Okla. Stat. tit. 63, § 63-3111.5 — OK Code / Title 63 / Section 63-3111.5
Health Care Power of Attorney form
Status: in_force

The following form may, but need not, be used to create a power

of attorney for health care. The other sections of this act govern

the effect of this form or any other writing used to create a power

of attorney for health care. An individual may complete or modify

all or any part of the following form to the extent consistent with

subsection B of Section 3111.3 of this title:

HEALTH CARE POWER OF ATTORNEY

You have the right to give instructions about your own health

care. You also have the right to name someone else to make health

care decisions for you. This form lets you do either or both of

these things. If you use this form, you may complete or modify all

or any part of it. You are free to use a different form.

This form is a power of attorney for health care that lets you

name another individual as agent to make health care decisions for

you if you become incapable of making your own decisions or if you

want someone else to make those decisions for you now even though

you are still capable. You may also name an alternate agent to act

Oklahoma Statutes - Title 63. Public Health and Safety Page 1489

for you if your first choice is not willing, able, or reasonably

available to make decisions for you. Unless related to you, your

agent may not be an owner, operator, or employee of a residential

long-term health care institution at which you are receiving care.

Unless the form you sign limits the authority of your agent,

your agent may make all health care decisions for you. This form

has a place for you to limit the authority of your agent. You need

not limit the authority of your agent if you wish to rely on your

agent for all health care decisions that may have to be made. If

you choose not to limit the authority of your agent, your agent will

have the right to:

1. Consent or refuse consent to any care, treatment, service,

or procedure to maintain, diagnose, or otherwise affect a physical

or mental condition;

2. Select or discharge health care providers and facilities;

and

3. Sign a do-not-resuscitate consent.

This form does not authorize the agent to make any decisions

directing the withholding or withdrawal of life-sustaining

treatment, nutrition, or hydration, which may only be authorized in

compliance with the Oklahoma Advance Directive Act, except that this

form may authorize the agent to sign a do-not-resuscitate consent.

After completing this form, sign and date the form at the end.

It is required that two other individuals sign as witnesses. These

witnesses must be at least 18 years old and not related to you or

named to inherit from you. Give a copy of the signed and completed

form to your physician, to any other health care providers you may

have, to any health care facility at which you are receiving care,

and to any health care agents you have named. You should talk to

the person you have named as agent to make sure that he or she

understands your wishes and is willing to take the responsibility.

You have the right to revoke this power of attorney for health

care or replace this form at any time.

POWER OF ATTORNEY FOR HEALTH CARE

1. DESIGNATION OF AGENT: I designate the following individual

as my agent to make health care decisions for me:

___________________________________________________________________

(name of individual you choose as agent)

___________________________________________________________________

(address) (city) (state) (zip code)

___________________________________________________________________

(home phone) (work phone)

OPTIONAL: If I revoke my agent’s authority or if my agent is

not willing, able, or reasonably available to make a health care

decision for me, I designate as my first alternate agent:

___________________________________________________________________

(name of individual you choose as first alternate agent)

Oklahoma Statutes - Title 63. Public Health and Safety Page 1490

___________________________________________________________________

(address) (city) (state) (zip code)

___________________________________________________________________

(home phone) (work phone)

OPTIONAL: If I revoke the authority of my agent and first

alternate agent or if neither is willing, able, or reasonably

available to make a health care decision for me, I designate as my

second alternate agent:

___________________________________________________________________

(name of individual you choose as second alternate agent)

___________________________________________________________________

(address) (city) (state) (zip code)

___________________________________________________________________

(home phone) (work phone)

2. AGENT’S AUTHORITY: My agent is authorized to make all

health care decisions (not to include the withholding or withdrawal

of life-sustaining treatment, nutrition, or hydration, other than

signing a do-not-resuscitate consent) for me that I could make if I

were able, except as I state here:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

(Add additional sheets if needed.)

3. WHEN AGENT’S AUTHORITY BECOMES EFFECTIVE: My agent’s

authority becomes effective when my attending physician determines

that I am unable to make my own health care decisions unless I mark

the following box. If I mark this box [ ], my agent’s authority

to make health care decisions for me takes effect immediately.

_____________

(Initials)

4. AGENT’S OBLIGATION: My agent shall make health care

decisions for me in accordance with this power of attorney for

health care and my other wishes to the extent known to my agent. To

the extent my wishes are unknown, my agent shall make health care

decisions for me in accordance with what my agent determines to be

in my best interest. In determining my best interest, my agent

shall consider the decisions I would have made myself to the extent

known to my agent.

_____________

(Initials)

5. RELIEF FROM PAIN: Except as I state in the following space,

I direct that treatment for alleviation of pain or discomfort be

provided at all times, even if it hastens my death:

________________________________________________________________

________________________________________________________________

6. OTHER WISHES: (If you do not agree with any of the optional

choices above and wish to write your own, or if you wish to add to

Oklahoma Statutes - Title 63. Public Health and Safety Page 1491

the instructions you have given above, you may do so here.) I

direct that:

___________________________________________________________________

___________________________________________________________________

(Add additional sheets if needed.)

7. EFFECT OF COPY: A copy of this form has the same effect as

the original.

8. SIGNATURES: Sign and date the form here:

_______________________________ ______________________________

(date) (sign your name)

_______________________________ ______________________________

(address) (print your name)

_______________________________

(city) (state)

State of Oklahoma

County of ________

Subscribed and sworn to before me this ___ day of ______, 20__.

__________________________________

Notary Public

OR

SIGNATURES OF WITNESSES:

First witness Second witness

______________________________ _______________________________

(print name) (print name)

______________________________ _______________________________

(address) (address)

______________________________ ______________________________

(city) (state) (city) (state)

______________________________ ______________________________

(signature of witness) (signature of witness)

______________________________ ______________________________

(date) (date)
Okla. Stat. tit. 63, § 63-423 — OK Code / Title 63 / Section 63-423
Medical marijuana processing license - Application –
Status: in_force

Inspection - Devices.

A. The Oklahoma Medical Marijuana Authority shall make

available on its website in an easy-to-find location an application

for a medical marijuana processing license. The Authority shall be

authorized to issue two types of medical marijuana processor

licenses based on the level of risk posed by the type of processing

conducted:

1. Nonhazardous medical marijuana processor license; and

2. Hazardous medical marijuana processor license.

The application fee for a nonhazardous or hazardous medical

marijuana processor license shall be paid by the applicant in the

amounts provided for in Section 427.14 of this title. A method of

payment shall be provided on the website of the Authority. The

Authority shall have ninety (90) business days to review the

application; approve, reject, or deny the application; and send the

approval, rejection, or denial letter stating the reasons for the

rejection or denial to the applicant in the same method the

application was submitted to the Authority.

B. The Authority shall approve all applications which meet the

following criteria:

1. The applicant must be twenty-five (25) years of age or

older;

2. The applicant, if applying as an individual, must show

residency in this state;

3. All applying entities must show that all members, managers,

and board members are Oklahoma residents of this state;

4. An applying entity may show ownership of nonstate residents,

but that percentage ownership may not exceed twenty-five percent

(25%);

5. All applying individuals or entities must be registered to

conduct business in this state; and

6. All applicants must disclose all ownership interests in the

processing operation.

Applicants with a nonviolent felony conviction in the last two

(2) years, any other felony conviction in the last five (5) years,

inmates in the custody of the Department of Corrections or any

person currently incarcerated shall not qualify for a medical

marijuana processing license.

