Okla. Stat. tit. 63, § 63-3122 — OK Code / Title 63 / Section 63-3122
Declaration of death
Status: in_force

An individual who has sustained either:

1. irreversible cessation of circulatory and respiratory

functions, or

2. irreversible cessation of all functions of the entire brain,

including the brain stem,

is dead. A determination of death must be made in accordance with

accepted medical standards; provided however all reasonable attempts

to restore spontaneous circulatory or respiratory functions shall

first be made, prior to such declaration.
Okla. Stat. tit. 63, § 63-1-729.1 — OK Code / Title 63 / Section 63-1-729.1
Physician presence for abortion-inducing drugs
Status: in_force

When RU-486 (mifepristone) or any other drug or chemical is used

for the purpose of performing or inducing an abortion, the physician

who is prescribing, dispensing, or otherwise providing the drug or

chemical shall be physically present, in person, in the same room as

the patient when the drug or chemical is first provided to the

patient.
Okla. Stat. tit. 63, § 63-951 — OK Code / Title 63 / Section 63-951
Transporting of bodies for autopsy or scientific tests
Status: in_force

The Chief Medical Examiner shall maintain a contract transport

service authorized to transport bodies of deceased persons of whose

death he or she is officially informed to an appropriate place for

autopsy or for the performance of scientific tests; provided that,

after the autopsy shall have been performed or such tests made, the

bodies of such deceased persons shall be returned to the county from

Oklahoma Statutes - Title 63. Public Health and Safety Page 1301

which they were brought, or, when so authorized by the district

attorney of the county and upon request of the nearest relative of

the deceased or other person who may be responsible for burial, the

body may be transported to some place other than the county. The

Chief Medical Examiner or his or her designee may authorize payment

for the services in transporting the body to the place designated

for autopsy, which shall be submitted upon a claim filed with the

Board of Medicolegal Investigations.
Okla. Stat. tit. 63, § 63-5051.2 — OK Code / Title 63 / Section 63-5051.2
Right to reimbursement for medical services -
Status: in_force

Assignment to Oklahoma Health Care Authority.

A. Whenever the Oklahoma Health Care Authority pays for medical

services or renders medical services, for or on behalf of a person

who has been injured or suffered an illness or disease, the right of

the provider of the services to reimbursement shall be automatically

assigned to the Oklahoma Health Care Authority, upon notice to the

insurer or other party obligated as a matter of law or agreement to

reimburse the provider on behalf of the patient.

B. Upon the assignment, the Authority, for purposes of the

claim for reimbursement, becomes a provider of medical services.

C. The assignment of the right to reimbursement shall be

applied and considered valid against any employer or insurer under

the Administrative Workers’ Compensation Act in this state.

D. Each insurer, upon receiving a claim from the Oklahoma

Health Care Authority, shall accept the state’s right of recovery,

to process and, if appropriate, pay the claim to the same extent

that the plan would have been liable if it had been billed at the

point of sale or by the original provider of services. The insurer

shall not deny the Authority claims on the basis of the date of

submission, the format of the claim, or for failure to present

proper documentation of coverage at the point of sale.

E. An insurer or third-party administrator, except a Medicare

Advantage plan, shall not deny the Authority claims solely on the

basis that a claimed item or service did not receive prior

authorization under the rules or coverage policies of the insurer or

third-party administrator. The insurer or third-party administrator

shall accept an authorization provided by the Authority for an item

or service covered under the state Medicaid program or under a home-

and community-based services waiver for such individual as if such

authorization was made by the insurer or third-party administrator

for such item or service.

F. If the Authority submits an inquiry regarding a claim to an

insurer or third-party administrator not later than three (3) years

after the date of provision of the claimed item or service, the

insurer or third-party administrator shall respond to the inquiry

within sixty (60) days of receiving the inquiry.

G. An insurer shall make appropriate payments to the Authority

as long as the claim is submitted for consideration within three (3)

Oklahoma Statutes - Title 63. Public Health and Safety Page 1744

years from the date the service was furnished. Any action by the

Authority to enforce the payment of the claim shall be commenced

within six (6) years of the submission of the claim by the

Authority.
Okla. Stat. tit. 63, § 63-1-1301.15 — OK Code / Title 63 / Section 63-1-1301.15
Renumbered as § 7-415 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.

