace at any given time,

whether or not work is being performed;

4. "Meeting" means a meeting as defined in the Oklahoma Open

Meeting Act;

5. "Public body" means a public body as defined in the Oklahoma

Open Meeting Act;

6. "Public place" means any enclosed indoor area where

individuals other than employees are invited or permitted;

7. "Restaurant" means any eating establishment regardless of

seating capacity;

8. "Smoking" means the carrying by a person of a lighted cigar,

cigarette, pipe or other lighted smoking device; and

9. "Stand-alone bar", "stand-alone tavern", and "cigar bar"

mean an establishment that derives more than sixty percent (60%) of

its gross receipts, subject to verification by competent authority,

from the sale of alcoholic beverages and low-point beer and no

person under twenty-one (21) years of age is admitted, except for

members of a musical band employed or hired as provided in paragraph

2 of subsection B of Section 537 of Title 37 of the Oklahoma

Statutes and that is not located within, and does not share any

common entryway or common indoor area with, any other enclosed

indoor workplace, including a restaurant.
Okla. Stat. tit. 63, § 63-7301 — OK Code / Title 63 / Section 63-7301
Diabetes prevention reporting
Status: in_force

A. The Oklahoma Health Care Authority and the State Department

of Health shall collaborate to identify benchmarks and develop goals

to reduce the incidence rates of, improve health care services for,

and control complications resulting from diabetes.

B. The Authority and the Department shall submit a report to

the President Pro Tempore of the Senate, the Speaker of the House of

Representatives, and the Governor by January 10 of every fifth year.

Such report shall contain the following information:

1. The fiscal impact of all types of diabetes on the Authority,

the Department, and county health departments including the number

of persons with diabetes receiving services through the Authority,

the Department, and county health departments;

2. The fiscal impact of diabetes on the Authority, the

Department, and county health departments in comparison to other

chronic diseases;

3. An assessment of the benefits of diabetes prevention

programs including a summary of funding directed to the Authority

and the Department from the Legislature;

4. A description of coordination between the Authority and the

Department including, but not limited to, programs relating to the

treatment and prevention of all forms of diabetes;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1788

5. Detailed action plans for battling diabetes with actionable

items for consideration by the Legislature including, but not

limited to, steps to reduce the impact of diabetes, pre-diabetes,

and related diabetes complications;

6. Identification of expected outcomes of the action steps and

benchmarks for controlling and preventing all forms of diabetes; and

7. The development of a detailed budget blueprint identifying

needs, costs, and resources required to implement the plan provided

for in this section. Such blueprint shall include a budget range

for all options presented in the plan for consideration by the

Legislature.

C. In addition to the complete report required by subsection B

of this section, the Authority or the Department shall, to the

extent practicable, provide components of the upcoming report as

listed in subsection B of this section upon request to the President

Pro Tempore of the Senate, the Speaker of the House of

Representatives, and the Governor.

D. The provisions of this section shall be limited to diabetes

information, data, initiatives, and programs within the Authority

and the Department prior to November 1, 2015, unless there is

available funding for diabetes in each agency that may be used for

new research, data collection reporting or other requirements of

this section.
Okla. Stat. tit. 63, § 63-1-229.29 — OK Code / Title 63 / Section 63-1-229.29
Retail sale of alcoholic beverages or low-point beer
Status: in_force

– Posting of signs – Penalty.

A. Every person who sells alcoholic beverages at retail shall

post conspicuously and keep so posted at the place of business a

sign stating the following: "IT'S THE LAW. WE DO NOT SELL

ALCOHOLIC BEVERAGES TO PERSONS UNDER 21 YEARS OF AGE". Every person

who sells low-point beer at retail shall post conspicuously and keep

so posted at the place of business a sign stating the following:

"IT'S THE LAW. WE DO NOT SELL LOW-POINT BEER TO PERSONS UNDER 21

YEARS OF AGE".

B. A violation of subsection A of this section constitutes a

misdemeanor and upon conviction thereof a violator shall be assessed

a fine not to exceed Fifty Dollars ($50.00) for each day such

offense occurred. The notices required by subsection A of this

section shall be the only notices required to be posted or

maintained in any store that sells alcoholic beverages or low-point

beer at retail.
Okla. Stat. tit. 63, § 63-2252 — OK Code / Title 63 / Section 63-2252
Renumbered as § 1-2301 of this title by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Amended and also renumbered as § 1-

2301 of this title by Laws 1990, c. 225, §§ 1 and 11, respectively,

eff. Sept. 1, 1990.Amended and also renumbered as § 1-2301 of this title by Laws 1990, c. 225, §§ 1 and 11,
Okla. Stat. tit. 63, § 63-1-830 — OK Code / Title 63 / Section 63-1-830
Complaints - Notice - Hearing - Orders - Emergencies
Status: in_force

A. Whenever the State Department of Health determines that a

home is in violation of the provisions of the Residential Care Act

or any rule promulgated pursuant thereto, the Department shall give

written notice to the home of the violation.

B. The Department shall give the notice specified by the

provisions of subsection A of this section within ten (10) business

days of an inspection or investigation of the home.

C. The home may request a hearing within ten (10) business days

of receipt of the notice. On the basis of the evidence produced at

the hearing, the Department shall make findings of fact and

conclusions of law and enter an order thereon. The Department shall

give written notice of such order to the alleged violator and to

such other persons as shall have appeared at the hearing and made

written request for notice of the order. The Department may enter

its order on the basis of such record or, before issuing its order,

require additional hearings or further evidence to be presented.

The order of the Department shall become final and binding on all

Oklahoma Statutes - Title 63. Public Health and Safety Page 482

parties unless appealed to the district court as provided in

Sections 317 through 325 of Title 75 of the Oklahoma Statutes within

thirty (30) days after notice has been sent to the parties.

D. Whenever the Department finds that an emergency exists

requiring immediate action to protect the public health or welfare

of any resident of a home licensed pursuant to the provisions of the

Residential Care Act, the Department may without notice or hearing

issue an order stating the existence of such an emergency and

requiring that such action be taken as it deems necessary to meet

the emergency. Such order shall be effective immediately. The

State Board of Health shall adopt rules that establish criteria for

the emergency transfer of residents initiated by the State

Department of Health, including notice and hearings, if the resident

is aggrieved by the decision. Any person to whom such an order is

directed shall comply with the order immediately but on application

to the Department shall be afforded a hearing within ten (10)

business days of receipt of the notice. On the basis of such

hearing, the Department shall continue such order in effect, revoke

it, or modify it. Any person aggrieved by such order continued

after the hearing provided for in this subsection may appeal to the

district court of the area affected within thirty (30) days. Such

appeal when docketed shall have priority over all cases pending on

the docket, except criminal cases.

E. The hearings authorized by this section may be conducted by

the Department. The Department may designate hearing officers who

shall have the power and authority to conduct such hearings in the

name of the Department at any time and place. Such hearings shall

be conducted in conformity with and records made thereof as provided

by the provisions of Sections 309 through 326 of Title 75 of the

Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-2074 — OK Code / Title 63 / Section 63-2074
Rules, regulations and standards
Status: in_force

The State Board of Health is authorized to promulgate rules,

regulations and standards for the operation of family planning

centers as follows:

a. Eligibility of persons for service.

b. Approval of contraceptives, practices, devices and

pharmaceuticals, and the methods of their utilization.

c. Clinical procedures.

d. Medical services to applicants.

e. Establish a fee schedule to be charged applicants who

are financially able to pay for services and devices,

pharmaceuticals or other equipment and supplies furnished.

f. Records to be maintained.

g. Any other rules, regulations or standards required to

carry out the legislative intent expressed in this act.
Okla. Stat. tit. 63, § 63-1-1930.4 — OK Code / Title 63 / Section 63-1-1930.4
Termination of receivership
Status: in_force

A. The court may terminate a receivership:

1. If the time period specified in the order appointing the

receiver elapses and is not extended;

2. If the court determines that the receivership is no longer

necessary because the conditions which gave rise to the receivership

no longer exist or the State Department of Health grants the

facility a new license; or

3. If all of the residents in the facility have been

transferred or discharged.

B. 1. Within thirty (30) days after termination, the receiver

shall give the court a complete accounting of all property of which

the receiver has taken possession, of all funds collected, and of

the expenses of the receivership.

2. If the operating funds exceed the reasonable expenses of the

receivership, the court shall order payment of the surplus to the

owner. If the operating funds are insufficient to cover the

reasonable expenses of the receivership, the owner shall be liable

for the deficiency.

3. The Department shall have a lien for any payment made to the

receiver upon any beneficial interest, direct or indirect, of any

owner in the following property:

a. the building in which the facility is located,

b. any fixtures, equipment or goods used in the operation

of the facility,

c. the land on which the facility is located, or

d. the proceeds from any conveyance of property described

in subparagraph a, b or c of this paragraph, made by

the owner within one (1) year prior to the filing of

the petition for receivership.

4. The receiver shall, within sixty (60) days after termination

of the receivership, file a notice of any lien created under this

section.
Okla. Stat. tit. 63, § 63-2-312v2 — OK Code / Title 63 / Section 63-2-312v2
Physicians, podiatrists, optometrists, dentists,
Status: in_force

veterinarians and advanced practice nurses - Authority to prescribe,

administer or dispense.

A. A physician, podiatrist, optometrist, or a dentist who has

complied with the registration requirements of the Uniform

Controlled Dangerous Substances Act, in good faith and in the course

of such person’s professional practice only, may prescribe and

administer controlled dangerous substances, or may cause the same to

be administered by medical or paramedical personnel acting under the

direction and supervision of the physician, podiatrist, optometrist,

or dentist, and only may dispense controlled dangerous substances

pursuant to the provisions of Sections 355.1 and 355.2 of Title 59

of the Oklahoma Statutes.

B. A veterinarian who has complied with the registration

requirements of the Uniform Controlled Dangerous Substances Act, in

good faith and in the course of the professional practice of the

veterinarian only, and not for use by a human being, may prescribe,

administer, and dispense controlled dangerous substances and may

cause them to be administered by an assistant or orderly under the

direction and supervision of the veterinarian.

C. An Advanced Practice Registered Nurse who is recognized to

prescribe by the Oklahoma Board of Nursing as a Certified Nurse

Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife

and who has complied with the registration requirements of the

Uniform Controlled Dangerous Substances Act, in good faith and in

the course of professional practice only, may prescribe and

administer Schedule III, IV, and V controlled dangerous substances.

If the Advanced Practice Registered Nurse has not obtained

independent prescriptive authority under Section 1 of this act, he

or she may only prescribe and administer such controlled dangerous

substances under the supervision of a supervising physician in

accordance with the Oklahoma Nursing Practice Act and Section 4 of

this act and shall not prescribe or administer any controlled

dangerous substance in a schedule that the supervising physician is

not registered to prescribe and administer.

D. An Advanced Practice Registered Nurse who is recognized to

order, select, obtain, and administer drugs by the Oklahoma Board of

Nursing as a Certified Registered Nurse Anesthetist pursuant to

Section 353.1b of Title 59 of the Oklahoma Statutes and who has

complied with the registration requirements of the Uniform

Controlled Dangerous Substances Act, in good faith and in the course

of such practitioner’s professional practice only, may order,

select, obtain, and administer Schedules II through V controlled

dangerous substances in a preanesthetic preparation or evaluation;

anesthesia induction, maintenance, or emergence; or postanesthesia

care setting only. A Certified Registered Nurse Anesthetist may

Oklahoma Statutes - Title 63. Public Health and Safety Page 965

order, select, obtain, and administer such drugs only during the

perioperative or periobstetrical period.

E. A physician assistant who is recognized to prescribe by the

State Board of Medical Licensure and Supervision under the medical

direction of a supervising physician, pursuant to Section 519.6 of

Title 59 of the Oklahoma Statutes, and who has complied with the

registration requirements of the Uniform Controlled Dangerous

Substances Act, in good faith and in the course of professional

practice only, may prescribe and administer Schedule II through V

controlled dangerous substances.
Okla. Stat. tit. 63, § 63-1-532 — OK Code / Title 63 / Section 63-1-532
Publicity of information and reports
Status: in_force

All information and reports concerning persons infected with

sexually transmitted infections (STIs) shall be inaccessible to the

public, except insofar as publicity may attend the performance of

duties imposed by the laws of the state.
Okla. Stat. tit. 63, § 63-142.9 — OK Code / Title 63 / Section 63-142.9
Damage to underground facilities
Status: in_force

A. When any damage occurs to an underground facility or its

protective covering, the operator thereof and the notification

center shall be notified immediately by any person who caused the

damage.

B. Upon receiving notice of such damage, the operator shall

promptly dispatch personnel to the location to effect temporary or

permanent repairs.

C. Should damage occur that endangers life, health or property,

the excavator responsible for the work shall keep all sources of

ignition away from the damaged area and shall take immediate action

to protect the public and property and to minimize the hazard until

arrival of the operator's personnel or until the appropriate police

or fire officials shall have arrived and taken charge of the damaged

area.

D. An excavator shall delay any backfilling in the immediate

area of the damaged underground facilities until the damage has been

repaired, unless the operator authorizes otherwise. The repair of

such damage must be performed by the operator or by qualified

personnel authorized by the operator.
Okla. Stat. tit. 63, § 63-3141.2 — OK Code / Title 63 / Section 63-3141.2
Definitions
Status: in_force

As used in the Assisted Suicide Prevention Act:

1. "Licensed health care professional" means a physician and

surgeon, podiatrist, osteopath, osteopathic physician and surgeon,

physician assistant, nurse, dentist, or pharmacist; and

2. "Suicide" means the act or instance of intentionally taking

one's own life.
Okla. Stat. tit. 63, § 63-1-1809 — OK Code / Title 63 / Section 63-1-1809
Renumbered as § 2-5-108 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-128.7 — OK Code / Title 63 / Section 63-128.7
Authority of officers
Status: in_force

Any municipal, county or state law enforcement officer within

this state shall have the right to arrest any person for the

violation of any of the provisions of this part.
Okla. Stat. tit. 63, § 63-1-740.2 — OK Code / Title 63 / Section 63-1-740.2
Consent of parent - Requirements - Exceptions - Forms
Status: in_force

A. Except in the case of a medical emergency, a physician may

not perform an abortion on a pregnant female unless the physician

has:

1. Obtained proof of age demonstrating that the female is not a

minor;

2. Obtained proof that the female, although a minor, is

emancipated; or

3. Complied with Section 1-740.3 of this title.

B. No abortion shall be performed upon an unemancipated minor

or upon a female for whom a guardian has been appointed pursuant to

Section 1-113 of Title 30 of the Oklahoma Statutes because of a

finding of incompetency, except in a medical emergency or where a

judicial waiver was obtained pursuant to Section 1-740.3 of this

title, until at least forty-eight (48) hours after the request for

written informed consent for the pending abortion has been delivered

in the manner specified in this subsection and the attending

physician has secured proof of identification and the written

informed consent of one parent.