C. 1. A licensed processor may take marijuana plants and

distill or process these plants into concentrates, edibles, and

other forms for consumption.

2. The Executive Director of the Authority shall make available

a set of standards which shall be used by licensed processors in the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1107

preparation of edible marijuana products. The standards should be

in line with current food preparation guidelines. No excessive or

punitive rules may be established by the Executive Director.

3. Up to two times a year, the Authority may inspect a

processing operation and determine its compliance with the

preparation standards. If deficiencies are found, a written report

of the deficiency shall be issued to the licensed processor. The

licensed processor shall have one (1) month to correct the

deficiency or be subject to a fine of Five Hundred Dollars ($500.00)

for each deficiency.

4. A licensed processor may sell marijuana products it creates

to a licensed dispensary or any other licensed processor. All sales

by a licensed processor shall be considered wholesale sales and

shall not be subject to taxation.

5. Under no circumstances may a licensed processor sell

marijuana or any marijuana product directly to a licensed medical

marijuana patient or licensed caregiver. However, a licensed

processor may process cannabis into a concentrated form for a

licensed medical marijuana patient for a fee.

6. Licensed processors shall be required to complete a monthly

yield and sales report to the Authority. This report shall be due

on the fifteenth of each month and shall provide reporting on the

previous month. This report shall detail the amount of marijuana

and medical marijuana products purchased in pounds, the amount of

marijuana cooked or processed in pounds, and the amount of waste in

pounds. Additionally, this report shall show total wholesale sales

in dollars. The Authority shall have oversight and auditing

responsibilities to ensure that all marijuana being processed is

accounted for.

D. The Authority shall oversee the inspection and compliance of

licensed processors producing products with marijuana as an

additive. If it becomes permissible under federal law, marijuana

may be moved across state lines.

E. Any device used for the processing or consumption of medical

marijuana shall be considered legal to be sold, manufactured,

distributed and possessed. No merchant, wholesaler, manufacturer or

individual may be unduly harassed or prosecuted for selling,

manufacturing or possessing marijuana paraphernalia.

Added by Section 4, State Question No. 788, Initiative Petition No.

412, adopted at election held June 26, 2018, eff. July 26, 2018.
Okla. Stat. tit. 63, § 63-2-212 — OK Code / Title 63 / Section 63-2-212
Schedule V
Status: in_force

A. The controlled substances listed in this section are

included in Schedule V.

1. Any compound, mixture, or preparation containing limited

quantities of any of the following narcotic drugs, which also

contains one or more nonnarcotic active medicinal ingredients in

sufficient proportion to confer upon the compound, mixture, or

preparation, valuable medicinal qualities other than those possessed

by the narcotic drug alone:

a. not more than two hundred (200) milligrams of codeine,

or any of its salts, per one hundred (100) milliliters

or per one hundred (100) grams,

b. not more than one hundred (100) milligrams of

dihydrocodeine, or any of its salts, per one hundred

(100) milliliters or per one hundred (100) grams,

c. not more than one hundred (100) milligrams of

ethylmorphine, or any of its salts, per one hundred

(100) milliliters or per one hundred (100) grams,

d. not more than two and five-tenths (2.5) milligrams of

diphenoxylate and not less than twenty-five (25)

micrograms of atropine sulfate per dosage unit, or

e. not more than one hundred (100) milligrams of opium

per one hundred (100) milliliters or per one hundred

(100) grams.

Oklahoma Statutes - Title 63. Public Health and Safety Page 930

2. Any compound, mixture, or preparation containing any

detectable quantity of base pseudoephedrine or ephedrine, its salts

or optical isomers, or salts of optical isomers. If any compound,

mixture, or preparation as specified in this paragraph is dispensed,

sold, or distributed in a pharmacy:

a. it shall be dispensed, sold, or distributed only by,

or under the supervision of, a licensed pharmacist or

a registered pharmacy technician,

b. a service charge not to exceed the purchase price of

the product, mixture or preparation may be assessed

and collected by the licensed pharmacist or registered

pharmacy technician at the point of sale from the

person seeking to purchase, receive or otherwise

acquire a pseudoephedrine product or products. Upon

receipt of payment of the service charge, the licensed

pharmacist or registered pharmacy technician shall

access the methamphetamine offender registry and

verify whether the person is an individual who is

listed on the methamphetamine offender registry. Upon

verification that the person is an individual who is

not listed on the methamphetamine offender registry,

the service charge shall be deducted from the total

purchase price of the pseudoephedrine product or

products. Upon verification that the person is an

individual who is listed on the methamphetamine

offender registry, the person shall be prohibited from

purchasing the pseudoephedrine product or products and

shall be required to forfeit the service charge

previously collected by the licensed pharmacist or

registered pharmacy technician. Any pharmacy that

requires the assessment and collection of a service

charge for pseudoephedrine products shall post a clear

and conspicuous sign at each public entrance to the

place of business and at each register within the

pharmacy that provides notice to customers of the

pharmacy that a service charge shall be assessed and

collected for pseudoephedrine products and, upon

verification that the person is listed on the

methamphetamine offender registry, the service charge

shall be forfeited and retained by the pharmacy, and

c. any person who is not an individual listed on the

methamphetamine offender registry that is purchasing,

receiving, or otherwise acquiring any compound,

mixture, or preparation shall produce a driver

license, passport, military identification, or other

state-issued identification card and shall sign a

written or electronic log, receipt, or other program

Oklahoma Statutes - Title 63. Public Health and Safety Page 931

or mechanism approved by the Oklahoma Bureau of

Narcotics and Dangerous Drugs Control, showing:

(1) the date and time of the transaction,

(2) name, address and date of birth of the purchaser,

(3) driver license number, passport, military

identification, or state-issued identification

number and state of residence of the purchaser,

(4) name and initials of the pharmacist or pharmacy

technician conducting the transaction,

(5) the product being sold,

(6) total quantity, in grams, of base pseudoephedrine

or ephedrine purchased, and

(7) attestation by the person receiving the compound,

mixture or preparation that the person is not

subject to the Methamphetamine Offender Registry

Act.

No person shall purchase, receive, or otherwise acquire more

than three and six-tenths (3.6) grams of any product, mixture, or

preparation per day or more than seven and two-tenths (7.2) grams of

any product, mixture, or preparation within any thirty-day period,

or sixty (60) grams of any product, mixture, or preparation within a

twelve-month period. Once a person has purchased, received or

otherwise acquired the daily limit of three and six-tenths (3.6)

grams of any product, mixture or preparation, the person shall be

prohibited from purchasing, receiving or otherwise acquiring any

additional product, mixture or preparation containing any detectable

quantity of base pseudoephedrine or ephedrine for a period of not

less than seventy-two (72) hours following the last permitted

purchase. The requirements of this paragraph shall not apply to any

quantity of such product, mixture or preparation dispensed pursuant

to a valid prescription. There shall be no protocol or procedure

mandated by any individual or corporate entity that interferes with

the professional duty of a pharmacist to counsel and evaluate the

appropriate pharmaceutical needs of a patient and the exercise of

the professional judgment of a pharmacist as to whether it is

appropriate to dispense medication as set forth in this paragraph or

otherwise.

3. Any compound, mixture, or preparation containing any

detectable quantity of pregabalin.