Oklahoma Statutes - Title 63. Public Health and Safety Page 599
Okla. Stat. tit. 63, § 63-1-890.1 — OK Code / Title 63 / Section 63-1-890.1
Short title
Status: in_force

Sections 1 through 7 of this act shall be known and may be cited

as the "Continuum of Care and Assisted Living Act".
Okla. Stat. tit. 63, § 63-1-865.5 — OK Code / Title 63 / Section 63-1-865.5
Sheltered workshop conditional license
Status: in_force

A. The Department of Human Services may issue a conditional

license to any sheltered workshop if the Department finds that a

violation exists in such sheltered workshop. The issuance of a

conditional license shall revoke any license held by the sheltered

workshop issued pursuant to the Sheltered Workshop Act.

B. Prior to the issuance of a conditional license, the

Department shall review and approve a written plan of correction.

The Department shall specify the violations which prevent issuance

of a regular license and shall establish a time schedule for

correction of the deficiencies. Retention of the license shall be

conditional on meeting the requirements of the plan of correction.

In the alternative or in addition to a conditional license, the

Director of the Department of Human Services may withhold vendor

payments due to a sheltered workshop under its programs until such

Oklahoma Statutes - Title 63. Public Health and Safety Page 527

time as the corrections are made or a plan of correction for all

deficiencies is approved by the Department.

C. Written notice of the decision to issue a conditional

license shall be sent to the sheltered workshop together with the

proposed plan of correction. The notice shall inform the sheltered

workshop of its right to an informal conference prior to issuance of

the conditional license and its right to a full hearing.

D. If the sheltered workshop desires to have an informal

conference it shall, within four (4) working days of receipt of

notice, send a written request for an informal conference to the

Department. The Department shall, within four (4) working days from

the receipt of the request, hold an informal conference. Following

the conference, the Department may affirm or overrule its previous

decision, or modify the terms of the conditional license and plan of

correction. The conditional license may be issued after the

informal conference or after the time for requesting an informal

conference has expired, prior to any further hearing.
Okla. Stat. tit. 63, § 63-4035.1 — OK Code / Title 63 / Section 63-4035.1
Manufacturer's testing permits - Display - Fee
Status: in_force

Upon application, there shall be assigned and issued up to ten

manufacturer's testing permits to manufacturers of new boats or

motors. Such permits shall be displayed upon each vessel or motor

owned by the manufacturer when the vessel or motor is driven or

tested on the waters of this state. No such tester permit shall be

used upon any new vessel or motor which is for private use or for

hire.

The manufacturer's testing permit shall be provided at a cost of

Five Dollars ($5.00) each and shall expire on December 31 of each

year.
Okla. Stat. tit. 63, § 63-1-546.4 — OK Code / Title 63 / Section 63-1-546.4
Duties of Department of Health and Department of
Status: in_force

Mental Health and Substance Abuse Services.

A. The Department of Mental Health and Substance Abuse Services

shall:

1. Prohibit all substance abuse treatment services administered

by or contracted for by the Department from refusing to treat

pregnant women if space and staff expertise is available;

2. Require all such programs and services to give priority to

accepting pregnant women for treatment and services if space and

staff expertise is available; and

3. Assist such programs to develop and implement treatment

modalities and services appropriate for pregnant women.

B. The Department of Mental Health and Substance Abuse Services

and the State Department of Health may implement, with available

funds, a pilot project recommended by the Joint Legislative Task

Force on Prenatal Addiction and Treatment. With the consent of the

court having jurisdiction and the district attorney, the program may

include a program similar to the program established by the Drug

Court Act.
Okla. Stat. tit. 63, § 63-4012.1 — OK Code / Title 63 / Section 63-4012.1
TOD title transfer
Status: in_force

A. The title of a vessel or motor that is not subject to any

lien or other encumbrance may be transferred in transfer-on-death

form by filing with Service Oklahoma a written notice of transfer

signed by the transferor and designating the transferee. Such

notice shall transfer ownership of the vessel or motor to the

transferee upon the death of the transferor. The notice shall

include:

1. The identification number of the vessel or motor;

2. The full name and address of the transferor;

3. The full name and address of the transferee; and

4. The signature of the transferor. The signature or consent

of or notice to the transferee shall not be required for any purpose

during the lifetime of the transferor.