1. The request for written informed consent of one parent shall

be addressed to the parent at the usual place of abode of the parent

and delivered personally to the parent by the physician or an agent.

2. In lieu of the delivery required by paragraph 1 of this

subsection, the request for written informed consent of one parent

shall be made by certified mail addressed to the parent at the usual

place of abode of the parent with return-receipt requested and

restricted delivery to the addressee, which means a postal employee

Oklahoma Statutes - Title 63. Public Health and Safety Page 365

can only deliver the mail to the authorized addressee. Time of

delivery shall be deemed to occur at 12 noon on the third day on

which regular mail delivery takes place, subsequent to mailing. The

information concerning the address of the parent shall be that which

a reasonable and prudent person, under similar circumstances, would

have relied upon as sufficient evidence that the parent resides at

that address.

3. a. The parent who provides consent shall provide to the

physician a copy of a government-issued proof of

identification and written documentation that

establishes that he or she is the lawful parent of the

pregnant female. The parent shall certify in a

signed, dated, notarized statement, initialed on each

page, that he or she consents to the abortion. The

signed, dated, and notarized statement shall include:

"I certify that I, (insert name of parent), am the

parent of (insert name of minor daughter) and give

consent for (insert name of physician) to perform an

abortion on my daughter. I understand that any person

who knowingly makes a fraudulent statement in this

regard commits a felony."

b. The physician shall keep a copy of the proof of

identification of the parent and the certified

statement in the medical file of the minor for five

(5) years past the majority of the minor, but in no

event less than seven (7) years.

c. A physician receiving parental consent under this

section shall execute for inclusion in the medical

record of the minor an affidavit stating: "I, (insert

name of physician), certify that according to my best

information and belief, a reasonable person under

similar circumstances would rely on the information

presented by both the minor and her parent as

sufficient evidence of identity."

C. No request for written informed consent of one parent shall

be required under this section if the attending physician certifies

in the medical records of the pregnant unemancipated minor that a

medical emergency exists; provided, however, that the attending

physician or an agent shall, within twenty-four (24) hours after

completion of the abortion, notify one of the parents of the minor

in the manner provided in this section that an emergency abortion

was performed on the minor and of the circumstances that warranted

invocation of this subsection.

D. The attending physician, or the agent of the physician,

shall verbally inform the parent of the minor within twenty-four

(24) hours after the performance of a medical emergency abortion or

an abortion that was performed to prevent her death that an abortion

Oklahoma Statutes - Title 63. Public Health and Safety Page 366

was performed on the unemancipated minor. The attending physician,

or the agent of the attending physician, shall also inform the

parent of the basis for the certification of the physician required

under subsection C of this section. The attending physician, or the

agent of the attending physician, shall also send a written notice

of the performed abortion via the United States Post Office to the

last-known address of the parent, restricted delivery, return

receipt requested. The information concerning the address of the

parent shall be that which a reasonable and prudent person, under

similar circumstances, would have relied upon as sufficient evidence

that the parent resides at that address.

E. The State Board of Health shall adopt the forms necessary

for physicians to obtain the certifications required by this

section.
Okla. Stat. tit. 63, § 63-1-1980 — OK Code / Title 63 / Section 63-1-1980
Use of fee proceeds for business expenses
Status: in_force

The owner of any nursing home, assisted living center,

residential care home, continuum of care facility, independent

living facility, life care community, long-term care facility or any

other facility offering similar services which may or may not be

subject to the licensing requirements of the State Department of

Health shall be authorized to use the proceeds from any fees

required by and paid to the facility unless named and specifically

prohibited by the Long-Term Care Insurance Act for business

expenses, including the payment of principal, interest or costs of

borrowing related to debt incurred for purposes of capital asset

acquisition or the improvement or expansion of the facility.
Okla. Stat. tit. 63, § 63-1-725.1 — OK Code / Title 63 / Section 63-1-725.1
Short title - Transparency in Health Care Prices Act
Status: in_force

This act shall be known and may be cited as the "Transparency in

Health Care Prices Act".
Okla. Stat. tit. 63, § 63-2-209 — OK Code / Title 63 / Section 63-2-209
Schedule IV characteristics
Status: in_force

Schedule IV includes substances with the following

characteristics:

1. Low potential for abuse relative to substances listed in

Schedule III;

2. Currently accepted medical use in treatment in use in the

United States; and

3. Abuse of the substance may lead to limited physical

dependence or psychological dependence relative to the substances

listed in Schedule III.
Okla. Stat. tit. 63, § 63-2413 — OK Code / Title 63 / Section 63-2413
Request for interpreter
Status: in_force

It shall be the responsibility of the appointing authority to

request interpreter services through any interpreter service agency

providing qualified legal interpreting services for the deaf and

hard-of-hearing or with individuals who meet the qualifications for

a qualified legal interpreter.
Okla. Stat. tit. 63, § 63-1-2712 — OK Code / Title 63 / Section 63-1-2712
Oklahoma Dental Loan Repayment Program - Administration
Status: in_force

of program - Eligibility and obligations of dentists.

A. 1. The State Department of Health shall administer the

Oklahoma Dental Loan Repayment Program.

2. The Program, depending upon available funding, shall provide

educational loan repayment assistance for up to a total of twenty-

five full-time equivalent Oklahoma licensed dentists per year

including new and continuing contract renewable participants.

3. Each award shall be for a contracted period and shall be

distributed to the participant by drafts made payable to the

participant for deposit to an appropriate loan agency in equal

monthly disbursements, not to exceed Fifty Thousand Dollars

($50,000.00) per year for a maximum five-year period. Prior to any

Oklahoma Statutes - Title 63. Public Health and Safety Page 869

disbursement, the Department shall certify and properly review

monthly reports submitted by the participating dentist detailing

performance of activities in accordance with the Oklahoma Dental

Loan Repayment Act.

4. At the conclusion of the minimum service obligation, the

Department shall review the performance in the Program of the

participating dentist and determine whether an award may be granted

for an additional period not to exceed a total participation in the

Program of five (5) years pursuant to rules promulgated by the

Department.

B. Any dentist entering the Program each year as a nonfaculty

participant shall agree to provide dental care and services to

Medicaid recipients as authorized by the Oklahoma Health Care

Authority. The Department shall be responsible for ensuring that at

least thirty percent (30%) of the patients treated by the dentist

will be Medicaid recipients.

1. Any general practice dentist entering the Program each year

as a nonfaculty participant shall agree to provide dental care and

services in a designated Dental Health Professional Shortage Area

(DHPSA) of this state.

2. Any dentist licensed to practice as a Pediatric Dentistry

Specialist as defined by the State Dental Act or any dentist

practicing in a Federally Qualified Health Center (FQHC), FQHC look-

alike, county health department or city-county health department may

be exempt from the requirement to practice in a Dental Health

Professional Shortage Area (DHPSA).

C. A dentist entering the Program as a faculty participant

shall agree to teach at the University of Oklahoma College of

Dentistry. In the event there are no appropriate faculty

applicants, the Program may award additional nonfaculty dentists.

D. A dentist shall be eligible to participate in the Program if

the dentist:

1. Is a new dental school graduate. Preference will be given

to graduates of the University of Oklahoma College of Dentistry;

2. Is licensed to practice dentistry in Oklahoma; and

3. Has demonstrated financial need.

E. The dentist shall execute a contract with the Department to

provide dental services pursuant to the terms of the contract and in

accordance with rules promulgated by the Department.

F. If the dentist does not fulfill the service obligation, the

Department may collect from the participant the entire amount of

loan payments made under the Program plus interest.

G. The Department shall present a report on the operation of

the Program to the Governor, the Speaker of the House of

Representatives, and the President Pro Tempore of the Senate within

one (1) month of the beginning of each regular session of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 870

Legislature including but not limited to the progress made in

accomplishing the goal of the Program.
Okla. Stat. tit. 63, § 63-1-1808.1 — OK Code / Title 63 / Section 63-1-1808.1
Renumbered as § 2-5-107 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-683.18 — OK Code / Title 63 / Section 63-683.18
Utilization of services, equipment, etc
Status: in_force

In carrying out the provisions of this act, the Governor and the

executive officers or governing bodies of the political subdivisions

of the state are directed to utilize the services, equipment,

supplies and facilities of existing departments, offices and

agencies of the state and of the political subdivisions thereof to

the maximum extent practicable, and the officers and personnel of

all such departments, offices, and agencies are directed to

cooperate with and extend such services and facilities to the

Governor and to the emergency management organizations of the state

upon request.
Okla. Stat. tit. 63, § 63-3102.4 — OK Code / Title 63 / Section 63-3102.4
Classes and priorities for persons authorized to make
Status: in_force

health care decisions for those incapable of communicating.

A. When an adult patient or a person under eighteen (18) years

of age who may consent to have services provided by health

professionals under Section 2602 of this title is persistently

unconscious, incompetent or otherwise mentally or physically

incapable of communicating, a person who is reasonably available and

willing in the following classes, in the order of priority set forth

in this subsection, shall be authorized to make health care

decisions for the patient under the same standard as that applicable

to making life-sustaining treatment decisions under Section 3101.16

of this title, excluding any person who is disqualified from

exercising such authority by Section 3102.5 of this title. If those

Oklahoma Statutes - Title 63. Public Health and Safety Page 1474

within a class disagree, a majority within the class may make a

health care decision for the patient. However, a provider of health

care to the patient or any member or members of any of the following

classes may petition a court that would have jurisdiction over a

guardianship proceeding concerning the patient under Section 1-115

of Title 30 of the Oklahoma Statutes to seek an order directing a

different health care decision on the ground that the health care

decision or decisions made violate the standard required by this

section, granting another member or other members from among the

following classes (notwithstanding the statutory order of priority)

supervening authority to make health care decisions for the patient

on the ground that clear and convincing evidence demonstrates they

are more likely to adhere to that standard, or both. Upon motion by

any party, the court shall issue an order requiring that pending its

decision on the merits and the resolution of any appeal the patient

be provided with health care of which denial, in reasonable medical

judgment, would be likely to result in or hasten the death of the

patient, unless its provision would require denial of the same

health care to another patient. The classes are as follows:

1. A general guardian of the person appointed pursuant to

subsection A of Section 3-112 of Title 30 of the Oklahoma Statutes

or a limited guardian of the person appointed pursuant to subsection

B of Section 3-112 of Title 30 of the Oklahoma Statutes with

authority to make personal medical decisions as determined under

paragraph 5 of subsection B of Section 3-113 of Title 30 of the

Oklahoma Statutes;

2. A health care proxy, or alternate health care proxy,

designated by the patient, as defined in paragraph 6 of Section

3101.3 of Title 63 of the Oklahoma Statutes;

3. An attorney-in-fact authorized to act pursuant to the

Oklahoma Health Care Agent Act, with authority to act regarding the

patient's health and medical care decisions, subject to the

limitations under the Oklahoma Health Care Agent Act;

4. The patient's spouse;

5. Adult children of the patient;

6. Parents of the patient;

7. Adult siblings;

8. Other adult relatives of the patient in order of kinship; or

9. Close friends of the patient who have maintained regular

contact with the patient sufficient to be familiar with the

patient's personal values. Execution of an affidavit stating

specific facts and circumstances documenting such contact

constitutes prima facie evidence of close friendship.

B. Prior to making a health care decision for a patient

pursuant to subsection A of this section, a person shall provide to

the health care provider or health care entity a signed copy of the

following statement to be entered into the patient's medical record:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1475

"I hereby certify that:

I have not been convicted of, pleaded guilty to or pleaded no

contest to the crimes of abuse, verbal abuse, neglect or financial

exploitation by a caregiver; exploitation of an elderly person or

disabled adult; or abuse, neglect, exploitation or sexual abuse of a

child;

I have not been found to have committed abuse, verbal abuse or

exploitation by a final investigative finding of the State

Department of Health or Department of Human Services or by a finding

of an administrative law judge, unless it was overturned on appeal;

and

I have not been criminally charged as a person responsible for

the care of a vulnerable adult with a crime resulting in the death

or near death of a vulnerable adult."
Okla. Stat. tit. 63, § 63-1-291.6 — OK Code / Title 63 / Section 63-1-291.6
Payment of treatment costs
Status: in_force

Subject to the availability of funding, participating facilities

who provide HBOT to veterans suffering from TBI shall provide

treatment at no cost to the veteran and shall submit a bill for any

treatment to the Director of the Office of Management and Enterprise

Services. The bill shall be paid from the Veterans Traumatic Brain

Injury Treatment and Recovery Revolving Fund to the extent funds are

available. Should the costs of the treatment exceed the

availability of funds, the veteran treated shall be held harmless

from any costs of treatment by the facility and the state shall be

under no obligation to make payments beyond the approved amount in

the fund created in Section 3 of this act and set aside for that

purpose by the Director of the Office of Management and Enterprise

Services.
Okla. Stat. tit. 63, § 63-4003A — OK Code / Title 63 / Section 63-4003A
Electronic filing, storage, and delivery of boat and
Status: in_force

motor certificates of title.