B. The Director of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control, by rule, may exempt other products from

this Schedule which the Director finds are not used in the illegal

manufacture of methamphetamine or other controlled dangerous

substances. A manufacturer of a drug product may apply for removal

of the product from the Schedule if the product is determined by the

Director to have been formulated in such a way as to effectively

Oklahoma Statutes - Title 63. Public Health and Safety Page 932

prevent the conversion of the active ingredient into

methamphetamine.
Okla. Stat. tit. 63, § 63-2565 — OK Code / Title 63 / Section 63-2565
Consultations with advocacy groups required – Process to
Status: in_force

ensure stakeholder engagement and transparency – Research and

analysis methods.

A. Any agency making decisions on utilization management

measures, coverage, reimbursement or incentive programs shall be

required to consult with:

1. Organizations representing patients and people with

disabilities, including both self-advocacy organizations and

organizations representing patients, prior to proceeding on any

measure likely to impact the relevant patient or disability

community; and

2. Organizations representing patients and people that advocate

for the rights of patients to obtain treatment without regard to the

patients' quality of life and representatives of organizations that

advocate for the rights of older persons to receive health care.

B. Any agency making decisions on utilization management

measures, coverage, reimbursement or incentive programs shall ensure

that a process is in place to ensure robust stakeholder engagement

and full transparency surrounding the provision of any research and

analysis relied upon for decision-making that would impact access to

health care treatments and services by patient groups provided for

in subsection A of this section, including:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1407

1. Providing stakeholders with meaningful notice and

opportunity to comment on the retention of any vendor providing

research and analysis to the agency;

2. Subjecting research and analysis relied upon by an agency to

meaningful notice and comment process;

3. Ensuring deliberation around the coverage or reimbursement

for health care treatments and services occurs in open meetings;

4. Presenting and releasing any research and analysis relied

upon for decision-making in public meetings or publicly released

prior to deliberation;

5. Requiring full disclosure into funding sources and conflicts

of interest of any third party providing research and analysis to

the state;

6. Prohibiting sole-source contracts for research and analysis

to ensure reliance on a range of evidence; and

7. Preparing an annual report assessing beneficiary access to

health care treatments and services. The report shall assess the

impact of any form of utilization management on access to care with

a specific analysis of the impact on persons with disabilities,

chronic illness and advanced age. The report shall be submitted to

the State Legislature, be posted on the state Medicaid website, and

the agency shall provide an opportunity for public comment.

C. Any research and analysis relied upon for decision-making

that would impact coverage and access to health care treatments and

services shall measure outcomes prioritized by patients and persons

with disabilities as required by this section, as well as consider

meaningful differences in the characteristics, needs and preferences

of patients and persons with disabilities.
Okla. Stat. tit. 63, § 63-1080 — OK Code / Title 63 / Section 63-1080
Cooperation in undertaking projects
Status: in_force

For the purpose of aiding and cooperating in the planning,

undertaking, construction, or operation of projects located within

Oklahoma Statutes - Title 63. Public Health and Safety Page 1329

its jurisdiction, any state or local public body may, upon such

terms, with or without consideration, as it may determine:

(a) dedicate, sell, convey, or lease any of its interest in any

property, or grant easements, licenses, or any other rights or

privileges therein to a housing authority, or to the federal

government;

(b) cause parks, playgrounds, recreational, community,

educational, water, sewer or drainage facilities, or any other works

which it is otherwise empowered to undertake, to be furnished

adjacent to or in connection with such projects;

(c) furnish, dedicate, close, pave, install, grade, regrade,

plan or replan streets, roads, roadways, alleys, sidewalks, or other

places which it is otherwise empowered to undertake;

(d) plan or replan, zone or rezone any parts of such state or

local public body; make exceptions from building regulations and

ordinances; make changes in its map;

(e) cause services to be furnished to a housing authority of the

character which such state or local public body is otherwise

empowered to furnish;

(f) enter into agreements with respect to the exercise by such

state or local public body of its powers relating to the repair,

improvement, condemnation, closing or demolition of unsafe,

unsanitary, or unfit buildings;

(g) do any and all things necessary or convenient to aid and

cooperate in the planning, undertaking, construction or operation of

such projects;

(h) incur the entire expense of any public improvements made by

such state or local public body in exercising the powers granted in

this act; and

(i) enter into agreements with a housing authority respecting

action to be taken by such state or local public body pursuant to

any of the powers granted by this act.

If at any time title to or possession of any project is held by any

public body or governmental agency authorized by law to engage in

the development or administration of low-rent housing or slum

clearance projects, including any agency or instrumentality of the

United States of America, the provisions of such agreements shall

inure to the benefit of and may be enforced by such public body or

governmental agency. Except as heretofore provided in Section 11,

subsection (e), for resale to prior owners, any sale, conveyance,

lease or agreement provided for in this section shall be made by a

state or local public body with appraisal, public notice,

advertisement and public bidding.
Okla. Stat. tit. 63, § 63-2553 — OK Code / Title 63 / Section 63-2553
Identifying devices and identification cards
Status: in_force

A. A person who suffers from epilepsy, diabetes, a cardiac

condition or any other type of illness that causes temporary

blackouts, semiconscious periods or complete unconsciousness, or who

suffers from a condition requiring specific medication or medical

treatment, is allergic to certain medications or items used in

medical treatment, wears contact lenses, has religious objections to

certain forms of medication or medical treatment, or is unable to

Oklahoma Statutes - Title 63. Public Health and Safety Page 1403

communicate coherently or effectively in the English language, is

authorized and encouraged to wear an identifying device.

B. Any person may carry an identification card bearing his

name, type of medical condition, physician's name and other medical

information.

C. By wearing an identifying device a person gives his consent

for any who finds him in a disabled condition to make a reasonable

search if warranted of his clothing or other effects for an

identification card of the type described in subsection B.
Okla. Stat. tit. 63, § 63-1-702 — OK Code / Title 63 / Section 63-1-702
Licenses required - Practice of healing arts or medicine
Status: in_force

A. It shall be unlawful for any person to establish, operate or

maintain in the State of Oklahoma a hospital without first obtaining

a license therefor in the manner hereinafter provided. Hospitals

operated by the federal government, the Department of Corrections,

state mental hospitals, and community-based structured crisis

centers as defined in Section 3-317 of Title 43A of the Oklahoma

Statutes, shall be exempt from the provisions of this article.

B. A hospital may be licensed as a general medical surgical

hospital with one or more specialty services or combination of

specialty services in a single license.

C. Nothing in this article shall authorize any person to

engage, in any manner, in the practice of the healing arts.

Oklahoma Statutes - Title 63. Public Health and Safety Page 265
Okla. Stat. tit. 63, § 63-2175.1 — OK Code / Title 63 / Section 63-2175.1
State Commissioner request for information about public
Status: in_force

cord blood collection operation.

A. On or before July 1, 2008, the State Commissioner of Health

shall request information from one or more umbilical cord blood

banks concerning the establishment of a public cord blood collection

operation within this state to collect, transport, process and store

cord blood units from Oklahoma residents for therapeutic and

research purposes. Any such request for information shall contain

provisions inquiring about the ability of the umbilical cord blood

bank to:

1. Establish and operate one or more collection sites within

the state to collect a targeted number of cord blood units;

2. Implement collection procedures designed to collect cord

blood units that reflect the state’s racial and ethnic diversity;

3. Set up public cord blood collection operations not later

than six (6) months after execution of a contract with the state,

provided the umbilical cord blood bank is able to negotiate any

necessary contracts related to the collection sites within that time

frame;

4. Participate in the National Cord Blood Coordinating Center

or similar national cord blood inventory center by listing cord

blood units in a manner that assures maximum opportunity for use;

5. Have a program that provides cord blood units for research

and agree to provide cord blood units that are unsuitable for

therapeutic use to researchers located within the state at no

charge; and

6. Maintain national accreditation by an accrediting

organization recognized by the federal Health Resources and Services

Administration.