B. A designation of the transferee may be revoked or changed at

any time prior to the death of the transferor by filing an amended

notice with Service Oklahoma.

C. To accept a certificate of title of a vessel or motor

pursuant to notice filed under subsection A of this section, the

designated transferee shall execute an affidavit verifying the death

of the transferor owner and submit it to Service Oklahoma. After

Oklahoma Statutes - Title 63. Public Health and Safety Page 1618

the date of the transfer of the vessel or motor as evidenced by the

submitted affidavit and the records of Service Oklahoma, Service

Oklahoma shall issue a title reflecting the transfer of ownership.
Okla. Stat. tit. 63, § 63-1-1503 — OK Code / Title 63 / Section 63-1-1503
Diagnostic x-ray systems - Official state agency -
Status: in_force

Healing arts practitioners.

A. The State Department of Health is hereby designated as the

official agency of the State of Oklahoma for all regulatory

activities pertaining to health and safety in the use of diagnostic

x-ray systems, and shall act as the coordinating agency for the

purpose of cooperating with other states, the United States Public

Health Service and other federal agencies in the administration of

programs relating to diagnostic x-ray systems, available to the

State of Oklahoma under federal laws; and it shall encourage,

participate in, and conduct studies, investigations, training,

research and demonstrations relating to constructive uses of

diagnostic x-ray systems and the prevention and control of its

associated harmful effects or unnecessary exposure, the effects to

health on exposure to x-rays, and related problems.

B. Nothing in the Diagnostic X-Ray Facility Act shall interfere

with the doctor-patient relationship of any licensed member of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 631

healing arts; nor shall anything in the Diagnostic X-Ray Facility

Act prohibit a licensed practitioner of the healing arts, or an

individual under the direction of such licensed practitioner, from

using x-rays or other sources of radiation and/or fluoroscopes for

diagnostic, research or treatment purposes, as authorized under the

Practitioner's Licensing Act, provided the radiation devices and the

related facilities of the practitioner shall comply with the rules

and regulations promulgated under the provisions of the Diagnostic

X-Ray Facility Act.
Okla. Stat. tit. 63, § 63-1-1927 — OK Code / Title 63 / Section 63-1-1927
Notice of involuntary transfer or discharge
Status: in_force

Involuntary transfer or discharge of a resident from a facility

shall be preceded by a minimum written notice of ten (10) days. The

ten day requirement shall notapply in any of the following

instances:

1. When an emergency transfer or discharge is mandated by the

resident's health care needs and is in accordance with the written

orders and medical justification of the attending physician; or

2. When the transfer or discharge is necessary for the physical

safety of other residents as documented in the clinical record.
Okla. Stat. tit. 63, § 63-2-331 — OK Code / Title 63 / Section 63-2-331
Seizure of devices or precursor chemicals – Notice by
Status: in_force

peace officer to Bureau of Narcotics and Dangerous Drugs Control.

It shall be the duty of any peace officer of the State of

Oklahoma who seizes any glassware, instruments, devices, utensils or

precursor chemicals, as defined by Section 2-322 of Title 63 of the

Oklahoma Statutes, which have been used or were intended to be used

in the illicit manufacturing of any controlled dangerous substance,

Oklahoma Statutes - Title 63. Public Health and Safety Page 975

in full or in part, to make notice of the seizure in writing to the

Oklahoma Bureau of Narcotics and Dangerous Drugs Control.
Okla. Stat. tit. 63, § 63-1-550.5 — OK Code / Title 63 / Section 63-1-550.5
Birthing facility – Pulse oximetry screening
Status: in_force

A. As used in this section, "birthing facility" means an

inpatient or ambulatory health care facility licensed by the State

Department of Health that provides birthing and newborn care

services.

B. The State Department of Health shall require each birthing

facility to perform a pulse oximetry screening on every newborn in

its care prior to discharge from the birthing facility.