On or before July 1, 2022, the Oklahoma Tax Commission shall

implement a program which will permit the electronic filing,

storage, and delivery of boat and motor certificates of title and

allow a lienholder to perfect, assign, and release a lien on a boat

or motor in lieu of submission and maintenance of paper documents as

otherwise provided in the provisions of Section 4008 et seq. of

Title 63 of the Oklahoma Statutes. The provisions of this section

shall apply to certificates of title issued and liens filed after

June 30, 2022. The Tax Commission shall promulgate rules to

implement the provisions of this section.
Okla. Stat. tit. 63, § 63-1-744.4 — OK Code / Title 63 / Section 63-1-744.4
Exceptions to notice requirement
Status: in_force

No notice shall be required under this act if:

1. The person who is entitled to notice states in notarized

writing that he or she has been notified and the statement is placed

in the female's medical record; or

2. The pregnant female declares that she is a victim of sexual

or physical abuse by her parent as defined in Section 1111 et seq.

of Title 21 of the Oklahoma Statutes and the attending physician has

notified child abuse authorities about the alleged parental sexual

or physical abuse. In such circumstances, the physician shall

notify child abuse authorities of the name and address of the

abusing parent so that they can investigate. The child abuse

authorities shall maintain the confidentiality of the fact that the

minor has sought or obtained an abortion and shall take all

necessary steps to ensure that this information is not revealed to

the female's parents or guardians.
Okla. Stat. tit. 63, § 63-2-107b — OK Code / Title 63 / Section 63-2-107b
Drug Money Laundering and Wire Transmitter Revolving
Status: in_force

Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control to be designated the "Drug Money Laundering and Wire

Transmitter Revolving Fund". The fund shall be a continuing fund,

not subject to fiscal year limitations, and shall consist of all

monies received by the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control from the fees imposed pursuant to Section 2-

503.1j of this title. All monies accruing to the credit of the fund

are hereby appropriated and may be budgeted and expended by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control for

the purpose of drug enforcement. Expenditures from said fund shall

be made upon warrants issued by the State Treasurer against claims

filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment.
Okla. Stat. tit. 63, § 63-3105.4 — OK Code / Title 63 / Section 63-3105.4
Format and content of form
Status: in_force

1. At the top of the first page of the standardized format

Oklahoma physician orders for life-sustaining treatment form the

following wording in all capitals shall appear against a contrasting

color background: "FORM SHALL ACCOMPANY PERSON WHEN TRANSFERRED OR

DISCHARGED"; at the bottom of the first page the following wording

in all capitals shall appear against a contrasting color background:

"HIPAA PERMITS DISCLOSURE TO HEALTH CARE PROFESSIONALS AND PROXY

DECISION MAKERS AS NECESSARY FOR TREATMENT".

2. There shall be an introductory section, the left block of

which shall contain the name "Oklahoma Physician Orders for Life-

Sustaining Treatment (POLST)" followed by the words, "This Physician

Order set is based on the patient's current medical condition and

wishes and is to be reviewed for potential replacement in the case

of a substantial change in either, as well as in other cases listed

under F. Any section not completed indicates full treatment for

that section. Photocopy or fax copy of this form is legal and

valid." and the right block of which shall contain lines for the

patient's name, the patient's date of birth and the effective date

of the form followed by the statement, "Form must be reviewed at

least annually."

3. In Section A of the form, the left block shall contain, in

bold font, "A. Check One", and the right block shall be headed, in

bold font, "Cardiopulmonary Resuscitation (CPR): Person has no

pulse and is not breathing." below which there shall be a checkbox

followed by "Attempt Resuscitation (CPR)", then a checkbox followed

by "Do Not Attempt Resuscitation (DNR/ no CPR)", and below which

shall be the words, "When not in cardiopulmonary arrest, follow

orders in B, C and D below."

4. In Section B of the form, the left block shall contain, in

bold, "B. Check One", and the right block shall be headed, in bold,

"Medical Interventions: Person has pulse and/or is breathing."

Below this there shall be a checkbox followed by, in bold, "Full

Treatment" followed by, "Includes the use of intubation, advanced

airway interventions, mechanical ventilation, defibrillation or

cardio version as indicated, medical treatment, intravenous fluids,

and cardiac monitor as indicated. Transfer to hospital if

indicated. Include intensive care. Includes treatment listed under

"Limited Interventions" and "Comfort Measures", followed by, in

bold, "Treatment Goal: Attempt to preserve life by all medically

effective means."

Below this there shall be a checkbox followed by, in bold,

"Limited Interventions" followed by, "Includes the use of medical

Oklahoma Statutes - Title 63. Public Health and Safety Page 1480

treatment, oral and intravenous medications, intravenous fluids,

cardiac monitoring as indicated, noninvasive bi-level positive

airway pressure, a bag valve mask or other advanced airway

interventions. Includes treatment listed under "Comfort Measures",

followed by, "Do not use intubation or mechanical ventilation.

Transfer to hospital if indicated. Avoid intensive care." followed

by, in bold, "Treatment Goal: Attempt to preserve life by basic

medical treatments."

Below this there shall be a checkbox followed by, in bold,

"Comfort Measures only" followed by, "Includes keeping the patient

clean, warm and dry; use of medication by any route; positioning,

wound care and other measures to relieve pain and suffering. Use

oxygen, suction and manual treatment of airway obstruction as needed

for comfort. Transfer from current location to intermediate

facility only if needed and adequate to meet comfort needs and to

hospital only if comfort needs cannot otherwise be met in the

patient's current location (e.g., hip fracture; if intravenous route

of comfort measures is required)."

Below this there shall be, in italics, "Additional Orders:"

followed by an underlined space for other instructions.

5. In Section C of the form, the left block shall contain, in

bold, "C. Check One" and the right block shall be headed, in bold,

"Antibiotics".

Below this there shall be a checkbox followed by, in bold, "Use

antibiotics to preserve life."

Below this there shall be a checkbox followed by, in bold,

"Trial period of antibiotics if and when infection occurs." After

this there shall be, in italics, "*Include goals below in E."

Below this there shall be a checkbox followed by, in bold,

"Initially, use antibiotics only to relieve pain and discomfort."

After this there shall be, in italics, "+Contact patient or

patient's representative for further direction."

Below this there shall be, in italics, "Additional Orders:"

followed by an underlined space for other instructions.

6. In Section D of the form, the left block shall contain, in

bold, "D. Check One in Each Column", and the right block shall be

headed in bold, "Assisted Nutrition and Hydration", below which

shall be "Administer oral fluids and nutrition, if necessary by

spoon feeding, if physically possible." Below these the right block

shall be divided into three columns.

The leftmost column shall be headed, "TPN (Total Parenteral

Nutrition-provision of nutrition into blood vessels)." Below this

there shall be a checkbox followed by, in bold, "TPN long-term"

followed by "if needed". Below this there shall be a checkbox

followed by, in bold, "TPN for a trial period*". Below this there

shall be a checkbox followed by, in bold, "Initially, no TPN+".

Oklahoma Statutes - Title 63. Public Health and Safety Page 1481

The middle column shall be headed "Tube Feeding". Below this

there shall be a checkbox followed by, in bold, "Long-term feeding

tube" followed by "if needed". Below this there shall be a checkbox

followed by, in bold, "Feeding tube for a trial period*". Below

this there shall be a checkbox followed by, in bold, "Initially, no

feeding tube".

The rightmost column shall be headed, "Intravenous (IV) Fluids

for Hydration". Below this there shall be a checkbox followed by,

in bold, "Long-term IV fluids" followed by "if needed". Below this

there shall be a checkbox followed by, in bold, "IV fluids for a

trial period*". Below this there shall be a checkbox followed by,

in bold, "Initially, no IV fluids+".

Running below all the columns there shall be, in italics,

"Additional Orders:" followed by an underlined space for other

instructions, followed by, in italics, "*Include goals below in E.

+Contact patient or patient's representative for further direction."

7. In Section E of the form, the left block shall contain, in

bold, "E. Check all that apply" and the right block shall be

headed, in bold, "Patient Preferences as a Basis for this POLST

Form" shall include the following:

a. below the heading there shall be a box including the

words, in bold, "Patient Goals/Medical Condition:"

followed by an adequate space for such information,

b. below this there shall be a checkbox followed by, "The

patient has an advance directive for health care in

accordance with Sections 3101.4 or 3101.14 of Title 63

of the Oklahoma Statutes." Below that there shall be

a checkbox followed by, "The patient has a durable

power of attorney for health care decisions in

accordance with the Oklahoma Health Care Agent Act."

Below that shall be the indented words, "Date of

execution" followed by an underlined space. Below

that shall be the words, "If POLST not being executed

by patient: We certify that this POLST is in

accordance with the patient's advance directive."

Below this there shall be an underlined space

underneath which shall be positioned the words, "Name

and Position (print) Signature" and "Signature of

Physician",

c. below these shall be the words, "Directions given by:"

and below that a checkbox followed by "Patient", a

checkbox followed by "Minor's custodial parent or

guardian", a checkbox followed by "Attorney-in-fact",

a checkbox followed by "Health care proxy", and a

checkbox followed by "Other legally authorized

person:" followed by an underlined space. Beneath or

beside the checkbox and "Other legally authorized

Oklahoma Statutes - Title 63. Public Health and Safety Page 1482

person:" and the underlined space shall be the words

"Basis of Authority:" followed by an underlined space,

and

d. below these shall be a four-column table with four

rows. In the top row the first column shall be blank;

the second column shall have the words, "Printed

Name"; the third column shall have the word,

"Signature", and the fourth column shall have the

word, "Date". In the remaining rows the second

through fourth columns shall be blank. In the first

column of these rows, in the second row shall be the

words, "Attending physician"; in the third row shall

be the words, "Patient or other individual checked

above (patient's representative)"; and in the fourth

row shall be the words, "Health care professional

preparing form (besides doctor)."

8. Section F of the form, which shall have the heading, in

bold, "Information for Patient or Representative of Patient Named on

this Form", shall include the following language, appearing in bold

on the form:

"The POLST form is always voluntary and is usually for persons

with advanced illness. Before providing information for or signing

it, carefully read "Information for Patients and Their Families -

Your Medical Treatment Rights Under Oklahoma Law", which the health

care provider must give you. It is especially important to read the

sections on CPR and food and fluids, which have summaries of

Oklahoma laws that may control the directions you may give. POLST

records your wishes for medical treatment in your current state of

health. Once initial medical treatment is begun and the risks and

benefits of further therapy are clear, your treatment wishes may

change. Your medical care and this form can be changed to reflect

your new wishes at any time. However, no form can address all the

medical treatment decisions that may need to be made. An advance

health care directive is recommended, regardless of your health

status. An advance directive allows you to document in detail your

future health care instructions and/or name a health care agent to

speak for you if you are unable to speak for yourself.

The State of Oklahoma affirms that the lives of all are of equal

dignity regardless of age or disability and emphasizes that no one

should ever feel pressured to agree to forego life-preserving

medical treatment because of age, disability or fear of being

regarded as a burden.

If this form is for a minor for whom you are authorized to make

health care decisions, you may not direct denial of medical

treatment in a manner that would violate the child abuse and neglect

laws of Oklahoma. In particular, you may not direct the withholding

of medically indicated treatment from a disabled infant with life-

Oklahoma Statutes - Title 63. Public Health and Safety Page 1483

threatening conditions, as those terms are defined in 42 U.S.C.,

Section 5106g or regulations implementing it and 42 U.S.C., Section

5106a."

9. Section G of the form, which shall have the heading, in

bold, "Directions for Completing and Implementing Form", shall

include the following three subdivisions:

a. the first subdivision, entitled "COMPLETING POLST",

shall have the following language with the words, "The

signature of the patient or the patient's

representative is required" appearing in bold on the

form:

"POLST must be reviewed and prepared in consultation

with the patient or the patient's representative after

that person has been given a copy of "Information for

Patients and Their Families - Your Medical Treatment

Rights Under Oklahoma Law". POLST must be reviewed

and signed by a physician to be valid. Be sure to

document the basis for concluding the patient had or

lacked capacity at the time of execution of the form

in the patient's medical record. If the patient lacks

capacity, any current advance directive form must be

reviewed and the patient's representative and

physician must both certify that POLST complies with

it. The signature of the patient or the patient's

representative is required; however, if the patient's

representative is not reasonably available to sign the

original form, a copy of the completed form with the

signature of the patient's representative must be

placed in the medical record as soon as practicable

and "on file" must be written on the appropriate

signature line on this form.",

b. the second subdivision, entitled "IMPLEMENTING POLST",

shall have the following language:

"If a minor protests a directive to deny the minor

life-preserving medical treatment, the denial of

treatment may not be implemented pending issuance of a

judicial order resolving the conflict. A health care

provider unwilling to comply with POLST must comply

with the transfer and treatment pending transfer

requirements of Section 3101.9 of Title 63 of the

Oklahoma Statutes as well as those of the

Nondiscrimination in Treatment Act, Sections 3090.2

and 3090.3 of Title 63 of the Oklahoma Statutes", and

c. the third subdivision, entitled "REVIEWING POLST",

shall have the following language:

"This POLST must be reviewed at least annually or

earlier if:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1484

The patient is admitted to or discharged from a

medical care facility; there is substantial change in

the patient's health status; or the treatment

preferences of the patient or patient's representative

change."

The same requirements for participation of the patient or

patient's representative, and signature by both a physician and the

patient or the patient's representative, that are described under

"COMPLETING POLST" shall also apply when POLST is reviewed, and must

be documented in Section I.

10. Section H of the form, which shall have the heading, in

bold, "REVOCATION OF POLST", shall have the following language, with

the words specified below appearing in bold on the form:

"If POLST is revised or becomes invalid, write in bold the word

"VOID" in large letters on the front of the form. After voiding the

form a new form may be completed. A patient with capacity or the

individual or individuals authorized to sign on behalf of the

patient in Section E of this form may void this form. If no new

form is completed, full treatment and resuscitation is to be

provided, except as otherwise authorized by Oklahoma law."