B. On or before January 1, 2009, the Commissioner of Health

shall submit, as and in the manner provided for by law, a summary of

the responses to the request for information, along with any

recommendations, to the Governor, the Speaker of the House of

Representatives, the President Pro Tempore of the Senate, and the

chairs of those committees of the Legislature with legislative

responsibility over matters relating to public health.
Okla. Stat. tit. 63, § 63-1083 — OK Code / Title 63 / Section 63-1083
Rural electric cooperative housing authority
Status: in_force

There is hereby created, with respect to each rural electric

cooperative in the state, a public body corporate and politic, to

function in the operating area of such rural electric cooperative to

be known as the "housing authority" of said cooperative which shall

be an agency of the State of Oklahoma possessing all powers, rights

and functions provided by law for city and county housing

authorities. No rural electric cooperative housing authority shall

transact any business or exercise any powers unless the governing

board of said cooperative, by proper resolution, declares that there

is a need for an authority to function for said cooperative.

Except as otherwise provided in this act, all the provisions of

law applicable to housing authorities created for cities and

counties and the commissioners of such authorities shall be

applicable to rural electric cooperative housing authorities and the

commissioners thereof unless a different meaning clearly appears

from the context. The chief executive officer of each rural

electric cooperative is authorized to exercise all appointing and

other powers with respect to a rural electric cooperative housing

authority that are vested by law in the mayor of a city relating to

a city housing authority.
Okla. Stat. tit. 63, § 63-683.2 — OK Code / Title 63 / Section 63-683.2
Findings and declarations
Status: in_force

A. Because of the existing and increasing possibility of the

occurrence of disasters of unprecedented size and destructiveness

resulting from natural and man-made causes, in order to ensure that

preparations of this state will adequately deal with such disasters

and emergencies, to generally provide for the common defense and to

protect the public peace, health, and safety, to preserve the lives

and property of the people of this state, and to carry out the

objectives of state and national survival and recovery in the event

of a disaster or emergency, it is hereby found and declared to be

necessary to:

1. Create the Oklahoma Department of Emergency Management

(OEM);

2. Authorize the creation of local organizations for emergency

management in the counties and incorporated municipalities of this

state;

3. Provide for the formulation and execution of an emergency

operations plan for the state. A component of the plan shall be

response to a catastrophic health emergency as defined in Section

6104 of this title;

4. Confer upon the Governor and upon the executive heads or

governing bodies of the political subdivisions of the state the

emergency powers provided by the Oklahoma Emergency Management Act

of 2003;

5. Provide for the rendering of mutual aid among the political

subdivisions of this state and with other states to cooperate with

Oklahoma Statutes - Title 63. Public Health and Safety Page 1220

the federal government with respect to carrying out emergency

management functions and hazard mitigation; and

6. Provide sufficient organization to meet, prevent or reduce

emergencies in the general interest and welfare of the public and

this state.

B. It is further declared to be the purpose of the Oklahoma

Emergency Management Act of 2003 and the policy of this state that

all emergency management and hazard mitigation functions of this

state be coordinated to the maximum extent with the comparable

functions of the federal government, including its various

departments and agencies, of other states and localities, and of

private agencies of every type, to the end that the most effective

preparation and use may be made of available workforce, resources

and facilities for dealing with disaster and hazard mitigation.

C. It is also directed that each state agency, board,

commission, department or other state entity having responsibilities

either indicated in the state Emergency Operations Plan or by the

nature of the service it provides to the citizens of Oklahoma shall

have written plans and procedures in place to protect individual

employees, administrators and visitors from natural and man-made

disasters and emergencies occurring at the work place. Plans and

procedures shall be in concurrence with the Oklahoma Department of

Emergency Management Guidebook titled “Emergency Standard Operating

Procedures” for state departments, agencies, offices and employees.

Each state agency, board, commission, department or other state

entity shall provide a calendar year annual report on the status of

their emergency management program to OEM. OEM shall compile and

integrate all reports into a report to the Governor and Legislature

on the status of state emergency preparedness.

D. Each state agency, board, commission, department or other

state entity shall have written plans and procedures in place to

support the responsibilities stated in the state Emergency

Operations Plan.

E. The National Incident Management System (NIMS) shall be the

standard for incident management in the State of Oklahoma. All on-

scene management of disasters and emergencies shall be conducted

using the Incident Command System (ICS).
Okla. Stat. tit. 63, § 63-2151.1 — OK Code / Title 63 / Section 63-2151.1
Organ and tissue donations from HIV positive persons
Status: in_force

No reproductive tissue(s) shall be procured for donation

purposes from any person testing positive for the human

immunodeficiency virus (HIV) infection. Organ(s) and tissue(s) may

be procured for donation purposes from any person testing positive

for HIV infection, provided such procurement and donation are

consistent with the HIV Organ Policy Equity (HOPE) Act (P.L. 113-51,

127 Stat. 579 (2013)) and the regulations promulgated thereunder by

the Organ Procurement and Transplantation Network and the United

States Food and Drug Administration.

1. Every donor, donor candidate or tissue(s) or organ(s) to be

donated shall be tested for the virus infection immediately prior to

the donation of reproductive tissue(s) or tissue(s) or organ(s) for

transplant. If such test has not been conducted immediately prior

to the donation, then the test shall be conducted immediately prior

to the implantation of the donor organ(s) or tissue(s).

Oklahoma Statutes - Title 63. Public Health and Safety Page 1343

2. If the donor is living, the donor shall be notified of the

test results. Notification shall be consistent with donor

confidentiality and with the requirements of state and federal law.

The hospital or other facility responsible for the reproductive

tissue, tissue or organ donation shall provide directly or otherwise

make available appropriate information and counseling services to

reproductive tissue donors and to living tissue or organ donors.
Okla. Stat. tit. 63, § 63-1-1458 — OK Code / Title 63 / Section 63-1-1458
Violations - Application
Status: in_force

A. Upon receipt of a complaint by a licensing board relating to

a violation of the Oklahoma Medical Micropigmentation Regulation Act

or any rules promulgated thereto, the licensing board shall cause an

investigation to be made. If during the investigation, the

licensing board determines that the alleged violation of the

Oklahoma Medical Micropigmentation Regulation Act or any rules

promulgated thereto may have been committed by any person other than

a physician or any other person subject to the licensing board’s

regulatory authority, the licensing board shall immediately notify

the Oklahoma State Department of Health.

B. 1. Upon receipt of a complaint by the Department or upon

receipt of notice pursuant to subsection A of this section relating

to an alleged violation of the Oklahoma Medical Micropigmentation

Regulation Act or rules promulgated thereto which involve the

practice of micropigmentation in the office of a physician, the

Department shall:

Oklahoma Statutes - Title 63. Public Health and Safety Page 628

a. notify the appropriate licensing board of the

complaint and request a joint inspection, or

b. refer the complaint to the appropriate licensing board

for investigation.

2. The licensing boards shall give priority to investigations

of complaints for which the Department has requested a joint

inspection.