C. The State Board of Health shall promulgate rules necessary

to carry out the purposes of this act.
Okla. Stat. tit. 63, § 63-1-740.20 — OK Code / Title 63 / Section 63-1-740.20
Choosing Childbirth Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the State Department of Health to be designated the “Choosing

Childbirth Revolving Fund”. The fund shall be a continuing fund,

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

monies received by the Department from appropriations provided for

the purpose of funding services under the Choosing Childbirth Act.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Department for

the purpose provided for in 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.
Okla. Stat. tit. 63, § 63-1-2014.2 — OK Code / Title 63 / Section 63-1-2014.2
Renumbered as § 2-7-118 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-707a — OK Code / Title 63 / Section 63-1-707a
Staff privileges - Applications - Psychologists
Status: in_force

A. The administrator in charge of each hospital licensed by the

State Commissioner of Health shall accept for consideration each

application for professional staff privileges submitted by a person

licensed to practice:

Oklahoma Statutes - Title 63. Public Health and Safety Page 277

1. Medicine by the State Board of Medical Licensure and

Supervision;

2. Osteopathy by the State Board of Osteopathy;

3. Podiatry by the State Board of Podiatry; or

4. As a health service psychologist by the Oklahoma State Board

of Examiners of Psychologists.

B. The application shall be acted upon by the governing board

of the hospital within a reasonable time. A written report of such

action shall be furnished to the applicant thereafter.

C. If a hospital grants staff privileges to a psychologist, at

the time of admission of a patient of the psychologist to the

hospital, the psychologist or the hospital shall identify a

psychiatrist, a medical doctor, or a doctor of osteopathy who shall

be responsible for the medical evaluation and medical management of

the patient.
Okla. Stat. tit. 63, § 63-1-2441 — OK Code / Title 63 / Section 63-1-2441
Renumbered as § 2-11-102 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-860.14 — OK Code / Title 63 / Section 63-1-860.14
Annual report on the improvement of hospice care
Status: in_force

The Department shall publish and distribute an annual

report of its activities and any recommendations for the

improvement of services and care and treatment to hospice

patients on or before January 1 of each year to the

Governor and to the Commissioner of Health.
Okla. Stat. tit. 63, § 63-1-738.11 — OK Code / Title 63 / Section 63-1-738.11
Web site, development and maintenance
Status: in_force

The State Board of Medical Licensure and Supervision shall

develop and maintain a stable Internet web site to provide the

information described under Section 10 of this act. No information

regarding who uses the web site shall be collected or maintained.

The State Board of Medical Licensure and Supervision shall monitor

the web site on a daily basis to prevent and correct tampering.
Okla. Stat. tit. 63, § 63-1-745.33 — OK Code / Title 63 / Section 63-1-745.33
Determining presence of fetal heartbeat
Status: in_force

A. For the purposes of determining the presence of a fetal

heartbeat under this section, "standard medical practice" includes

employing the appropriate means of detecting the heartbeat based on

the estimated gestational age of the unborn child and the condition

of the woman and her pregnancy.

B. Except as provided by Sections 5 and 6 of this act, an

abortion may not be performed or induced on a pregnant woman unless

a physician has determined, in accordance with this section, whether

the woman's unborn child has a detectable fetal heartbeat.

C. In making a determination under subsection B of this

section, the physician must use a test that is:

1. Consistent with the physician's good faith and reasonable

understanding of standard medical practice; and

2. Appropriate for the estimated gestational age of the unborn

child and the condition of the pregnant woman and her pregnancy.

D. A physician making a determination under subsection B of

this section shall record in the pregnant woman's medical record:

1. The estimated gestational age of the unborn child;

2. The method used to estimate the gestational age; and

3. The test used for detecting a fetal heartbeat including the

date, time, and results of the test.
Okla. Stat. tit. 63, § 63-2557 — OK Code / Title 63 / Section 63-2557
Penalties
Status: in_force

A person who with intent to deceive provides, wears, uses or

possesses a false identifying device or identification card of the

type described in subsection B, Section 3 of this act, is guilty of

a misdemeanor and upon conviction may be fined not more than Three

Hundred Dollars ($300.00) or imprisoned for not more than ninety

(90) days, or both.
Okla. Stat. tit. 63, § 63-1-1431 — OK Code / Title 63 / Section 63-1-1431
Labeling requirements for cannabidiol
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 618

A. Any manufactured product containing cannabidiol, as provided

for in Section 2-101 of Title 63 of the Oklahoma Statutes, shall

include a label which contains, at a minimum:

1. The country of origin of the cannabidiol; and

2. Whether the cannabidiol is synthetic or natural.

B. The provisions of this section shall not apply to any

pharmaceutical product approved by the Food and Drug Administration.