11. Section I of the form, which shall have the heading, in
Okla. Stat. tit. 63, § 63-1-1002.1 — OK Code / Title 63 / Section 63-1-1002.1
Short title
Status: in_force

This act shall be known and may be cited as the "Whitney Starks

Act".
Okla. Stat. tit. 63, § 63-1-737.10 — OK Code / Title 63 / Section 63-1-737.10
Injunctive relief
Status: in_force

A. A cause of action for injunctive relief against a person who

has performed or attempted to perform a dismemberment abortion in

violation of Section 3 of this act may be maintained by:

1. A woman upon whom such a dismemberment abortion was

performed or attempted to be performed;

2. A person who is the spouse, parent or guardian of, or a

current or former licensed health care provider of, a woman upon

whom such a dismemberment abortion was performed or attempted to be

performed; or

3. A prosecuting attorney with appropriate jurisdiction.

B. The injunction shall prevent the defendant from performing

or attempting to perform further dismemberment abortions in

violation of Section 3 of this act.
Okla. Stat. tit. 63, § 63-427.21 — OK Code / Title 63 / Section 63-427.21
Advertising restrictions
Status: in_force

A. A medical marijuana business shall not engage in advertising

that is deceptive, false or misleading.

B. Medical marijuana advertising shall not contain any

statement or illustration that:

1. Promotes overconsumption;

2. Represents that the use of marijuana has curative or

therapeutic effects; or

3. Depicts a child or other person under legal age to consume

marijuana, or includes:

a. objects such as toys or cartoon or other characters,

which suggest the presence of a child, or any other

depiction designed in any manner to be especially

appealing to children or other persons under legal age

to consume marijuana, or

b. any manner or design that would be especially

appealing to children or other persons under eighteen

(18) years of age.

C. Upon the effective date of this act, all medical marijuana

commercial grower licensees shall be required to post signage at the

site of the commercial grow operation. Signage shall be located at

the perimeter of the property with dimensions measuring no less than

eighteen (18) inches by twenty-four (24) inches with a font size of

no less than two (2) inches. Information required to be displayed

on the sign shall be in black standardized font on a white

background. The Oklahoma Medical Marijuana Authority shall

promulgate rules as necessary regarding the size, placement,

issuance and specifications of the required signage. The following

information shall be included on the required signage:

1. Business name;

2. Physical address of the licensed business;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1193

3. Phone number of the licensed business; and

4. Medical marijuana business license number.

The required signage shall also comply with county regulations

and local ordinances related to the real property where the

commercial grow operation is located. Failure to erect the proper

signage within sixty (60) days after the renewal of each application

for a medical marijuana commercial grower license in accordance with

the provisions of this subsection shall result in the immediate

revocation of the medical marijuana commercial grower license. Upon

issuance of a temporary license, all medical marijuana commercial

grower licensees shall be required to comply with the provisions of

this subsection prior to the prelicensure inspection conducted by

the Authority.
Okla. Stat. tit. 63, § 63-684.32 — OK Code / Title 63 / Section 63-684.32
Provision of volunteer health or veterinary services –
Status: in_force

Administrative sanctions.

A. Subject to subsections B and C of this section, a volunteer

health practitioner shall adhere to the scope of practice for a

similarly licensed practitioner established by the licensing

provisions, practice acts, or other laws of this state.

B. Except as otherwise provided in subsection C of this

section, the Uniform Emergency Volunteer Health Practitioners Act

does not authorize a volunteer health practitioner to provide

services that are outside the scope of practice of the practitioner,

even if a similarly licensed practitioner in this state would be

permitted to provide the services.

C. The State Department of Health may modify or restrict the

health or veterinary services that volunteer health practitioners

may provide pursuant to the Uniform Emergency Volunteer Health

Oklahoma Statutes - Title 63. Public Health and Safety Page 1254

Practitioners Act. An order under this subsection may take effect

immediately, without prior notice or comment, and is not a rule

within the meaning of the Administrative Procedures Act.

D. A host entity may restrict the health or veterinary services

that a volunteer health practitioner may provide pursuant to the

Uniform Emergency Volunteer Health Practitioners Act.

E. A volunteer health practitioner does not engage in

unauthorized practice unless the practitioner has reason to know of

any limitation, modification, or restriction under this section or

that a similarly licensed practitioner in this state would not be

permitted to provide the services. A volunteer health practitioner

has reason to know of a limitation, modification, or restriction or

that a similarly licensed practitioner in this state would not be

permitted to provide a service if:

1. The practitioner knows the limitation, modification, or

restriction exists or that a similarly licensed practitioner in this

state would not be permitted to provide the service; or

2. From all the facts and circumstances known to the

practitioner at the relevant time, a reasonable person would

conclude that the limitation, modification, or restriction exists or

that a similarly licensed practitioner in this state would not be

permitted to provide the service.

F. In addition to the authority granted by law of this state

other than the Uniform Emergency Volunteer Health Practitioners Act

to regulate the conduct of health practitioners, a licensing board

or other disciplinary authority in this state:

1. May impose administrative sanctions upon a health

practitioner licensed in this state for conduct outside of this

state in response to an out-of-state emergency;

2. May impose administrative sanctions upon a practitioner not

licensed in this state for conduct in this state in response to an

in-state emergency; and

3. Shall report any administrative sanctions imposed upon a

practitioner licensed in another state to the appropriate licensing

board or other disciplinary authority in any other state in which

the practitioner is known to be licensed.

G. In determining whether to impose administrative sanctions

under subsection F of this section, a licensing board or other

disciplinary authority shall consider the circumstances in which the

conduct took place, including any exigent circumstances, and the

scope of practice, education, training, experience, and specialized

skill of the practitioner.
Okla. Stat. tit. 63, § 63-3105.2 — OK Code / Title 63 / Section 63-3105.2
Definitions
Status: in_force

As used in the Physician Orders for Life-Sustaining Treatment

Act:

1. "Attorney-in-fact" means an attorney-in-fact authorized to

act pursuant to the Oklahoma Health Care Agent Act, with authority

to act regarding the patient's health and medical care decisions,

subject to the limitations under the Oklahoma Health Care Agent Act;

2. "Guardian" means a general guardian of the person appointed

pursuant to subsection A of Section 3-112 of Title 30 of the

Oklahoma Statutes or a limited guardian of the person appointed

pursuant to subsection B of Section 3-112 of Title 30 of the

Oklahoma Statutes with the authority to make personal medical

decisions as determined under paragraph 5 of subsection B of Section

3-113 of Title 30 of the Oklahoma Statutes;

3. "Health care provider" means a person who is licensed,

certified or otherwise authorized by the laws of this state to

administer health care in the ordinary course of business or

practice of a profession;

4. "Health care proxy" means a health care proxy or alternate

health care proxy authorized to act pursuant to the Oklahoma Advance

Directive Act, Sections 3101.1 through 3101.16 of this title, as

defined in paragraph 6 of Section 3101.3 of this title; and

5. "Other legally authorized person" means a person, other than

a minor's custodial parent or guardian, the patient or the patient's

attorney-in-fact, guardian or health care proxy, who has authority

to make health care decisions for the patient under common law.
Okla. Stat. tit. 63, § 63-123.8 — OK Code / Title 63 / Section 63-123.8
Exemptions
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1073

A. 1. The provisions of the Oklahoma Explosives and Blasting

Regulation Act shall not apply to:

a. persons engaged in shooting wells or seismographic

operations for the purpose of oil or gas production,

b. mining operations regulated by Title 45 of the

Oklahoma Statutes, and

c. persons using explosives or blasting agents for

noncommercial use on their own land, owned in fee or

by contract, for the removal of trees, rocks and dams

or for other normal agricultural purposes.

2. Any person exempted from the provisions of the Oklahoma

Explosives and Blasting Regulation Act pursuant to this subsection

shall be liable for all damages caused by the use of explosives, or

blasting agents and blasting operations, which damages shall be

recoverable in any court of competent jurisdiction.

B. In addition, the provisions of the Oklahoma Explosives and

Blasting Regulation Act shall not apply to:

1. Any municipalities or counties in this state using any

blasting agents, explosives or conducting, supervising or

controlling a blasting operation in this state. Any such

municipality or county shall comply with rules promulgated by the

Oklahoma Mining Commission;

2. The Department of Transportation in the conducting,

supervision or controlling of any blasting operation in this state,

provided the Department shall comply with rules promulgated by the

Oklahoma Mining Commission; and

3. Duly qualified and certified bomb technicians of a federally

accredited bomb squad of municipal, county, state, and federal law

enforcement agencies for the transportation, storage or disposal of

any explosive chemical, compound or device, when such technician is

performing responsibilities for the preservation of public peace,

safety, or criminal investigation.

4. Any employee of the Oklahoma Department of Agriculture,

Food, and Forestry and the United States Department of Agriculture,

Animal and Plant Health Inspection Service, Wildlife Services who is

trained and certified by the United States Department of Agriculture

in the safe handling and use of explosive materials in the course of

the official duties of the employee.
Okla. Stat. tit. 63, § 63-1-524.1 — OK Code / Title 63 / Section 63-1-524.1
Examination of certain arrested persons for a sexually
Status: in_force

including human immunodeficiency virus (HIV) - Court order - Required provisions - Notificationtransmitted infection (STI) including human immunodeficiency virus

(HIV) - Court order - Required provisions - Notification concerning

results to victim's designated professional - Treatment -

Responsibility for costs.

A. A licensed physician shall examine persons who are arrested

by lawful warrant for the offense of first or second degree rape,

forcible sodomy or the intentional infection or attempt to

intentionally infect a person with the human immunodeficiency virus

for the purpose of determining if the person is infected with a

sexually transmitted infection (STI), including, but not limited to,

the human immunodeficiency virus (HIV). For purposes of expediting

such examination, in counties with a population of greater than four

hundred thousand (400,000), the county sheriff or the chief of

police of any municipality with a population of greater than two

hundred thousand (200,000) that is located within such county and

that has a municipal court of record shall notify the city-county

health department serving the county of any person who has been

arrested by county or city officers for such offense. Any such

examination shall be made subsequent to arrest as provided in this

section. Every person shall submit to the examination and shall

permit specimens to be taken for laboratory examinations. Such

person may be detained until the results of the examination are

known. A determination as to whether or not the person is infected

shall not be based on any prior examination. Any person found to be

Oklahoma Statutes - Title 63. Public Health and Safety Page 223

infected with a sexually transmitted infection (STI) shall be

treated by a physician of such person's own choice, until such

person is noninfectious or dismissed by the Commissioner or local

health officer or physician. The costs of such treatment shall be

the responsibility of the person who is examined and tested and the

court shall order the person to pay such costs. In the event a

person infected with a sexually transmitted infection (STI) refuses

or fails to submit to treatment, then such person may be quarantined

for the purpose of treatment, and a report thereof shall be made to

the Commissioner.

B. The district attorney shall file a motion for a court-

ordered examination and testing of the person arrested for the

offenses specified in subsection A of this section at the time the

criminal charges are filed or the court may provide a standing order

for such examination and testing which shall issue automatically at

the time of arrest for the offenses specified in subsection A of

this section.

C. Any peace officer in this state upon the arrest of a person

within six (6) hours or less of the actual offense of first or

second degree rape, forcible sodomy or intentional infection or

attempt to intentionally infect a person with the human

immunodeficiency virus shall immediately deliver and submit the

person for a rapid test for human immunodeficiency virus (HIV)

without a court order, if a rapid test site is available. If the

rapid HIV test results are positive the physician examining the

victim of such offense shall be immediately notified and the

physician shall immediately provide the victim with preventive

treatment, if the victim can be treated within the medically

proscribed period for preventive measures.

D. The examination and testing required by this section shall

not be for evidentiary purposes and shall be expedited and conducted

solely to screen for and identify the need for the victim’s

treatment due to potential exposure to sexually transmitted

infections (STIs). A confirmation examination and test may be

conducted following any examination or test yielding a positive

result that is not conclusive of the presence of the human

immunodeficiency virus (HIV) or other sexually transmitted infection

(STI).

E. The court shall include the following provisions in its order

and shall not include the name or address of the alleged victim:

1. A list of specific examinations and tests, including, but

not limited to: blood tests for human immunodeficiency virus (HIV),

hepatitis B, hepatitis C, syphilis, gonorrhea, chlamydia, and visual

examinations for evidence of genital herpes and genital warts for

which examinations and tests are available;

2. A provision requiring the physician, clinic or hospital

which provides the examination and testing to immediately notify the

Oklahoma Statutes - Title 63. Public Health and Safety Page 224

district attorney’s office, through the Victim Witness Coordinator,

when the test and examination results have been completed;

3. A provision requiring copies of the examination report and

test results be forwarded by the physician, clinic or hospital that

conducted such examination and tests to the designated physician or

counseling site as made known to the Victim Witness Coordinator by

the victim, or if not specified by the victim then copies of the

reports and results shall be forwarded to the Victim Witness

Coordinator. Results of examinations and tests shall be forwarded

within three (3) days of completion of the examination or testing;

4. A provision that the victim be notified within three (3)

days of the receipt of the examination report and test results by

the designated physician or counseling site as designated by the

victim or the Victim Witness Coordinator, if no designation has been

made by the victim;

5. A provision directing the offender and victim to be treated

for infection as indicated in any positive examination and test

result; and

6. A provision directing the facility having custody of the

arrested person to be responsible for the costs of examination and

tests; provided, however, that the court may order reimbursement of

such costs at the time of sentencing.

F. Upon notification that the results of the examination and

tests are completed, the Victim Witness Coordinator shall instruct

the physician, clinical laboratory or hospital that completed such

results to forward copies of the results according to the victim’s

designation or, if no designation has been made, forward copies to

the Victim Witness Coordinator’s office. The Victim Witness

Coordinator shall notify the victim’s designated professional that

the results are being forwarded and instruct the victim to set a

time to receive the results in person.

G. When the examination and test results indicate infection of

any sexually transmitted infection (STI), the victim shall be

treated by the State Commissioner of Health or local health officer,

or a physician of the victim’s own choice, until noninfectious or

dismissed by the Commissioner, local health officer or physician.

H. All examinations and testing shall be performed by a

licensed physician and/or clinical laboratory or hospital. The test

forms shall include the words “Sex Crime” to expedite handling and

shall include a criminal case number, if known.

I. If the arrested person refuses to be examined and tested

upon arrest, the court shall issue an order for such examination and

test at the initial appearance of the person arrested.