C. 1. If a person other than a physician, after proper notice

and hearing as provided in the Administrative Procedures Act, is

found to have violated one or more provisions of the Oklahoma

Medical Micropigmentation Regulation Act, the State Department of

Health may impose one or more of the following penalties:

a. suspend or revoke a certificate,

b. seek injunctive relief,

c. reprimand the certificate holder,

d. place a certificate holder on probation for a

specified period of time,

e. deny renewal of a certificate,

f. require a special quality review of the certificate

holder, subject to such procedures as the Department

by rule deems appropriate,

g. require the person or entity to pay all costs incurred

as a result of hearings conducted regarding actions of

the subject of the hearing including, but not limited

to, investigation costs, hearing officer costs,

renting of special facilities costs, and court

reporter costs, or

h. in addition to any criminal penalty imposed pursuant

to the Oklahoma Medical Micropigmentation Regulation

Act, assess an administrative penalty not to exceed

Ten Thousand Dollars ($10,000.00).

2. Any physician alleged to have violated the Oklahoma Medical

Micropigmentation Regulation Act or rules promulgated by the

licensing board thereto shall be subject to penalties established

pursuant to law by the licensing board which has authority to

regulate the physician.

B. In addition to the penalties provided for in subsection A of

this section, the Department may request the district attorney to

bring an action in the district court for the prosecution of any

person for a violation of any provision of the Oklahoma Medical

Micropigmentation Regulation Act, or order issued or rules

promulgated pursuant thereto.

C. Upon application in writing and upon good cause, the

Department may reinstate a certificate which has been revoked or

suspended or may modify the certificate when reinstated. A person

whose certificate has been revoked or suspended may not reapply for

Oklahoma Statutes - Title 63. Public Health and Safety Page 629

reinstatement during the time period set by the Department which

shall not exceed five (5) years.

D. 1. Administrative penalties assessed by the Department

under the provisions of the Oklahoma Medical Micropigmentation

Regulation Act shall be imposed and enforced pursuant to the

Administrative Procedures Act and may be enforced in district court

as authorized by the Administrative Procedures Act.

2. All monies, excluding costs, collected from administrative

penalties authorized in this section, shall be deposited pursuant to

Section 1-1701.1B of Title 63 of the Oklahoma Statutes.

E. Any person convicted of violating the provisions of the

Oklahoma Medical Micropigmentation Regulation Act or orders issued

or rules promulgated pursuant thereto shall be guilty of a

misdemeanor punishable by imprisonment in the county jail not to

exceed ninety (90) days, a fine of not more than One Thousand

Dollars ($1,000.00), or by both such fine and imprisonment. Each

day upon which such violation occurs shall constitute a separate

violation.

F. The provisions of this section shall apply to:

1. Any person certified to perform medical micropigmentation

pursuant to the Oklahoma Medical Micropigmentation Regulation Act

and who is alleged to be in violation of the Oklahoma Medical

Micropigmentation Regulation Act or rule or order issued pursuant

thereto; and

2. Any person who does not hold a certificate or is not

authorized to practice medical micropigmentation pursuant to the

Oklahoma Medical Micropigmentation Regulation Act and is practicing

or holding himself or herself as authorized to practice medical

micropigmentation.
Okla. Stat. tit. 63, § 63-142.5 — OK Code / Title 63 / Section 63-142.5
Certain excavations, demolitions and explosions
Status: in_force

prohibited near certain facilities.

No excavator shall demolish a structure, discharge an explosive

or commence to excavate in a highway, street, alley or other public

ground or way, a private easement, or on or near the location of the

facilities of an operator without first complying with the

requirements of the Underground Facilities Damage Prevention Act and

the Oklahoma Explosives and Blasting Regulation Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1084
Okla. Stat. tit. 63, § 63-1-745.4 — OK Code / Title 63 / Section 63-1-745.4
Abortion requirements – Determination of probable
Status: in_force

postfertilization age of unborn child.

A. Except in the case of a medical emergency, no abortion shall

be performed or induced or be attempted to be performed or induced

unless the physician performing or inducing it has first made a

determination of the probable postfertilization age of the unborn

child or relied upon such a determination made by another physician.

In making such a determination, the physician shall make such

Oklahoma Statutes - Title 63. Public Health and Safety Page 392

inquiries of the woman and perform or cause to be performed such

medical examinations and tests as a reasonably prudent physician,

knowledgeable about the case and the medical conditions involved,

would consider necessary to perform in making an accurate diagnosis

with respect to postfertilization age.

B. Knowing or reckless failure by any physician to conform to

any requirement of this section constitutes "unprofessional

conduct".
Okla. Stat. tit. 63, § 63-330.53 — OK Code / Title 63 / Section 63-330.53
Renumbered as § 1-1949.3 of this title by Laws 2023, c
Status: in_force

271, § 13, eff. Nov. 1, 2023.
Okla. Stat. tit. 63, § 63-1-227.3 — OK Code / Title 63 / Section 63-1-227.3
Comprehensive state plan for prevention of child abuse
Status: in_force

and neglect.

A. The Oklahoma Commission on Children and Youth shall review

and approve the comprehensive state plan and any subsequent

Oklahoma Statutes - Title 63. Public Health and Safety Page 121

revisions of said plan, prior to the submission of the plan as

provided in this section.

B. On or before July 1, 2007, the Oklahoma Commission on

Children and Youth shall deliver the comprehensive state plan for

the prevention of child abuse and neglect to the Governor, the

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

Representatives. The plan shall include but not be limited to:

1. Specific proposals for the implementation of the

comprehensive state plan which would promote the efficient use of

staff, funds and other resources on the state level and improve the

coordination and integration of state goals, activities and funds

for the prevention of child abuse and neglect, particularly with

regard to primary and secondary prevention of child abuse and

neglect; and

2. Specific proposals detailing the interagency provision of

services to all populations at risk of committing child abuse.

Services, especially those directed at high-risk populations

including, but not limited to, those populations in which parental

drug and/or alcohol abuse, mental illness and domestic abuse are an

issue, shall be specifically addressed.

C. The Office of Child Abuse Prevention and the Oklahoma

Commission on Children and Youth shall at least annually review the

state plan and make any necessary revisions based on changing needs

and program evaluation results not less than every five (5) years.

Any such revisions shall be delivered to the Governor, the Speaker

of the House of Representatives and the President Pro Tempore of the

Senate no later than July 1 of each year.

D. The Office of Child Abuse Prevention shall provide adequate

opportunity for appropriate private and public agencies and

organizations and private citizens and consumers to participate at

the local level in the development of the state plan.
Okla. Stat. tit. 63, § 63-3210 — OK Code / Title 63 / Section 63-3210
University Hospitals - Authority - Agreements and
Status: in_force

undertakings.

A. The University Hospitals Authority shall have the authority

to:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1525

1. Enter into agreements and cooperative ventures with other

health care providers to share services or to provide a benefit to

the hospitals;

2. Make and enter into all contracts and agreements necessary

or incidental to the performance of its duties and the execution of

its powers pursuant to the University Hospitals Authority Act;

3. Join or sponsor organizations or associations intended to

benefit the hospitals;

4. Have members of its governing body or its officers or

administrators serve without pay as directors or officers of any

organization, association or cooperative ventures authorized

pursuant to the University Hospitals Authority Act; and

5. Offer, directly or indirectly, products and services of the

hospitals, any cooperative venture or organization to the general

public.