C. Retail sales of industrial hemp and hemp products may be

conducted without a license so long as the products and the hemp

used in the products were grown and cultivated legally in this state

or another state or jurisdiction and meet the same or substantially

the same requirements for processing hemp products or growing hemp.

The addition of derivatives of hemp, including hemp-derived

cannabidiol, to cosmetics, personal care products and products

intended for human or animal consumption shall be permitted without

a license and shall not be considered an adulteration of such

products. Nothing in this section shall exempt any individual or

entity from compliance with food safety and licensure laws, rules

and regulations as set forth under the Oklahoma Public Health Code.
Okla. Stat. tit. 63, § 63-1-229.18 — OK Code / Title 63 / Section 63-1-229.18
Distribution of tobacco or vapor products and product
Status: in_force

samples restricted – Fines – Municipal ordinances.

Oklahoma Statutes - Title 63. Public Health and Safety Page 138

A. It shall be unlawful for any person or retailer to

distribute tobacco products, nicotine products, vapor products or

product samples to any person under twenty-one (21) years of age.

B. No person shall distribute tobacco products, nicotine

products, vapor products or product samples in or on any public

street, sidewalk, or park that is within three hundred (300) feet of

any playground, school, or other facility when the facility is being

used primarily by persons under twenty-one (21) years of age.

C. When a person violates any provision of subsection A or B of

this section, the Alcoholic Beverage Laws Enforcement (ABLE)

Commission shall impose an administrative fine of:

1. Not more than One Hundred Dollars ($100.00) for the first

offense;

2. Not more than Two Hundred Dollars ($200.00) for the second

offense; and

3. Not more than Three Hundred Dollars ($300.00) for a third or

subsequent offense.

D. Upon failure of any person to pay an administrative fine

within ninety (90) days of the assessment of the fine, the ABLE

Commission shall notify the Department of Public Safety, and the

Department shall suspend or not issue a driver license to the person

until proof of payment has been furnished to the Department of

Public Safety.

E. Cities and towns may enact and municipal police officers may

enforce ordinances prohibiting and penalizing conduct under

provisions of this section, but the provisions of municipal

ordinances shall be the same as provided for in this section, and

the penalty provisions under such ordinances shall not be more

stringent than those of this section.
Okla. Stat. tit. 63, § 63-1-2020 — OK Code / Title 63 / Section 63-1-2020
Renumbered as § 2-7-306 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-128.3 — OK Code / Title 63 / Section 63-128.3
Penalty for violation of §§ 128.1 and 128.2
Status: in_force

Whoever, either as principal, agent, servant, or employee of

such person, partnership, or corporation violates any of the

provisions of Sections 20 and 21 of this act, or fails to procure a

valid certificate from the Chief State Mine Inspector, as herein

provided, shall be fined not less than Fifty Dollars ($50.00) nor

more than Two Thousand Dollars ($2,000.00).

R.L. 1910, § 6974. Amended by Laws 1995, c. 344, § 22, eff. Nov. 1,

1995. Renumbered from § 126 of this title by Laws 1995, c. 344, §

34, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-488.2 — OK Code / Title 63 / Section 63-488.2
Funds
Status: in_force

The Governor of the State is hereby authorized to set aside from

his Emergency Contingency Fund such monies as he shall determine may

be used for such purpose without impairing said fund beyond the

amount deemed by him to be necessary as a reserve for possible

contingencies involving the primary purpose of said fund. The State

Emergency Relief Board is hereby authorized and directed to

determine and set aside all funds which said Board shall determine

are not necessary now or during the next biennium for the normal

function of the Emergency Relief Program directed by said Board.