J. The cost of examination and testing authorized by this

section shall be the responsibility of the facility having custody

of the person at the time of arrest. The court shall order the

defendant to reimburse such facility at the time of sentencing for

Oklahoma Statutes - Title 63. Public Health and Safety Page 225

all actual costs associated with examination and testing required by

this section. No cost of any kind shall be incurred by any victim

of such crimes for testing, obtaining the results of tests, or for

treatment required by a victim due to a positive result for a test

for a sexually transmitted infection (STI) resulting from an offense

specified in this section.

K. For purposes of this section, the term "initial appearance"

shall refer to the first court appearance of an individual, in

person or by closed circuit television, before a magistrate on a

presentment, indictment or preliminary information on a felony

offense.
Okla. Stat. tit. 63, § 63-1-1955.4 — OK Code / Title 63 / Section 63-1-1955.4
Eligibility for assistance under state Medicaid
Status: in_force

program - Continuing eligibility for asset disregard - Reciprocal

agreements.

A. An individual who is a beneficiary of an Oklahoma Long-Term

Care Partnership Program approved policy is eligible for assistance

under the state Medicaid program using asset disregard pursuant to

the provisions of subsection C of Section 3 of the Oklahoma Long-

Term Care Partnership Act.

B. If the Oklahoma Long-Term Care Partnership Program is

discontinued, an individual who purchased an Oklahoma Long-Term Care

Partnership Program approved policy prior to the date the program

was discontinued shall be eligible to receive asset disregard.

C. The Oklahoma Health Care Authority may enter into reciprocal

agreements with other states to extend the asset disregard to

residents of the state who purchase long-term care policies in

another state which has an asset disregard program that is

substantially similar to the asset disregard program as established

under the Oklahoma Long-Term Care Partnership Act.
Okla. Stat. tit. 63, § 63-1-1990.4 — OK Code / Title 63 / Section 63-1-1990.4
Statewide coordinator – Adoption of rules – Issuance
Status: in_force

of directives.

The Commissioner of Public Safety is the statewide coordinator

of the silver alert system and shall:

1. Adopt rules and issue directives as necessary to ensure

proper implementation of the alert. The rules and directives shall

include:

a. the procedures to be used by a local law enforcement

agency to verify whether a senior citizen:

(1) is missing,

(2) is believed to be suffering from dementia or

other cognitive impairment, and

(3) is one whose disappearance is believed to pose a

credible risk to the health and safety of the

missing person,

b. the criteria for local law enforcement agencies to

consider in circumstances in which a missing person

may not meet the age requirements of a silver alert

but whose safety would be best protected by the

issuance of a silver alert,

c. the procedures for local law enforcement agencies to

follow in initiating a statewide silver alert,

d. the method whereby information is distributed to

statewide media outlets,

e. the procedures for the receipt and evaluation of

information received from the public about the missing

senior citizen, and

f. the procedure for the termination of a silver alert;

and

2. Coordinate with local and statewide media outlets for the

rapid and accurate announcement of a silver alert to the public.
Okla. Stat. tit. 63, § 63-1-1133 — OK Code / Title 63 / Section 63-1-1133
Storage lien
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 590

Every lessor owning or operating a frozen food locker plant or

branch plant shall have a lien upon all property of every kind in

its possession for all reasonable charges and rents thereon and for

the handling, keeping and caring for the same.
Okla. Stat. tit. 63, § 63-123.7 — OK Code / Title 63 / Section 63-123.7
Deposit of monies
Status: in_force

Any fees, administrative penalties or any other monies obtained

by the Department of Mines pursuant to the Oklahoma Explosives and

Blasting Regulation Act shall be deposited in the Department of

Mines Revolving Fund and shall be expended by the Department of

Mines for implementation and enforcement of this part or as

otherwise deemed necessary by the Department for complying with its

responsibilities and duties according to law.
Okla. Stat. tit. 63, § 63-2-324 — OK Code / Title 63 / Section 63-2-324
Permit to possess - Application Fee - Regular report in
Status: in_force

lieu of permit.

A. Any person or business having a legitimate need for using

precursor substances defined in Section 4 of this act, shall apply

in person to the Director of Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control, or his designee, for a permit to possess

such substances each time said substance is obtained.

B. The following must be submitted in person to the Director of

Oklahoma Bureau of Narcotics and Dangerous Drugs Control, or his

designee, to receive a permit for possession of precursor

substances:

1. A driver's license number or other personal identification

certificate number, date of birth, residential or mailing address,

other than a post office box number, and a driver's license or

personal identification card issued by the Department of Public

Safety which contains a photograph of the recipient. In the event

the applicant is a corporation, the information in this paragraph

shall be required of the person making application for the permit.

In addition, the person making application for the permit on behalf

of a corporation shall disclose his relationship to the corporation;

2. A complete description of how the substance is to be used;

and

3. The location where the substance is to be stored and used.

C. The permit shall consist of three parts, including:

1. A copy to be retained by the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control;

2. A copy to be retained by the manufacturer, wholesaler,

retailer, or other person furnishing precursor substances; and

3. A copy to be attached to the container of the precursor

substances and to be kept with the substances at all times.

Oklahoma Statutes - Title 63. Public Health and Safety Page 971

D. The permit shall cost Ten Dollars ($10.00) and shall be

payable to the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control Revolving Fund.

E. The Director may authorize in writing any person or business

to submit a comprehensive monthly report in lieu of the permit

required by this section, if the Director determines that the

recipient has established a record of utilization of the substance

solely for a lawful purpose.
Okla. Stat. tit. 63, § 63-2063d — OK Code / Title 63 / Section 63-2063d
Eligibility
Status: in_force

To be eligible for voluntary community health worker

certification, an individual shall:

1. Be a United States citizen or lawful permanent resident;

2. Be a resident of this state;

3. Be at least eighteen (18) years of age; and

4. Meet the minimum qualifications for certification

promulgated by the State Commissioner of Health under Section 5 of

this act.
Okla. Stat. tit. 63, § 63-1-1914.3 — OK Code / Title 63 / Section 63-1-1914.3
Informal dispute resolution meeting
Status: in_force

A. An informal dispute resolution meeting may be conducted by

the State Department of Health.

B. The State Department of Health shall assign all informal

dispute resolutions to the unit or section charged with performing

survey or inspection activity.
Okla. Stat. tit. 63, § 63-2454 — OK Code / Title 63 / Section 63-2454
Renumbered as § 1-2520 of this title by Laws 1999, c
Status: in_force

156, § 5, eff. Nov. 1, 1999.
Okla. Stat. tit. 63, § 63-2-205 — OK Code / Title 63 / Section 63-2-205
Schedule II characteristics
Status: in_force

Schedule II includes substances with the following

characteristics:

1. High potential for abuse;

Oklahoma Statutes - Title 63. Public Health and Safety Page 921

2. Currently accepted medical use in the United States, or

currently accepted medical use with severe restrictions; and

3. The abuse of the substance may lead to severe psychic or

physical dependence.
Okla. Stat. tit. 63, § 63-430 — OK Code / Title 63 / Section 63-430
Medical marijuana waste disposal license – Screening
Status: in_force

process – Waste disposal facility permit.

A. There is hereby created and authorized a medical marijuana

waste disposal license. A person or entity in possession of a

medical marijuana waste disposal license shall be entitled to

possess, transport and dispose of medical marijuana waste. No

person or entity shall dispose of medical marijuana waste without a

valid medical marijuana waste disposal license. The Oklahoma

Medical Marijuana Authority shall issue licenses upon proper

application by a licensee and determination by the Authority that

the proposed site and facility are physically and technically

suitable. Upon a finding that a proposed medical marijuana waste

disposal facility is not physically or technically suitable, the

Authority shall deny the license. The Authority may, upon

determining that public health or safety requires emergency action,

issue a temporary license for treatment or storage of medical

marijuana waste for a period not to exceed ninety (90) days. The

Authority shall not, until November 1, 2021, issue more than ten

medical marijuana waste disposal licenses. Beginning November 1,

2021, there shall be no limit to the number of medical marijuana

waste disposal licenses issued by the Authority.

B. Entities applying for a medical marijuana waste disposal

license shall undergo the following screening process:

1. Complete an application form, as prescribed by the

Authority, which shall include:

a. an attestation that the applicant is authorized to

make application on behalf of the entity,

b. full name of the organization,

c. trade name, if applicable,

d. type of business organization,

e. complete mailing address,

f. an attestation that the commercial entity will not be

located on tribal land,

g. telephone number and email address of the entity, and

h. name, residential address and date of birth of each

owner and each member, manager and board member, if

applicable;

2. The application for a medical marijuana waste disposal

license made by an individual on his or her own behalf shall be on

Oklahoma Statutes - Title 63. Public Health and Safety Page 1206

the form prescribed by the Authority and shall include, but not be

limited to:

a. the first, middle and last name of the applicant and

suffix, if applicable,

b. the residence address and mailing address of the

applicant,

c. the date of birth of the applicant,

d. the preferred telephone number and email address of

the applicant,

e. an attestation that the information provided by the

applicant is true and correct, and

f. a statement signed by the applicant pledging not to

divert marijuana to any individual or entity that is

not lawfully entitled to possess marijuana; and

3. Each application shall be accompanied by the following

documentation:

a. a list of all persons or entities that have an

ownership interest in the entity,

b. a certificate of good standing from the Secretary of

State, if applicable,

c. an Affidavit of Lawful Presence for each owner,

d. proof that the proposed location of the disposal

facility is at least one thousand (1,000) feet from a

school. The distance indicated in this subparagraph

shall be measured from the nearest property line of

such school to the nearest perimeter wall of the

premises of such disposal facility. If any school is

established within one thousand (1,000) feet of any

disposal facility after such disposal facility has

been licensed, the provisions of this subparagraph

shall not be a deterrent to the renewal of such

license or warrant revocation of the license. For the

purposes of this section, “school” shall mean the same

as provided in Section 427.2 of this title, and

e. documents establishing the applicant, the members,

managers and board members, if applicable, and

seventy-five percent (75%) of the ownership interests

are residents of this state as established in Section

420 et seq. of this title, as it relates to proof of

state residency.

For purposes of this paragraph, “school” means the same as

defined in Section 427.2 of this title.

C. No license shall be issued except upon proof of sufficient

liability insurance and financial responsibility. Liability

insurance shall be provided by the applicant and shall apply to

sudden and nonsudden bodily injury or property damage on, below or

above the surface, as required by the rules promulgated by the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1207

Executive Director. Such insurance shall be maintained for the

period of operation of the facility and shall provide coverage for

damages resulting from operation of the facility during operation

and after closing.

D. Submission of an application for a medical marijuana waste

disposal license shall constitute permission for entry to and

inspection of the facility of the licensee during hours of operation

and other reasonable times. Refusal to permit such entry of

inspection shall constitute grounds for the nonrenewal, suspension

or revocation of a license. The Authority, the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State

Bureau of Investigation, and the Attorney General may perform an

annual unannounced, on-site inspection of the operations and any

facility of the licensee. If the Authority receives a complaint

concerning noncompliance by a licensee with the provisions of the

Oklahoma Medical Marijuana Waste Management Act, the Authority, the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the

Oklahoma State Bureau of Investigation, and the Attorney General may

conduct additional unannounced, on-site inspections beyond the

inspections provided for in Section 427.6 of this title. The

Authority may refer all complaints alleging criminal activity that

are made against a licensed facility to appropriate state or local

law enforcement authorities.

E. The Authority shall issue an annual permit for each medical

marijuana waste disposal facility operated by a licensee. A permit

shall be issued only upon proper application by a licensee and

determination by the Authority that the proposed site and facility

are physically and technically suitable. Upon a finding that a

proposed medical marijuana waste disposal facility is not physically

or technically suitable, the Authority shall deny the permit. The

Authority shall have the authority to revoke a permit upon a finding

that the site and facility are not physically and technically

suitable for processing. The Authority may, upon determining that

public health or safety requires emergency action, issue a temporary

permit for treatment or storage of medical marijuana waste for a

period not to exceed ninety (90) days.

F. The cost of a medical marijuana waste disposal license shall

be Five Thousand Dollars ($5,000.00) for the initial license. The

cost of a medical marijuana waste disposal facility permit shall be

Five Hundred Dollars ($500.00). A medical marijuana waste disposal

facility permit that has been revoked shall be reinstated upon

remittance of a reinstatement fee of Five Hundred Dollars ($500.00)

to restore the facility permit. All license and permit fees shall

be deposited into the Oklahoma Medical Marijuana Authority Revolving

Fund as provided in Section 427.5 of this title.

G. The holder of a medical marijuana waste disposal license

shall not be required to obtain a medical marijuana transporter

Oklahoma Statutes - Title 63. Public Health and Safety Page 1208

license provided for in the Oklahoma Medical Marijuana and Patient

Protection Act for purposes of transporting medical marijuana waste.

H. All commercial licensees, as defined in Section 428.1 of

this title, shall utilize a licensed medical marijuana waste

disposal service to process all medical marijuana waste generated by

the licensee.

I. The Executive Director of the Authority shall promulgate

rules for the implementation of the Oklahoma Medical Marijuana Waste

Management Act. Promulgated rules shall address disposal process

standards, site security and any other subject matter deemed

necessary by the Executive Director.
Okla. Stat. tit. 63, § 63-1-738.2 — OK Code / Title 63 / Section 63-1-738.2
Voluntary and informed consent - Compliance by
Status: in_force

physicians - Confirmation of receipt of medical risk information.

A. No abortion shall be performed in this state except with the

voluntary and informed consent of the woman upon whom the abortion

is to be performed.