B. All agreements and obligations undertaken, as permitted

under this section, by the University Hospitals Authority shall be

for a public purpose. In addition to any other limitations,

conditions or restrictions provided by law, the following conditions

shall apply to contractual agreements entered into pursuant to this

section:

1. Private and public funds shall be accounted for separately;

and

2. The state does not assume any liability for private

entities.
Okla. Stat. tit. 63, § 63-1-1750 — OK Code / Title 63 / Section 63-1-1750
Rules and regulations
Status: in_force

The State Board of Health has the power and duty to issue rules

and regulations, not inconsistent with the laws of this state or of

the federal government, which are necessary or useful to regulate in

the public interest the practice of fitting and dealing hearing aids

and licensing qualified individuals for the practice.
Okla. Stat. tit. 63, § 63-685.8 — OK Code / Title 63 / Section 63-685.8
Oaths
Status: in_force

At the time of their designation, emergency interim successors

and special emergency judges shall take such oath as may be required

for them to exercise the powers and discharge the duties of the

office to which they may succeed. Notwithstanding any other

provision of law, no person, as a prerequisite to the exercise of

the powers or discharge of the duties of an office to which he

succeeds, shall be required to comply with any other provisions of

law relative to taking office.
Okla. Stat. tit. 63, § 63-485.11 — OK Code / Title 63 / Section 63-485.11
J.D. McCarty Center for Children with Developmental
Status: in_force

Disabilities Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Cerebral Palsy Commission to be designated the

"J.D. McCarty Center for Children with Developmental Disabilities

Revolving Fund". The fund shall consist of all monies received by

the Commission pursuant to statutory authority, but not including

appropriated funds, gifts and bequests. The revolving fund shall be

a continuing fund, not subject to fiscal year limitations and shall

be under the control and management of the administrative

authorities of the Commission. Expenditures from the fund shall be

made pursuant to the laws of the state and the statutes relating to

the Commission and may include up to Twenty-five Thousand Dollars

($25,000.00) in expenditures for capital improvements within a

single fiscal year or as otherwise provided by the Legislature.

Warrants for expenditures from the fund shall be drawn by the State

Treasurer, based on claims signed by an authorized employee or

employees of the Commission and approved for payment by the Director

of the Office of Management and Enterprise Services.
Okla. Stat. tit. 63, § 63-1-243 — OK Code / Title 63 / Section 63-1-243
Requirements concerning perinatal mental health
Status: in_force

disorders.

A. As used in this section:

1. "Hospital" shall have the same meaning as such term is

defined in Section 1-701 of Title 63 of the Oklahoma Statutes;

2. "Licensed health care professional" means a licensed

allopathic or osteopathic physician, a licensed Advanced Practice

Registered Nurse or a licensed physician assistant;

3. "Postnatal care" means an office visit to a licensed health

care professional occurring after birth, with reference to the

infant or mother;

Oklahoma Statutes - Title 63. Public Health and Safety Page 159

4. "Prenatal care" means an office visit to a licensed health

care professional for pregnancy-related care occurring before birth;

and

5. "Questionnaire" means an assessment tool administered by a

licensed health care professional to detect perinatal mental health

disorders, such as the Edinburgh Postnatal Depression Scale, the

Postpartum Depression Screening Scale, the Beck Depression

Inventory, the Patient Health Questionnaire or other validated

assessment methods.

B. The State Board of Medical Licensure and Supervision, the

State Board of Osteopathic Examiners and the State Board of Nursing

may work with hospitals and licensed health care professionals in

this state to develop policies, procedures, information and

educational materials to meet each of the following requirements

concerning perinatal mental health disorders:

1. Licensed health care professionals providing prenatal care

to women shall provide education to women and, if possible and with

permission, to their families about perinatal mental health

disorders in accordance with the formal opinions and recommendations

of the American College of Obstetricians and Gynecologists;

2. All hospitals that provide labor and delivery services in

this state shall provide new mothers, prior to discharge following

childbirth, and, if possible, shall provide fathers and other family

members with complete information about perinatal mental health

disorders, including its symptoms, methods of coping with the

illness and treatment resources;

3. Licensed health care professionals providing prenatal care

at a prenatal visit shall invite each pregnant patient to complete a

questionnaire and shall review the completed questionnaire in

accordance with the formal opinions and recommendations of the

American College of Obstetricians and Gynecologists. Assessment for

perinatal mental health disorders shall be repeated when, in the

professional judgment of the licensed health care professional, a

reasonable possibility exists that the woman suffers from perinatal

mental health disorders;

4. Licensed health care professionals providing postnatal care

to women shall invite each patient to complete a questionnaire and

shall review the completed questionnaire in accordance with the

formal opinions and recommendations of the American College of

Obstetricians and Gynecologists; and

5. Licensed health care professionals providing pediatric care

to an infant shall invite the infant's mother to complete a

questionnaire at any well-baby checkup at which the mother is

present prior to the infant's first birthday, and shall review the

completed questionnaire in accordance with the formal opinions and

recommendations of the American College of Obstetricians and

Gynecologists, in order to ensure that the health and well-being of

Oklahoma Statutes - Title 63. Public Health and Safety Page 160

the infant are not compromised by an undiagnosed perinatal mental

health disorder in the mother. In order to share results from an

assessment with the mother's primary licensed health care

professional, consent should be obtained from the mother in

accordance with the Health Insurance Portability and Accountability

Act of 1996, 29 U.S.C.A., Section 1181 et seq. If the mother is

determined to present an acute danger to herself or someone else,

consent is not required.
Okla. Stat. tit. 63, § 63-1-1529 — OK Code / Title 63 / Section 63-1-1529
Use of tobacco products prohibited on all properties
Status: in_force

owned, leased or contracted for use by the state.

The use of any tobacco product shall be prohibited on any and

all properties owned, leased or contracted for use by the State of

Oklahoma, including but not limited to all buildings, land and

vehicles owned, leased or contracted for use by agencies or

instrumentalities of the State of Oklahoma. Provided, these

prohibitions shall not apply to the Oklahoma Veterans Centers.
Okla. Stat. tit. 63, § 63-1-323 — OK Code / Title 63 / Section 63-1-323
Vital statistics records confidential – Exceptions –
Status: in_force

Online public index.

A. To protect the integrity of vital statistics records, to

ensure their proper use, and to ensure the efficient and proper

administration of the vital statistics system, it shall be unlawful

for any person to permit inspection of, or to disclose information

contained in, vital statistics records, or to copy or issue a copy

of all or part of any such record except to:

1. The person who is the subject of the record;

2. A parent named on the record or a person acting with the

parent's permission unless that parent is currently incarcerated;

3. Someone acting with permission of the person who is the

subject of the record;

4. Someone acting as a legal representative of the estate of

the person who is the subject of the record;

5. Someone acting as a legal representative of a person

involved in a probate of the estate of the person who is the subject

of the record, as demonstrated by affidavit;

6. An attorney licensed to practice in the United States who

demonstrates by affidavit that the record is necessary in order to

administer a client's estate;

7. Someone in receipt of a court order from a court of

competent jurisdiction ordering access to the record;

8. The Attorney General or to any district attorney upon

request in the course of a criminal investigation;

9. Only in the case of a death certificate, a funeral director;

10. A representative of the Department of Corrections, when the

subject of the record is under supervision of the Department of

Corrections;

11. A representative of the Department of Human Services acting

in accordance with Section 1-311.2 of this title; or

12. Any other person working in the best interest of the

subject of the record or the estate of the subject of record, as

determined by regulations of the Commissioner of Health.