The funds made available under the provisions of this section are

hereby appropriated to the State Department of Public Health to be

used to defray the expenses of purchasing and administering vaccine

under the program authorized by the provisions of Section 1 of this

act.
Okla. Stat. tit. 63, § 63-4044 — OK Code / Title 63 / Section 63-4044
Permits for displays and sales of new vessels or motors
Status: in_force

held off premises of licensed dealer.

Service Oklahoma shall issue permits for displays and sales of

new vessels or motors which are held off the premises of a licensed

dealer thereof as follows:

1. A promotion by an individual new vessel or motor dealer

which is held off the premises of such dealer and at which sales

activities are conducted may be held only under the following

conditions:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1650

a. the dealer participates in an advertised vessel or

motor show in which at least two other vessel or motor

dealers are participating,

b. application for a permit for a sales promotion by an

individual dealer shall be made to Service Oklahoma at

least seven (7) calendar days prior to such promotion,

and such permit shall be issued by Service Oklahoma

upon payment of a fee of Fifty Dollars ($50.00) per

event,

c. the permit shall be valid for a period not to exceed

fourteen (14) consecutive days, and

d. Service Oklahoma shall not issue a permit to a dealer

if he has obtained a permit within the past forty-five

(45) calendar days for the same location;

2. A dealer may not be denied a permit on the grounds that the

sales promotion is to be held within the relevant market area of

another dealer of the same product line;

3. A dealer who fails to obtain such a permit shall be subject

to the penalties and fines provided for in Section 4041 of Title 63

of the Oklahoma Statutes.

Provided, a permit shall not be required pursuant to the

provisions of this section for a display or sale of new vessels or

motors which is held off the premises of a licensed dealer if the

display or sale is held within a twenty-five (25) mile radius of the

location of the dealership; and

4. Prior to the completion of a sale at an off-premises

location, the dealer shall be required to disclose in writing to any

person purchasing a new vessel or motor the following information:

a. that location of the dealership making the sale, and

b. that other dealers may not be willing to do repair or

warranty work on vessels not purchased at their

dealership.

Any salesperson working at an off-premises location shall not wear

any identification or clothing indicating an affiliation with

another retailer.
Okla. Stat. tit. 63, § 63-1-904 — OK Code / Title 63 / Section 63-1-904
Renumbered as § 2-6-303 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1810 — OK Code / Title 63 / Section 63-1-1810
Renumbered as § 2-5-109 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1990.3 — OK Code / Title 63 / Section 63-1-1990.3
Development and implementation
Status: in_force

The Department of Public Safety shall develop and implement a

statewide silver alert system to be activated on behalf of a missing

senior citizen in cooperation with the Department of Transportation,

the Department of Human Services, any local law enforcement agency,

Oklahoma Statutes - Title 63. Public Health and Safety Page 798

the Oklahoma Association of Broadcasters and any other appropriate

state or local agencies.
Okla. Stat. tit. 63, § 63-3131.12 — OK Code / Title 63 / Section 63-3131.12
Duties of the Department of Human Services
Status: in_force

A. The Director of the Department of Human Services, no later

than one (1) year after the effective date of this act, shall

implement the statewide distribution of do-not-resuscitate forms

which comply with Section 5 of this act.

B. Do-not-resuscitate identification as set forth in the

Oklahoma Do-Not-Resuscitate Act shall consist of either a medical

condition bracelet, necklace, or card with the inscription of the

patient's name, date of birth in numerical form, and "Oklahoma do-

not-resuscitate" on it. No other identification or wording shall be

deemed to comply with the provisions of the Oklahoma Do-Not-

Resuscitate Act. This identification shall be issued only upon

presentation of a properly executed do-not-resuscitate consent form

as set forth in Section 5 of this act.

C. The Director of the Department of Human Services, no later

than one (1) year after the effective date of this act, shall be

responsible for establishing a system for distribution of the do-

not-resuscitate forms and identification bracelets, necklaces, or

cards.