B. Except in the case of a medical emergency, consent to an

abortion is voluntary and informed if and only if:

1. a. not less than seventy-two (72) hours prior to the

performance of the abortion, the woman is told the

following, by telephone or in person, by the physician

who is to perform the abortion, or by a referring

physician, or by an agent of either physician:

(1) the name of the physician who will perform the

abortion,

(2) the medical risks associated with the particular

abortion procedure to be employed,

(3) the probable gestational age of the unborn child

at the time the abortion is to be performed,

(4) the medical risks associated with carrying her

child to term, and

(5) that ultrasound imaging and heart tone monitoring

that enable the pregnant woman to view her unborn

child or listen to the heartbeat of the unborn

child are available to the pregnant woman. The

physician or agent of the physician shall inform

the pregnant woman that the website and printed

materials described in Section 1-738.3 of this

title, contain phone numbers and addresses for

facilities that offer such services at no cost,

b. the information required by this paragraph may be

provided by telephone without conducting a physical

examination or tests of the woman. If the information

Oklahoma Statutes - Title 63. Public Health and Safety Page 323

is supplied by telephone, the information shall be

based on facts supplied to the physician,

c. the information required by this paragraph shall not

be provided by a tape recording, but shall be provided

during a consultation in which the physician is able

to ask questions of the woman and the woman is able to

ask questions of the physician,

d. if a physical examination, tests, or other new

information subsequently indicates, in the medical

judgment of the physician, the need for a revision of

the information previously supplied to the woman, that

revised information may be communicated to the woman

at any time prior to the performance of the abortion,

and

e. nothing in subparagraph a of this paragraph may be

construed to preclude provision of the required

information in a language understood by the woman

through a translator;

2. Not less than seventy-two (72) hours prior to the abortion,

the woman is informed, by telephone or in person, by the physician

who is to perform the abortion, by a referring physician, or by an

agent of either physician:

a. that medical assistance benefits may be available for

prenatal care, childbirth, and neonatal care,

b. that the father is liable to assist in the support of

her child, even in instances in which the father has

offered to pay for the abortion,

c. that:

(1) she has the option to review the printed

materials described in Section 1-738.3 of this

title,

(2) those materials have been provided by the State

Board of Medical Licensure and Supervision, and

(3) they describe the unborn child and list agencies

that offer alternatives to abortion, and

d. (1) if the woman chooses to exercise her option to

view the materials in a printed form, they shall

be mailed to her, by a method chosen by the

woman, or

(2) if the woman chooses to exercise her option to

view the materials via the Internet, the woman

shall be informed at least seventy-two (72) hours

before the abortion of the specific address of

the Internet website where the material can be

accessed.

The information required by this paragraph may be provided by a

tape recording if provision is made to record or otherwise register

Oklahoma Statutes - Title 63. Public Health and Safety Page 324

specifically whether the woman does or does not choose to review the

printed materials;

3. The woman certifies in writing, prior to the abortion, that

she has been told the information described in subparagraph a of

paragraph 1 of this subsection and in subparagraphs a, b and c of

paragraph 2 of this subsection and that she has been informed of her

option to review or reject the printed information described in

Section 1-738.3 of this title; and

4. Prior to the abortion, the physician who is to perform the

abortion or the agent of the physician receives a copy of the

written certification prescribed by paragraph 3 of this subsection.

C. The State Board of Medical Licensure and Supervision and the

State Board of Osteopathic Examiners shall promulgate rules to

ensure that physicians who perform abortions and referring

physicians or agents of either physician comply with all the

requirements of this section.

D. Before the abortion procedure is performed, the physician

shall confirm with the patient that she has received information

regarding:

1. The medical risks associated with the particular abortion

procedure to be employed;

2. The probable gestational age of the unborn child at the time

the abortion is to be performed; and

3. The medical risks associated with carrying the unborn child

to term.
Okla. Stat. tit. 63, § 63-1-1923.1 — OK Code / Title 63 / Section 63-1-1923.1
Residents and Family State Council - Toll free
Status: in_force

hotline.

The State Department of Health shall:

1. Establish a Residents and Family State Council which shall

be composed of fifteen (15) members who are, or who have been within

the last twelve (12) months, residents, family members, resident

volunteer representatives or guardians of residents of nursing

facilities licensed pursuant to the Nursing Home Care Act, but shall

not include persons representing residents in facilities for the

developmentally disabled. The Council shall annually elect a chair

and vice-chair, and shall meet at least quarterly. Meetings shall

be conducted in the various areas of the state with at least one

meeting in each of the four quadrants of the state to allow for

participation by family members and residents where possible. The

members of the Council shall be reimbursed pursuant to the State

Travel Reimbursement Act. The Council may present recommendations

to the Long-Term Care Facility Advisory Board created in Section 1-

1923 of this title and shall have the power and duty to advise the

State Department of Health concerning the development and

improvement of services to and care and treatment of residents of

facilities subject to the provisions of the Nursing Home Care Act

and make recommendations to the Department as necessary and

appropriate. The members shall serve at the pleasure of the State

Commissioner of Health; and

2. Establish a toll free, twenty-four-hour hotline for filing

of complaints against facilities licensed pursuant to the provisions

of the Nursing Home Care Act.
Okla. Stat. tit. 63, § 63-1-208 — OK Code / Title 63 / Section 63-1-208
Funds for operation of health departments
Status: reserved

A. It shall be the duty of the county excise board of each

county if funds are available to make necessary appropriations to

provide sufficient funds to pay the amounts due under any agreement

entered into by the county board of health, or by any city, town, or

school district of the county, for or in connection with a district

department of health or a cooperative department of health; and such

Oklahoma Statutes - Title 63. Public Health and Safety Page 105

funds shall be accounted for, obligated, expended and disbursed as

directed by the State Commissioner of Health, who may require any or

all such funds to be combined with others to be used for similar or

related purposes.

B. The Commissioner may enter into agreements with county

boards of health, and with city-county boards of health, whereby

state funds will be used in conjunction with county funds for the

operation of county, district, cooperative and city-county

departments of health. The Commissioner may pay such funds on a

reimbursement or percentage of budgetary expenditures basis, or

other basis; and if directed to do so by the Commissioner, the

county clerk shall add the amount of any such funds to specified

items of appropriation, and no further action or appropriation by

the county excise board shall be required to make such funds

available for expenditure.

C. Counties may, for the purposes of enhancing access to health

initiatives and maximizing operational impact, agree to combine

resources including county millage in a manner designating one

county as the operational hub. In doing so, the millage provided by

each county within the consortium shall be expended or reserved for

the county of origin, ensuring each county's millage investment is

expended for the benefit of the county residents.
Okla. Stat. tit. 63, § 63-1-740.4a — OK Code / Title 63 / Section 63-1-740.4a
Report of procedure - Contents - Submission - Late
Status: in_force

fee - Public report - Rules - Failure to post public report -

Attorneys fees.

A. Any physician performing an abortion upon an unemancipated

minor shall complete and electronically transmit to the State

Department of Health a report of the procedure within thirty (30)

days after having performed the abortion. Within ninety (90) days

after this act becomes law, the State Department of Health shall

prepare and make available on its stable Internet web site the

reporting forms for this purpose to all physicians required to be

licensed in this state and health facilities licensed in accordance

with Section 1-702 of Title 63 of the Oklahoma Statutes. The

reporting form regarding the minor receiving the abortion shall

include, but not be limited to:

1. Age;

2. Educational level;

3. Number of previous pregnancies;

4. Number of previous live births;

5. Number of previous abortions;

6. Complications, if any, of the abortion being reported;

7. The city and county in which the abortion was performed;

8. Whether a parent gave consent to the physician, or an agent

of the physician, pursuant to Section 1-740.2 of Title 63 of the

Oklahoma Statutes; or

9. Whether the physician performed the abortion without first

obtaining the consent of the parent of the minor as described in

Section 1-740.2 of Title 63 of the Oklahoma Statutes; if so:

a. whether the minor was emancipated,

b. whether the abortion was performed because of a

medical emergency,

c. whether the abortion was performed to prevent the

death of the minor,

d. whether the parent was notified after the performance

of a medical emergency abortion, and

e. whether the parent was notified after the performance

of an abortion to prevent the death of the minor;

10. Whether a judicial waiver was obtained after the

performance of a medical emergency abortion; and

11. Whether a judicial waiver was obtained after the

performance of an abortion to prevent the death of the minor.

B. The State Department of Health shall ensure that the

reporting forms described in this section, together with a reprint

of this act, are posted on its stable Internet web site, within one

hundred twenty (120) days after the effective date of this act. The

State Department of Health shall notify:

Oklahoma Statutes - Title 63. Public Health and Safety Page 370

1. Each physician who subsequently becomes newly licensed to

practice in this state, simultaneously with the receipt of official

notification to that physician that the physician is so licensed, of

the requirements of this act; and

2. By December 1 of every year, other than the calendar year in

which forms are made available in accordance with subsection A of

this section, all physicians licensed to practice in this state.

C. By February 28 of each year following a calendar year in any

part of which this act was in effect, each physician, or agent of a

physician, who obtained the consent described in Section 1-740.2 of

Title 63 of the Oklahoma Statutes, and any physician who knowingly

performed an abortion upon a pregnant minor or upon a female for

whom a guardian or conservator had been appointed pursuant to

applicable federal law or as provided by Section 1-113 of Title 30

of the Oklahoma Statutes because of incompetency during the previous

calendar year shall complete and electronically submit to the State

Department of Health the form described in subsection A of this

section, with the requested data entered accurately and completely.

Any such report shall not contain the name, address, or other

information by which the minor receiving the abortion may be

identified.

D. Reports that are not submitted by the end of a grace period

of thirty (30) days following the due date shall be subject to a

late fee of Five Hundred Dollars ($500.00) for each additional

thirty-day period or portion of a thirty-day period the reports are

overdue. Any physician required to report in accordance with this

section who has not electronically submitted a report, or has

electronically submitted only an incomplete report, more than one

(1) year following the due date, may, in an action brought by the

State Department of Health, be directed by a court of competent

jurisdiction to submit a complete report within a period stated by

court order or be subject to sanctions for civil contempt.

E. By June 30 of each year, the State Department of Health

shall post, on its stable Internet web site, a public report

providing statistics for the previous calendar year compiled from

all of the reports covering that year submitted in accordance with

this section for each of the items listed in subsection A of this

section. The report shall also include statistics giving the total

number of petitions or motions filed under Section 1-740.3 of Title

63 of the Oklahoma Statutes and of that number:

1. The number in which the court appointed a guardian ad litem;

2. The number in which the court appointed counsel;

3. The number in which the judge issued an order authorizing an

abortion without notification; and

4. The number in which the judge denied such an order, and of

this:

a. the number of denials from which an appeal was filed,

Oklahoma Statutes - Title 63. Public Health and Safety Page 371

b. the number of the appeals that resulted in the denial

being affirmed, and

c. the number of appeals that resulted in reversals of

the denials.

Each report shall also provide the statistics for all previous

calendar years for which the public statistical report was required

to be issued, adjusted to reflect any additional information from

late or corrected reports. The State Department of Health shall

take care to ensure that none of the information included in the

public reports could reasonably lead to the identification of any

individual female.

F. The State Department of Health may promulgate rules in

accordance with the Administrative Procedures Act to alter the dates

established by this section or consolidate the forms or reports to

achieve administrative convenience, fiscal savings, or to reduce the

burden of reporting requirements, as long as reporting forms are

made available on its web site, to all licensed physicians in the

state at least once every year and the report described in

subsection E of this section is posted at least once every year.

G. If the State Department of Health fails to post the public

report required by subsection E of this section, an action may be

initiated pursuant to Title 12 of the Oklahoma Statutes.

H. If judgment is rendered in favor of the plaintiff in any

action described in this section, the court shall also render

judgment for a reasonable attorney fee in favor of the plaintiff

against the defendant. If judgment is rendered in favor of the

defendant and the court finds that the plaintiff’s suit was

frivolous and brought in bad faith, the court shall also render

judgment for a reasonable attorney fee in favor of the defendant

against the plaintiff.
Okla. Stat. tit. 63, § 63-683.12 — OK Code / Title 63 / Section 63-683.12
Mutual aid arrangements for reciprocal emergency
Status: in_force

management.

A. The Director of each local organization for emergency

management may, in collaboration with other public and private

agencies within this state, develop or cause to be developed mutual

aid arrangements for reciprocal emergency management aid and

assistance in case of disaster too great to be dealt with

unassisted. Such arrangements shall be consistent with the state

emergency management plan and program, and in time of emergency it

shall be the duty of each local organization for emergency

management to render assistance in accordance with the provisions of

such mutual aid arrangements.

B. The Director of each local organization for emergency

management may, subject to the approval of the Governor, enter into

mutual aid arrangements with emergency management agencies or

organizations in other border states for reciprocal emergency

management aid and assistance in case of disaster too great to be

dealt with unassisted.
Okla. Stat. tit. 63, § 63-2257 — OK Code / Title 63 / Section 63-2257
Renumbered as § 1-2413 of Title 63 by Laws 1990, c. 217,
Status: in_force

§ 10, eff. Sept. 1, 1990 and Laws 1990, c. 225, § 11, eff. Sept. 1,

1990.
Okla. Stat. tit. 63, § 63-683.1 — OK Code / Title 63 / Section 63-683.1
Citation
Status: in_force

This act may be cited as the “Oklahoma Emergency Management Act

of 2003”.
Okla. Stat. tit. 63, § 63-1-531 — OK Code / Title 63 / Section 63-1-531
Certificates of freedom from infection
Status: in_force

It shall be unlawful for physicians, health officers, and other

persons to issue certificates of freedom from sexually transmitted

infection (STI), except as authorized by law and the rules and

regulations of the State Board of Health.
Okla. Stat. tit. 63, § 63-1-103a.1 — OK Code / Title 63 / Section 63-1-103a.1
Public Health Advisory Councils
Status: in_force

A. To assist and advise the State Commissioner of Health and

the State Department of Health, there are hereby created:

1. The Consumer Protection Licensing Advisory Council;

2. The Trauma and Emergency Response Advisory Council;

3. The Infant and Children’s Health Advisory Council;

4. The Advancement of Wellness Advisory Council; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 63

5. The Home Care, Hospice and Palliative Care Advisory Council.

B. 1. Except for the Home Care, Hospice and Palliative Care

Advisory Council and the Advancement of Wellness Advisory Council,

each Public Health Advisory Council (Advisory Council) created

pursuant to subsection A of this section shall consist of seven (7)

members. Two members shall be appointed by the Governor, two

members shall be appointed by the Speaker of the House of

Representatives, two members shall be appointed by the President Pro

Tempore of the Senate, and one member shall be appointed by the

Commissioner. Appointments shall be for three-year terms. Members

of the Advisory Councils shall serve at the pleasure of and may be

removed from office by the appointing authority. Members shall

continue to serve until their successors are appointed. Any vacancy

shall be filled in the same manner as the original appointments.