Provided, that death certificates shall be considered publicly

available records fifty (50) years after the death and birth

certificates shall be considered publicly available records one

hundred twenty-five (125) years after the birth.

B. The State Department of Health shall, by July 1, 2017, make

available an online public index that includes, as is applicable,

the name, gender, date of birth, date of death, county of birth, and

county of death of all persons in its records. Birth data shall not

Oklahoma Statutes - Title 63. Public Health and Safety Page 197

be added to the index until twenty (20) years after the birth.

Death data shall not be added to the index until five (5) years

after the death. The index shall be made available online at no

cost to users.

Private entities may request assistance from the Department in

receiving digital files including all or part of the index described

in this subsection. Such private entities may be assessed a fee

that shall not exceed the cost of creating and transmitting the

digital file. The Commissioner may promulgate rules regarding

access to such digital files and applicable fees.

C. The Department may grant applications for electronic

verification of the existence of birth and death certificates for

legal and administrative purposes at any time following the birth or

death when such applications are made by:

1. A government agency in conduct of its official business;

2. A benefit-paying party including but not limited to an

annuity company, pension plan or life insurance company in order to

determine benefit status;

3. A physician licensed to practice in the United States to

determine if a patient has been lost to care; or

4. Other entities for fraud protection, subject to verification

of the entity's purpose by the Department.

The recipient of a record verification, as provided for in this

subsection, may not disclose to a party not involved in the issue

for which the verification was sought.

The Department may charge up to Four Dollars ($4.00) for each

electronic birth or death verification, although such fee may be

waived when such request is received by an Oklahoma state or local

government agency. The recipient of a record verification, as

provided for in this subsection, may also be subject to fees levied

by a contractor retained by the Commissioner to provide such

service.

The Commissioner may promulgate rules necessary to implement the

provisions of this subsection.

D. The Commissioner of Health may authorize the disclosure of

data contained in vital statistics records for public health

surveillance or research purposes.

E. The State Department of Health shall transmit to the

Department of Public Safety:

1. At the end of each quarter year, a list of all registered

deaths which have occurred during such period of time. Upon receipt

of such list the Department of Public Safety shall use such list

solely to update Department of Public Safety records and to cancel

the driver license for those deceased individuals with a valid

Oklahoma driver license at the time of death;

2. At the end of each month, a report of all registered deaths

that resulted from a motor vehicle collision which have occurred

Oklahoma Statutes - Title 63. Public Health and Safety Page 198

during such period of time. The report shall be used by the

Department solely for the purpose of statistical analysis and

reporting; and

3. Upon written request from the Department, a death

certificate. The certificate shall be used solely by the Fatality

Analysis Reporting System (FARS) Analyst of the Oklahoma Highway

Safety Office to populate the federal FARS database.

F. Each month, the Commissioner shall authorize the

transmission to the Oklahoma Health Care Authority of a certified

list of all registered deaths of residents of this state that have

occurred within the state for the immediately preceding month. The

Oklahoma Health Care Authority shall use the transmitted list to

ascertain the names of those individuals participating in the state

Medicaid program who are deceased, and shall thereafter terminate

such deceased person's enrollment in the state Medicaid program.

G. For the purpose of assisting in the location and recovery of

missing children, information pertaining to birth certificates and

requests for copies of birth certificates shall be provided to the

Oklahoma State Bureau of Investigation pursuant to the provisions of

Section 1-323.1 of this title and Section 150.12A of Title 74 of the

Oklahoma Statutes.

H. The Commissioner shall authorize the transmission of death

certificates to the Department of Labor for the purpose of the

Department of Labor conducting a census of total occupational

injuries and illnesses. The Department shall transmit to the

Department of Labor statistics of fatal occupational injuries that

shall include the following:

1. Name of the deceased;

2. Date of death;

3. Sex;

4. Race;

5. Age;

6. Birth date;

7. Social Security number;

8. Whether an autopsy was conducted;

9. Month of the accident; and

10. Whether decedent was of Hispanic origin.

I. The Department of Labor shall be required to protect the

integrity of the vital statistics records to the same extent

required of the Department pursuant to this section.
Okla. Stat. tit. 63, § 63-7100.1 — OK Code / Title 63 / Section 63-7100.1
Short title
Status: in_force

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

as the “Oklahoma Health Information Exchange Act”.
Okla. Stat. tit. 63, § 63-141.7 — OK Code / Title 63 / Section 63-141.7
Renumbered as § 124.6 of this title by Laws 1995, c
Status: in_force

344, § 33, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-1-1002.4 — OK Code / Title 63 / Section 63-1-1002.4
Application of act
Status: in_force

The provisions of the Whitney Starks Act shall apply to any bunk

bed sold on or after November 1, 1998.
Okla. Stat. tit. 63, § 63-2200.14A — OK Code / Title 63 / Section 63-2200.14A
Rights and duties of procurement organization and
Status: in_force

others

A. When a hospital refers an individual at or near death to a

procurement organization, the organization shall make a reasonable

search of the records of the Department of Public Safety and any

donor registry that it knows exists for the geographical area in

Oklahoma Statutes - Title 63. Public Health and Safety Page 1361

which the individual resides to ascertain whether the individual has

made an anatomical gift.

B. A procurement organization must be allowed reasonable access

to information in the records of the Department of Public Safety to

ascertain whether an individual at or near death is a donor.

C. When a hospital refers an individual at or near death to a

procurement organization, the organization may conduct any

reasonable examination necessary to ensure the medical suitability

of a part that is or could be the subject of an anatomical gift for

transplantation, therapy, research, or education from a donor or a

prospective donor. During the examination period, measures

necessary to ensure the medical suitability of the part may not be

withdrawn unless the hospital or procurement organization knows that

the individual expressed a contrary intent.

D. Unless prohibited by any other provisions of law, at any

time after a donor's death, the person to whom a part passes under

Section 2200.11A of this title may conduct any reasonable

examination necessary to ensure the medical suitability of the body

or part for its intended purpose.

E. Unless prohibited by any other provisions of law, an

examination under subsection C or D of this section may include an

examination of all medical and dental records of the donor or

prospective donor.

F. Upon the death of a minor who was a donor or had signed a

refusal, unless a procurement organization knows the minor is

emancipated, the procurement organization shall conduct a reasonable

search for the parents of the minor and provide the parents with an

opportunity to revoke or amend the anatomical gift or revoke the

refusal.

G. Upon referral by a hospital under subsection A of this

section, a procurement organization shall make a reasonable search

for any person listed in Section 2200.9A of this title having

priority to make an anatomical gift on behalf of a prospective

donor. If a procurement organization receives information that an

anatomical gift to any other person was made, amended, or revoked,

it shall promptly advise the other person of all relevant

information.

H. Subject to subsection I of Section 2200.11A of this title

and Section 2200.23A of this title, the rights of the person to

which a part passes under Section 2200.11A of this title are

superior to the rights of all others with respect to the part. The

person may accept or reject an anatomical gift in whole or in part.

Subject to the terms of the document of gift and this act, a person

that accepts an anatomical gift of an entire body may allow

embalming, burial or cremation, and use of remains in a funeral

service. If the gift is of a part, the person to which the part

passes under Section 2200.11A of this title, upon the death of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1362

donor and before embalming, burial, or cremation, shall cause the

part to be removed without unnecessary mutilation.