D. The legal services developer from the Aging Services

Division of the Department of Human Services, no later than one (1)

year after the effective date of this act, shall develop and

implement a statewide educational effort to inform the public of

their right to accept or refuse cardiopulmonary resuscitation and to

request their physician to write a do-not-resuscitate order for

them, and to urge health care agencies within this state to utilize

a do-not-resuscitate form which complies with Section 5 of this act.
Okla. Stat. tit. 63, § 63-2408 — OK Code / Title 63 / Section 63-2408
Definitions
Status: in_force

As used in the Oklahoma Legal Interpreter for the Deaf and Hard-

of-Hearing Act:

1. "Deaf person" or "hard-of-hearing person" means an

individual whose sense of hearing is nonfunctional for the ordinary

Oklahoma Statutes - Title 63. Public Health and Safety Page 1390

purposes of life, and also may include a person who is deaf-blind,

meaning a deaf or hard-of-hearing person whose vision is also

nonfunctional for the ordinary purposes of life;

2. "Qualified legal interpreter" means:

a. an individual certified by the State Board of

Examiners of Certified Courtroom Interpreters, or

b. (1) an individual who possesses the knowledge and

skills necessary to accurately and impartially

interpret spoken English into the equivalent

visual languages and modes, and currently

certified by the National Registry of

Interpreters for the Deaf (RID) as one of the

following:

(a) Specialist Certificate: Legal (SC:L). In

the event none are available, then

(b) Another RID national certification,

including, but not limited to, the National

Interpreter Certification (NIC), Certificate

of Interpretation and Certificate of

Transliteration (CI & CT), or Comprehensive

Skills Certificate (CSC),

(2) an individual who possesses the knowledge and

skills necessary to accurately and impartially

transliterate for a person who is oral or

nonsigning using the equivalent oral or captioned

mode, and is currently certified by the National

Registry of Interpreters for the Deaf as one of

the following:

(a) Specialist Certificate: Legal (SC:L). In

the event none are available, then

(b) Another RID national certification,

including, but not limited to, the NIC,

Certificate of Interpretation and

Certificate of Transliteration (CI & CT), or

Comprehensive Skills Certificate (CSC),

(c) In the event none are available, or at the

request of the deaf individual, then a

recognized national or state certifying body

of captionists, or a court reporter who is

able to provide real time captioning, or

(3) an individual who:

(a) is deaf or hard-of-hearing who possesses the

knowledge, skills, specialized training and

experience to enhance communication with

persons who are deaf or hard-of-hearing and

whose communication modes are so unique that

Oklahoma Statutes - Title 63. Public Health and Safety Page 1391

they cannot be adequately assessed by

interpreters who are hearing, and

(b) holds the following qualifications as a deaf

interpreter: National Registry of

Interpreters for the Deaf, Certified Deaf

Interpreter (CDI); in the event none are

available, then an Oklahoma QAST Deaf

Evaluator may be utilized; and

3. "Appointing authority" means any court, department, board,

commission, agency, licensing authority, political subdivision or

municipality of the state.
Okla. Stat. tit. 63, § 63-1-2402 — OK Code / Title 63 / Section 63-1-2402
Renumbered as § 2-10-1102 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-745.54 — OK Code / Title 63 / Section 63-1-745.54
Enforcement
Status: in_force

Notwithstanding any other law, the requirements of this act

shall be enforced exclusively through the private civil actions

described in Section 5 of this act. No direct or indirect

enforcement of this act may be taken or threatened by the state, a

political subdivision, a district attorney, or an executive or

administrative officer or employee of this state or a political

subdivision against any person or entity, in any manner whatsoever,

except as provided in Section 5 of this act, and no violation of

this act may be used to justify or trigger the enforcement of any

other law or any type of adverse consequence under any other law,

except as provided in Section 5 of this act; provided, that this

section does not preclude the enforcement of any other law or

regulation against conduct that is independently prohibited by such

other law or regulation, and that would remain prohibited by such

other law or regulation in the absence of this act.
Okla. Stat. tit. 63, § 63-1-2304.2 — OK Code / Title 63 / Section 63-1-2304.2
Renumbered as § 2-10-404 of Title 27A by Laws 1993,
Status: in_force

c. 145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-860.16 — OK Code / Title 63 / Section 63-1-860.16
Hospice Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the State Department of Health, to be designated the "Hospice