Four members shall constitute a quorum.

2. The Home Care, Hospice and Palliative Care Advisory Council

shall consist of nine (9) members. Two members shall be appointed

by the Governor, three members shall be appointed by the Speaker of

the House of Representatives, three members shall be appointed by

the President Pro Tempore of the Senate and one member shall be

appointed by the Commissioner. Five members shall constitute a

quorum.

3. The Advancement of Wellness Advisory Council shall consist

of ten (10) members. Three members shall be appointed by the

Governor, three members shall be appointed by the President Pro

Tempore of the Senate, three members shall be appointed by the

Speaker of the House of Representatives, and one member shall be

appointed by the Commissioner. Six members shall constitute a

quorum.

4. Each Advisory Council shall meet at least twice a year, but

no more than four times a year and shall elect a chair, a vice

chair, and a secretary from among its members. Each Advisory

Council shall only meet as required for election of officers,

establishment of meeting dates and times; rule development, review,

and recommendation; and adoption of nonbinding resolutions to the

Department or the Commissioner concerning matters brought before the

Advisory Council. Special meetings may be called by the chair or by

the concurrence of any three members.

C. 1. All members of the Consumer Protection Licensing

Advisory Council shall be knowledgeable of certain consumer issues

as specified below. The Consumer Protection Licensing Advisory

Council shall be composed as follows:

a. the Governor shall appoint:

(1) one member who is a licensed radiologist

assistant, and

(2) one member who is a licensed audiologist,

b. the President Pro Tempore of the Senate shall appoint:

Oklahoma Statutes - Title 63. Public Health and Safety Page 64

(1) one member who is a licensed radiologist, and

(2) one member representing the hearing-aid-fitting

industry,

c. the Speaker of the House of Representatives shall

appoint:

(1) one member representing the medical

micropigmentation industry, and

(2) one member representing the hearing-impaired

public, and

d. the Commissioner shall appoint one member representing

a diagnostic x-ray facility.

2. The jurisdiction areas of the Consumer Protection Licensing

Advisory Council shall include the hearing-aid-fitting industry, the

medical micropigmentation industry, the radiation industry, and such

other areas as designated by the Commissioner.

D. 1. All members of the Trauma and Emergency Response

Advisory Council shall be knowledgeable of issues that arise in a

hospital setting and issues that arise concerning emergency

response. The Trauma and Emergency Response Advisory Council shall

be composed as follows:

a. the Governor shall appoint:

(1) one member who is an administrative director of a

licensed ambulance service, and

(2) one member who is a board-certified emergency

physician,

b. the President Pro Tempore of the Senate shall appoint:

(1) one member who is a representative from a

hospital with trauma and emergency services, and

(2) one member who is a trauma surgeon with

privileges at a hospital with trauma and

emergency operative services,

c. the Speaker of the House of Representatives shall

appoint:

(1) one member representing the trauma registrar of a

licensed hospital that is classified as providing

trauma and emergency operative services, and

(2) one member who is an emergency medical

technician, and

d. the Commissioner shall appoint one member who is a

critical care nurse.

2. The jurisdictional areas of the Trauma and Emergency

Response Advisory Council shall include emergency response systems

development, injury prevention, catastrophic health emergency,

trauma systems improvement and development and such other areas

designated by the Commissioner.

E. 1. All members of the Infant and Children’s Health Advisory

Council shall be knowledgeable of issues that arise in the area of

Oklahoma Statutes - Title 63. Public Health and Safety Page 65

infant and children’s health care. The Infant and Children’s Health

Advisory Council shall be composed as follows:

a. the Governor shall appoint:

(1) one member who works for the state or for a

political subdivision on child abuse issues, and

(2) one member who is knowledgeable about childhood

immunizations,

b. the President Pro Tempore of the Senate shall appoint:

(1) one member who is knowledgeable about newborn

screening issues,

(2) one member licensed by the state as an

optometrist who has knowledge of vision screening

for children, and

(3) one member who is a licensed ophthalmologist in

this state with the knowledge of treating visual

deficiencies in children,

c. the Speaker of the House of Representatives shall

appoint:

(1) one member who is licensed by the state as a

physician and works as a pediatrician, and

(2) one member who is licensed by the state as a

genetic counselor, and

d. the Commissioner shall appoint one member who is a

physician licensed by the state who specializes in the

diagnosis and treatment of childhood injuries in a

trauma setting.

2. The jurisdictional areas of the Infant and Children’s Health

Advisory Council shall include all issues that arise in the area of

health care for infants and children and such other areas as

designated by the Commissioner.

F. 1. All members of the Advancement of Wellness Advisory

Council shall be knowledgeable of issues that arise in the area of

advancing the health of all Oklahomans. The Advancement of Wellness

Advisory Council shall be composed as follows:

a. the Governor shall appoint:

(1) one member who is knowledgeable about breast and

cervical cancer issues,

(2) one member who is knowledgeable about organ donor

issues, and

(3) one member who is knowledgeable about

cardiometabolic disease including obesity,

dyslipidemia, hypertension, and diabetes,

b. the President Pro Tempore of the Senate shall appoint:

(1) one member who is mayor of a city or town that

has been designated a certified healthy community

in an urban setting,

Oklahoma Statutes - Title 63. Public Health and Safety Page 66

(2) one member who is the president or chief

operating officer of a business that has been

designated a certified healthy business, and

(3) one member who represents an Urban Indian Health

Center in this state or a nonprofit organization

with a major focus on improving public health for

citizens of federally recognized tribes in this

state,

c. the Speaker of the House of Representatives shall

appoint:

(1) one member who is the mayor of a city or town

that has been designated a certified healthy

community in a rural setting,

(2) one member who is the president or chief

operating officer of a business that has been

designated a certified healthy business in an

urban setting, and

(3) one member who represents a federally recognized

tribe based in this state which maintains a

tribally operated health system, and

d. the Commissioner shall appoint one member who is the

Executive Director of the Tobacco Settlement Endowment

Trust.

2. The jurisdictional areas of the Advancement of Wellness

Advisory Council shall include all issues that arise in the areas of

tobacco usage and cessation, organ and tissue donation,

cardiometabolic disease, American Indian health, the requirements

for a city or town in the state to be designated as a certified

healthy community, the requirements for a business to be designated

as a certified healthy business and such other areas as designated

by the Commissioner.

G. 1. All members of the Home Care, Hospice and Palliative

Care Advisory Council shall be knowledgeable of issues that arise in

the administration and practice of home care, hospice and palliative

care services. The Home Care, Hospice and Palliative Care Advisory

Council shall be composed as follows:

a. the Governor shall appoint:

(1) one member who is the owner or administrator of

an entity licensed in accordance with the

Oklahoma Hospice Licensing Act, and

(2) one member who is an owner or administrator of an

entity licensed in accordance with the Home Care

Act,

b. the President Pro Tempore of the Senate shall appoint:

(1) one member who is an owner or administrator of an

entity licensed in accordance with the Oklahoma

Hospice Licensing Act,

Oklahoma Statutes - Title 63. Public Health and Safety Page 67

(2) one member who is an owner or administrator of an

entity licensed in accordance with the Home Care

Act, and

(3) one member who is a member of the palliative care

patient advocacy community,

c. the Speaker of the House of Representatives shall

appoint:

(1) one member representing the public who is or was

a legal guardian of a recipient of hospice

services,

(2) one member representing the public who is a

recipient or legal guardian of a recipient of

services from a home health agency, and

(3) one member who is an allopathic or osteopathic

physician or nurse certified in palliative care

delivery in this state, and

d. the Commissioner shall appoint one member representing

an association which advocates on behalf of home care

or hospice issues.

2. The jurisdictional areas of the Home Care, Hospice and

Palliative Care Advisory Council shall include all issues that arise

in the areas of home care, hospice services and palliative care,

including, but not limited to:

a. identifying methods that improve the quality and

delivery of home care, hospice and palliative care,

b. reviewing best practices from home care, hospice and

palliative care programs in the state,

c. developing information on home care, hospice and

palliative care issues for the general public, and

d. such other areas as designated by the Commissioner.

H. In addition to other powers and duties assigned to each

Advisory Council pursuant to this section, each Advisory Council,

within its jurisdictional area, shall:

1. Have authority to recommend to the Commissioner rules on

behalf of the Department. The Department shall not have standing to

recommend to the Commissioner permanent rules or changes to such

rules within the jurisdiction of an Advisory Council which have not

been submitted previously to the appropriate Advisory Council for

action;

2. Before recommending any permanent rules to the Commissioner,

give public notice, offer an opportunity for public comment and

conduct a public rulemaking hearing when required by the

Administrative Procedures Act;

3. Have the authority to make nonbinding written

recommendations to the Commissioner or to the Department which have

been concurred upon by at least a majority of the membership of the

Advisory Council;

Oklahoma Statutes - Title 63. Public Health and Safety Page 68

4. Have the authority to provide a public forum for the

discussion of issues it considers relevant to its area of

jurisdiction, and to:

a. pass nonbinding resolutions expressing the sense of

the Advisory Council, and

b. make recommendations to the Commissioner or the

Department concerning the need and the desirability of

conducting meetings, workshops, and seminars; and

5. Cooperate with each other Advisory Council, the public, the

Commissioner, and the Commissioner of Health in order to coordinate

the rules within their respective jurisdictional areas and to

achieve maximum efficiency and effectiveness in furthering the

objectives of the Department.

I. The Advisory Councils shall not recommend rules for

promulgation by the Commissioner unless all applicable requirements

of the Administrative Procedures Act have been followed, including

but not limited to notice, rule-impact statement, and rulemaking

hearings.

J. Members of the Advisory Councils shall serve without

compensation. The Advisory Councils are authorized to utilize the

conference rooms of the Department and obtain administrative

assistance from the Department, as required.
Okla. Stat. tit. 63, § 63-701 — OK Code / Title 63 / Section 63-701
Shooting galleries - Standards and specifications
Status: in_force

(A) Open air shooting galleries constructed from and after the

effective date of this act shall conform to the following standards

and specifications:

(a) There shall be a backstop not less than seven and one-half

(7 1/2) feet high, which shall be constructed of steel of a

thickness not less than U.S. standard eight-gauge steel and shall be

Oklahoma Statutes - Title 63. Public Health and Safety Page 1279

well lapped at the joints; the backstop shall be not less than eight

(8) nor more than twenty-five (25) feet wide.

(b) Attached to each side of the backstop at ninety (90) degree

angles, extending toward the counter, shall be side walls of the

same height as the backstop, which side walls shall be constructed

of steel of a thickness not less than U.S. standard sixteen-gauge

steel and shall be from six (6) to twenty-five (25) feet in length.

In the event the steel side walls do not extend to the counter, the

remaining portion of the side walls shall be so constructed as to

prevent any person from getting into the line of fire.

(c) The inside edge of the counter from which the shooting

takes place shall be placed not less than twenty-five (25) feet from

the backstop or any metal target.

(d) All targets shall be placed not less than twelve (12)

inches from the ends of the backstop, and shall be not less than

twenty-four (24) inches from the top and not less than twelve (12)

inches from the bottom of the backstop.

(B) Closed shooting galleries constructed after the effective

date of this act shall be lawful of any size, provided that closed

shooting galleries shall be constructed so that they at least

conform to the minimum requirements of open air shooting galleries.
Okla. Stat. tit. 63, § 63-485.4 — OK Code / Title 63 / Section 63-485.4
Oklahoma Cerebral Palsy Commission - Gifts and bequests
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1213

The Oklahoma Cerebral Palsy Commission is authorized to accept

and receive gifts and bequests of money and property, both real and

personal, which may be tendered by will or gift, conditionally or

unconditionally, for the use of the Commission in the exercise of

its powers and duties described in this act. The Commission shall

administer the property or funds in the manner consistent with the

terms of the gift and provisions of law. The Commission is hereby

directed, authorized, and empowered to hold such funds in trust or

invest them and use either principal or interest in keeping with the

terms of the gift as stipulated by the donors for the sole benefit

of the Commission in the performance of its duties provided herein.
Okla. Stat. tit. 63, § 63-1-860.8 — OK Code / Title 63 / Section 63-1-860.8
Inspections and investigations
Status: in_force

Any duly authorized officer or employee of the Department shall

have the right to conduct such inspections and investigations as are

necessary in order to determine the state of compliance with the

provisions of the Oklahoma Hospice Licensing Act and with the rules

and regulations in force pursuant hereto. The right of inspection

shall also extend to any person who the Department has reason to

believe is offering or advertising hospice service without a

license. Any application for a license or renewal thereof made

pursuant to the Oklahoma Hospice Licensing Act shall constitute

authorization for any inspection of the hospice for which the

license is sought in order to facilitate verification of the

information submitted on or in connection with the application.
Okla. Stat. tit. 63, § 63-1-1301.35 — OK Code / Title 63 / Section 63-1-1301.35
Food establishments - notice
Status: in_force

A. No food establishment shall place before any patron or

employee any Mello-drink product for use as beverage, unless any

such Mello-drink product or products are clearly identified, in

their original containers, as such or such identification shall be

printed on each menu furnished to such patrons and employees, if not

served in their original container, in legible type of such size as

is used to denote the use of margarine on the menu.

Oklahoma Statutes - Title 63. Public Health and Safety Page 602

B. No food establishment shall serve a Mello-drink product from

a bulk dispenser or container of the type customarily used for or

associated with or which may be associated with a milk product,

unless the bulk dispenser or container is prominently labeled

"Mello-drink product".
Okla. Stat. tit. 63, § 63-1-229.24 — OK Code / Title 63 / Section 63-1-229.24
Distribution of administrative fines to
Status: in_force

municipalities.