Revolving Fund". The fund shall be a continuing fund, not subject

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

by the Department, from any monies received as a result of fees

received pursuant to the provisions of the Oklahoma Hospice

Licensing Act and any monies appropriated to the fund by law. All

monies accruing to the credit of said fund are hereby appropriated

and may be budgeted and expended by the Department to effectuate the

provisions of the Oklahoma Hospice Licensing Act. 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, § 63-1-1528 — OK Code / Title 63 / Section 63-1-1528
Smoking in motor vehicles whre children are present
Status: in_force

The State Department of Health and the Tobacco Settlement

Endowment Trust shall work together to inform the public about the

dangers of smoking in motor vehicles where children are present.
Okla. Stat. tit. 63, § 63-1-2005.1 — OK Code / Title 63 / Section 63-1-2005.1
Renumbered as § 2-7-123 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-431.1 — OK Code / Title 63 / Section 63-431.1
Sales of medical marijuana products from licensed
Status: in_force

processors and commercial growers to licensed dispensaries to be in

pre-packaged form.

A. Beginning June 1, 2025, all medical marijuana flower, trim,

shake, kief, noninfused pre-rolls, infused pre-rolls, or other

flower-based product not defined as a concentrate shall be sold by

licensed medical marijuana processors and licensed medical marijuana

commercial growers to licensed medical marijuana dispensaries only

in pre-packaged form in package sizes weighing not less than one-

half (1/2) of one (1) gram to not more than three (3) ounces.

Licensed medical marijuana dispensaries shall have until November 1,

2025, to sell or waste all current inventory that is not in pre-

packaged form pursuant to this section. The Oklahoma Medical

Marijuana Authority shall be authorized to promulgate rules

regarding the pre-packaging of medical marijuana products as

provided for in the provisions of this section.

B. Nonopaque materials may be used when packaging medical

marijuana flower, provided all other packaging and labeling

requirements for medical marijuana products sold in this state are

met and it is placed in an opaque container before leaving a

licensed medical marijuana dispensary.

C. The display and smelling of medical marijuana shall be

allowed pursuant to Section 421 of Title 63 of the Oklahoma

Statutes.

D. The Oklahoma Medical Marijuana Authority shall promulgate

rules necessary to allow for products to be returned to the licensed

medical marijuana dispensary when found defective or hazardous to

the health of the patient. The Authority shall further promulgate

rules necessary to allow for the return of all medical marijuana and

medical marijuana products from a licensed medical marijuana

dispensary to a licensed medical marijuana processor or licensed

Oklahoma Statutes - Title 63. Public Health and Safety Page 1209

medical marijuana commercial grower, from a licensed medical

marijuana processor to a licensed medical marijuana commercial

grower, or from any other licensed entity that transferred medical

marijuana products to another licensed entity.
Okla. Stat. tit. 63, § 63-2259 — OK Code / Title 63 / Section 63-2259
Renumbered as § 1-2417 of Title 63 by Laws 1990, c. 217,
Status: in_force

§ 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept.

1, 1990.
Okla. Stat. tit. 63, § 63-6900 — OK Code / Title 63 / Section 63-6900
Grant programs for administration of National Hospital
Status: in_force

Preparedness Program.

A. The State Commissioner of Health shall develop grant

programs for private, nonprofit and public entities for the purpose

of administering the National Hospital Preparedness Program (HPP).

For purposes of this section, the “National Hospital Preparedness

Program” or “HPP” means the federal preparedness grant offered

through the U.S. Department of Health and Human Services designed to

improve surge capacity and enhance community and hospital

preparedness for public health emergencies.

B. The selection and awarding of grants, whether in the form of

professional service contracts or any other funding mechanism

developed by the Commissioner, to programs developed pursuant to

this section shall be exempt from the requirements of The Oklahoma

Central Purchasing Act.

C. The Commissioner shall develop a process for awarding grants

to programs developed pursuant to this section. Such process for

selection shall not be required for contracts awarded for program

support services, including, but not limited to, professional

Oklahoma Statutes - Title 63. Public Health and Safety Page 1778

service contracts to evaluate, audit or provide budgeting,

accounting, auditing or legal services for specific programs or

program grantees, contractors or participants.