For violations of the Prevention of Youth Access to Tobacco Act

which occur in a municipality that has adopted ordinances

prohibiting and penalizing conduct under provisions of the

Prevention of Youth Access to Tobacco Act, thirty-five percent (35%)

of each administrative fine imposed by the Alcoholic Beverage Laws

Enforcement (ABLE) Commission pursuant to the Prevention of Youth

Access to Tobacco Act shall be remitted to such municipality.
Okla. Stat. tit. 63, § 63-938 — OK Code / Title 63 / Section 63-938
Types of deaths to be investigated - Autopsies
Status: in_force

A. All human deaths of the types listed herein shall be

investigated as provided by law:

1. Violent deaths, whether apparently homicidal, suicidal, or

accidental;

2. Deaths under suspicious, unusual or unnatural circumstances;

3. Deaths related to disease which might constitute a threat to

public health;

4. Deaths unattended by a licensed physician for a fatal or

potentially fatal illness;

5. Deaths that are medically unexpected and that occur in the

course of a therapeutic procedure;

6. Deaths of any persons detained or occurring in custody of

the Department of Corrections or a county jail;

7. Deaths of persons whose bodies are to be cremated,

transported out of the state, donated to educational entities, to

include limited portions of the body, or otherwise made ultimately

unavailable for pathological study; and

8. Maternal deaths that occur during pregnancy or within one

(1) year of termination of pregnancy reported by a hospital or

birthing center under Section 2 of this act.

B. The Chief Medical Examiner shall state on the certificate of

death of all persons whose death was caused by execution pursuant to

Oklahoma Statutes - Title 63. Public Health and Safety Page 1285

a lawful court order that the cause of death was the execution of

such order.
Okla. Stat. tit. 63, § 63-1-873 — OK Code / Title 63 / Section 63-1-873
Licensure requirements and standards - Centers required
Status: in_force

to be licensed.

A. The State Commissioner of Health, with the advice of the

Long-Term Care Facility Advisory Board, created pursuant to Section

1-1923 of this title, shall define minimum adult day care licensure

requirements and rules including standards for:

1. Health and social services which may be provided to

participants;

2. The range of services to be provided by a center based on

the type of participants to be served;

3. Staff to participant ratios;

4. Staff and volunteer qualifications;

5. Staff training;

6. Food services;

Oklahoma Statutes - Title 63. Public Health and Safety Page 534

7. Participant records and care plans;

8. Antidiscrimination policies;

9. Sanitary and fire standards; and

10. Any other requirements necessary to ensure the safety and

well-being of frail elderly and disabled adults.

B. Centers to be licensed shall include all adult day care

centers. Sheltered workshops and senior recreational centers which

do not receive participant fees for services are not required to be

licensed. It shall be unlawful to operate a center without first

obtaining a license for such operation as required by the Adult Day

Care Act, regardless of other licenses held by the operator.

Organizations operating more than one center shall obtain a license

for each site.

C. The license for operation of a center shall be issued by the

State Department of Health. The license shall:

1. Not be transferable or assignable;

2. Be posted in a conspicuous place on the licensed premises;

3. Be issued only for the premises named in the application;

and

4. Expire thirty-six (36) months from the date of issuance,

provided an initial license shall expire one hundred eighty (180)

days after the date of issuance. Licenses may be issued for a

period of more than twelve (12) months, but not more than thirty-six

(36) months, for the licensing period immediately following November

1, 2021, in order to permit an equitable distribution of license

expiration dates to all months of the year.

D. A center shall meet the safety, sanitation and food service

standards of the State Department of Health.

E. Local health, fire and building codes relating to adult day

care centers shall be classified as an education use group.

F. The issuance or renewal of a license after notice of a

violation has been sent shall not constitute a waiver by the State

Department of Health of its power to subsequently revoke the license

or take other enforcement action for any violations of the Adult Day

Care Act committed prior to issuance or renewal of the license.
Okla. Stat. tit. 63, § 63-1-1962a — OK Code / Title 63 / Section 63-1-1962a
Certification of home care agency administrators
Status: in_force

A. 1. The State Board of Health shall have authority to

determine the qualifications, skill and fitness of any person

employed to serve as an administrator of a home care agency. The

State Board of Health in promulgating rules pursuant to this section

may consider advice and comments from representatives of home care

agencies, home care agency administrators and representatives of

statewide organizations for home care agency clients.

2. The State Board of Health shall develop standards which must

be met by individuals in order to receive certification as a home

Oklahoma Statutes - Title 63. Public Health and Safety Page 785

health agency administrator, which standards shall be designed to

ensure that home health agency administrators will be individuals

who are of good character and are suitable, and who, by training or

experience, are qualified to serve as home health agency

administrators.

B. The State Department of Health, pursuant to rules

promulgated by the Board, shall:

1. Develop and apply appropriate techniques, including

examinations and investigations, for determining whether an

individual meets such standards as established in paragraph 2 of

subsection A of this section;

2. Certify individuals determined, after the application of

such techniques, to meet such standards, and revoke or suspend

certification previously issued by the Department in any case where

the individual holding any such certification is determined

substantially to have failed to conform to the requirements of such

standards;

3. Establish and carry out procedures designed to ensure that

individuals certified as home health agency administrators will,

during any period that they serve as such, comply with the

requirements of such standards; and

4. Receive, investigate, and take appropriate action with

respect to any charge or complaint filed with the Department to the

effect that any individual certified as a home care agency

administrator has failed to comply with the requirements of such

standards.

C. 1. In order to further ensure minimum standards for

certification, the Board shall require a home care agency

administrator to receive education or training which shall include,

but not be limited to, training in administration, supervision,

fiscal management, ethics, community relations, public information

and human relations, concerning the issues associated with the

operation of home care agencies and programs. Any person employed

as an administrator after November 1, 1996, shall have completed the

education or training specified by this subsection.

2. On and after August 1, 1997, proof of successful completion

of the education, training or continuing education, as applicable,

for the home care agency administrator shall be required prior to

issuance or renewal of a license for a home care agency pursuant to

the provisions of the Home Care Act.

D. It shall be unlawful and a misdemeanor for any person to act

or serve in the capacity as a home care agency administrator unless

such individual is the holder of a certification as a home care

agency administrator, issued in accordance with the provisions of

the Home Care Act.

E. Each person certified as a home care agency administrator

pursuant to the provisions of this section shall be required to pay

Oklahoma Statutes - Title 63. Public Health and Safety Page 786

an annual certification fee in an amount to be determined by the

State Board of Health not to exceed Two Hundred Dollars ($200.00).

Each such certificate shall expire on the 31st day of July following

its issuance and shall be renewable for twelve (12) months beginning

August 1, upon payment of the annual certification fee.

F. In addition to the annual certification fees, the State

Board of Health may impose fees for training or education programs

conducted or approved by the Board.

G. All revenues collected as a result of fees authorized in

this section and imposed by the Board shall be deposited into the

Public Health Special Fund.
Okla. Stat. tit. 63, § 63-1-2304 — OK Code / Title 63 / Section 63-1-2304
Renumbered as § 2-10-801 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-141.8 — OK Code / Title 63 / Section 63-141.8
Renumbered as § 124.7 of this title by Laws 1995, c
Status: in_force

344, § 33, eff. Nov. 1, 1995.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1080
Okla. Stat. tit. 63, § 63-3241.6 — OK Code / Title 63 / Section 63-3241.6
Implementation of Supplemental Hospital Offset Payment
Status: in_force

Program Act.

A. The Oklahoma Health Care Authority shall submit to the

Hospital Advisory Committee a proposed state plan amendment to

implement the requirements of the Supplemental Hospital Offset

Payment Program Act, including the payment of hospital access

payments under Section 4 of this act no later than forty-five (45)

days after the effective date of this act, and shall submit the

state plan amendment to the Centers for Medicare and Medicaid

Services after consideration of the input and recommendations of the

Hospital Advisory Committee.

B. If the state plan amendment is not approved by the Centers

for Medicare and Medicaid Services, the Authority shall:

1. Not implement the assessment imposed under the Supplemental

Hospital Offset Payment Program Act; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1558

2. Return any fees to hospitals that paid the fees if any such

fees have been collected.
Okla. Stat. tit. 63, § 63-4107 — OK Code / Title 63 / Section 63-4107
Tax in lieu of all other taxes - Sales tax on unattached
Status: in_force

accessories.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1655

A. The excise tax levied by the Oklahoma Vessel and Motor

Excise Tax Act is in lieu of all other taxes on the transfer or the

first registration in this state of vessels and motors, including

the optional equipment and accessories attached thereto at the time

of the sale and sold as a part thereof, except:

1. Vessel and motor registration fees levied pursuant to the

provisions of the Oklahoma Vessel and Motor Registration Act; and

2. Any fees for the issuance of either an original, renewal,

transfer or duplicate certificate of title.

B. This section shall not relieve any vessel or motor dealer

from liability for the sales tax on all sales of accessories or

optional equipment, or parts, which are not attached to and sold as

a part thereof and included in the sale of such vessels or motors.
Okla. Stat. tit. 63, § 63-3273 — OK Code / Title 63 / Section 63-3273
Purposes - Legislative findings
Status: in_force

A. The purposes of the Oklahoma State University Medical

Authority Act are to provide for an effective and efficient

administration, to ensure a dependable source of funding, and to

effectuate the mission and purposes of the Oklahoma State University

Medical Authority. The mission and purposes of the Oklahoma State

University Medical Authority are to support and upon a declaration

of necessity, to serve as teaching and training facilities for

students enrolled at the Oklahoma State University Center for Health

Sciences, upon a declaration of necessity, to acquire and provide a

site for conducting medical and biomedical research by faculty

members of the Oklahoma State University Center for Health Sciences

and to facilitate and upon a declaration of necessity, to provide

care for the patients of Oklahoma State University Center for Health

Sciences physician trainers. The Oklahoma State University Medical

Authority shall maintain a close affiliation with the Oklahoma State

University Center for Health Sciences and shall coordinate their

operations and activities in a cooperative manner.

B. The Legislature finds that the needs of the citizens of this

state and the needs of the Oklahoma State University Center for

Health Sciences will be best served by an Authority charged with the

mission of supporting the Graduate Medical Education programs of the

Oklahoma State University Center for Health Sciences, entering into

Academic Affiliation Agreements in support of Oklahoma State

University physician and healthcare training programs, operating or

leasing the operations of the teaching hospital or hospitals for the

benefit of the Oklahoma State University Center for Health Sciences

and providing care for the patients of Oklahoma State University

physician trainers.

C. The Board of Regents for the Oklahoma Agricultural and

Mechanical Colleges shall retain full power to govern the personnel,

curriculum and facilities of the Oklahoma State University Center

for Health Sciences.
Okla. Stat. tit. 63, § 63-485.3 — OK Code / Title 63 / Section 63-485.3
J.D. McCarty Center for Children with Developmental
Status: in_force

Disabilities - Establishment and maintenance - Contracts - Payments

- Power of Commission - Legal representation – Sale of surplus

property and fixtures.

A. The Oklahoma Cerebral Palsy Commission is hereby authorized

and empowered to:

1. Establish and maintain the J.D. McCarty Center for Children

with Developmental Disabilities, to provide care, maintenance,

training, treatment, habilitation and rehabilitation of persons

afflicted with cerebral palsy and other developmental disabilities

within such institute;

2. Set fees and charges for patient services;

3. Provide care, maintenance, training, treatment and

rehabilitation services to children not afflicted with cerebral

palsy or developmental disabilities but who may benefit from the

services available from the J.D. McCarty Center for Children with

Developmental Disabilities, as determined to be practicable by the

Oklahoma Cerebral Palsy Commission;

4. Provide services to any adults who may benefit from services

available from the J.D. McCarty Center for Children with

Developmental Disabilities, as determined to be practicable by the

Oklahoma Cerebral Palsy Commission; provided, that services to

adults shall not diminish any services available to children;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1212

5. Enter into contracts for the purchase of real estate or

other property and to buy or sell real estate, personal property and

equipment necessary or incidental to the carrying out of the

provisions of Sections 485.1 through 485.11 of this title; and

6. Enter into contracts with the Commission for Human Services

and with other agencies of the state and of the counties in

furtherance of the provisions of Sections 485.1 through 485.11 of

this title; provided, the Oklahoma Cerebral Palsy Commission shall

receive from the Commission for Human Services payments aggregating

a minimum of One Hundred Thousand Dollars ($100,000.00) annually

from funds set aside in the Children with Special Health Care Needs

Program; and provided further, the Oklahoma Cerebral Palsy

Commission may negotiate with the Commission for Human Services or

its successors for additional payments above One Hundred Thousand

Dollars ($100,000.00) from such funds.

B. The Commission shall be charged with the duties of

management and control of the J.D. McCarty Center for Children with

Developmental Disabilities and shall have power to sue or be sued in

its own name.

C. The Attorney General shall furnish the Commission with legal

representation. The Commission shall not contract for private legal

counsel except for extraordinary situations other than normal day-

to-day situations, and when approved by the Attorney General.

D. For the purposes of moving the J.D. McCarty Center for

Children with Developmental Disabilities to its new facilities, the

Oklahoma Cerebral Palsy Commission may sell surplus property and

fixtures. Such sale of surplus property and fixtures shall be

exempt from Sections 62.2 through 62.6 of Title 74 of the Oklahoma

Statutes. The Commission shall sell such surplus property and

fixtures at fair market value as determined by the members of the

Commission. The process for the sale and transfer of title shall

originate with the Commission. All proceeds from such sale of the

property and fixtures shall be deposited into the J.D. McCarty

Center for Children with Developmental Disabilities Revolving Fund.maintenance - Contracts - Payments - Power of Commission - Legal representation – Sale of surplus
Okla. Stat. tit. 63, § 63-4233 — OK Code / Title 63 / Section 63-4233
Exceptions to certification requirement
Status: in_force

Except as otherwise provided, a person is not required to comply

with the certification required by Section 2 of this act if the

person:

1. Is not a resident of this state and has proof the person has

successfully completed a boating safety education course or

equivalency examination in another state or foreign country that is

approved by the Department of Public Safety;

2. Is participating in a sanctioned event as defined in Section

4201 et seq. of this title; or

3. Is operating a personal watercraft as defined in Section

4201 et seq. of this title in a no-wake zone while under the

supervision of an adult.