I. Neither the physician who attends the decedent at death nor

the physician who determines the time of the decedent's death may

participate in the procedures for removing or transplanting a part

from the decedent.

J. A physician or technician may remove a donated part from the

body of a donor that the physician or technician is qualified to

remove.

K. A hospital may adopt guidelines for the interaction between

organ procurement organizations and hospital staff. Nothing in the

Oklahoma Uniform Anatomical Gift Act shall be construed as to

authorize an organ procurement organization to use coercion or

emotional abuse of patients, families of patients, physicians or

hospital staff in any aspect of the organ donation process,

including, but not limited to, the testing and screening of

potential donors and the procurement of organs. For purposes of

this subsection, "emotional abuse" shall include, but not be limited

to, demanding, insisting or pressuring families in a manner that

fails to exhibit sympathy, compassion or sensitivity to the

emotional well-being of those involved.
Okla. Stat. tit. 63, § 63-4218 — OK Code / Title 63 / Section 63-4218
Violations - Penalties
Status: in_force

A. Except as otherwise provided by the provisions of this

section, any person violating the provisions of the Oklahoma Boating

Safety Regulation Act for which another penalty is not provided,

upon conviction thereof, shall be guilty of a misdemeanor and shall

be subject to a fine not to exceed Fifty Dollars ($50.00) for each

such violation.

B. Any person who violates Section 4213 of this title for which

another penalty is not provided, upon conviction thereof, shall be

guilty of a misdemeanor and shall be subject to a fine of not less

than Two Hundred Dollars ($200.00) and not more than One Thousand

Dollars ($1,000.00).

C. Any person who violates any provision of Sections 4206

through 4212 of this title, for which another penalty is not

provided, upon conviction thereof, shall be guilty of a misdemeanor

and shall be subject to a fine of not to exceed One Hundred Dollars

($100.00) for each such violation.
Okla. Stat. tit. 63, § 63-428.1v2 — OK Code / Title 63 / Section 63-428.1v2
Definitions
Status: in_force

As used in the Oklahoma Medical Marijuana Waste Management Act:

1. "Authority" shall mean the Oklahoma Medical Marijuana

Authority, or successor agency;

2. "Commercial licensee" shall mean any person or entity issued

a license by the Oklahoma Medical Marijuana Authority, or successor

agency, to conduct commercial business in this state;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1204

3. "Disposal" shall mean the disposition of medical marijuana

waste by a process which renders the waste unusable and

unrecognizable through physical destruction or a recycling process;

4. "Facility" shall mean the licensed or permitted premises

where the disposal of medical marijuana waste takes place by a

licensee;

5. "License" shall mean a medical marijuana waste disposal

license;

6. "Licensee" shall mean the holder of a medical marijuana

waste disposal license;

7. "Medical marijuana waste" shall mean:

a. unused, surplus, returned or out-of-date marijuana and

plant debris of the plant of the genus Cannabis

including dead plants and all unused plant parts,

except the term shall not include seeds, roots, stems,

stalks and fan leaves, and

b. all product which is deemed to fail laboratory testing

and cannot be remediated or decontaminated; and

8. "Medical marijuana waste disposal license" shall mean a

license issued by the Oklahoma Medical Marijuana Authority, or

successor agency.
Okla. Stat. tit. 63, § 63-2220.2 — OK Code / Title 63 / Section 63-2220.2
Organ donor education and awareness programs
Status: in_force

A. The State Department of Health and the State Department of

Education, giving consideration to the recommendations of the

Advancement of Wellness Advisory Council created in Section 44 of

this act, shall develop organ donor education awareness programs to

educate the general public on the importance of organ donation and

shall recommend priorities in the expenditures from the Oklahoma

Organ Donor Education and Awareness Program Fund.

B. In administering this act, the State Department of Health

and the State Department of Education are authorized, but not

limited to:

1. Develop and implement educational programs and campaigns to

increase organ donation in Oklahoma;

2. Make policy recommendations for the promotion of organ

donation in Oklahoma;

3. Recommend priorities in the expenditures from the Oklahoma

Organ Donor Education Program Fund;

4. Accept and hold property; and

5. Utilize local resources including volunteers when

appropriate.

C. The State Department of Health and the State Department of

Education shall annually submit to the Governor and the Legislature

a report detailing its expenditures of fund monies, its activities,

the status of organ donation in the state, and any recommendations

Oklahoma Statutes - Title 63. Public Health and Safety Page 1382

for legislative changes by the first day of December beginning

December 1, 2002.
Okla. Stat. tit. 63, § 63-3090.1 — OK Code / Title 63 / Section 63-3090.1
Short title - Nondiscrimination in Treatment Act
Status: in_force

This act shall be known and may be cited as the

"Nondiscrimination in Treatment Act".
Okla. Stat. tit. 63, § 63-932 — OK Code / Title 63 / Section 63-932
Rules and regulations
Status: in_force

The Board is hereby authorized to promulgate rules and

regulations necessary or appropriate to carry out effectively the

provisions of this act. Such rules and regulations shall be filed

with the Secretary of State and shall not be effective until ten

(10) days after the date of filing. The Board shall, on the date of

filing, send a copy of the rules and regulations by the United

States mail to the state regulatory board the licensees of which are

affected thereby.
Okla. Stat. tit. 63, § 63-2868v2 — OK Code / Title 63 / Section 63-2868v2
Use of funds – Annual audit – Annual report
Status: in_force

A. Public agencies recognized by the Oklahoma 9-1-1 Management

Authority and authorized to receive funds collected pursuant to the

provisions of the Oklahoma 9-1-1 Management Authority Act shall use

the funds only for services, equipment and operations related to 9-

1-1 emergency telephone services.

B. The 9-1-1 Management Authority will oversee all 9-1-1 fees

collected under this section and Sections 2864, 2866, and 2867 of

this title. The Authority may order the Oklahoma Tax Commission to

escrow fees attributable to public agencies which have misspent,

diverted or supplanted 9-1-1 collected fees to a purpose other than

what is authorized by this section and Sections 2864, 2866, and 2867

of this title.

C. Money remitted to public agencies pursuant to the Oklahoma

9-1-1 Management Authority Act and any money otherwise collected by

any lawful means for purposes of providing 9-1-1 emergency telephone

services shall be deposited in a separate 9-1-1 emergency telephone

service account established by a public agency or its governing body

to carry out the requirements of the Oklahoma 9-1-1 Management

Authority Act. Monies deposited in this account may be transferred

to another account within the governing body, but a 9-1-1-specific

sub-account line item shall be maintained with the accounting

system. Monies remaining in such accounts at the end of a fiscal

year shall carry over to subsequent years. The monies deposited in

the Oklahoma 9-1-1 Management Authority Revolving Fund shall at no

time be monies of the state and shall not become part of the general

budget of the Oklahoma Department of Emergency Management and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1441

Homeland Security or any other state agency. Except as otherwise

authorized by the Oklahoma 9-1-1 Management Authority Act, no monies

from the Oklahoma 9-1-1 Management Authority Revolving Fund shall be

transferred for any purpose to any other state agency or any account

of the Oklahoma Department of Emergency Management and Homeland

Security or be used for the purpose of contracting with any other

state agency or reimbursing any other state agency for any expense.

Payments from the Oklahoma 9-1-1 Management Authority Revolving Fund

shall not become or be construed to be any obligation of the state.

No claims for reimbursement from the Oklahoma 9-1-1 Management

Authority Revolving Fund shall be paid with state monies.

D. If the Oklahoma 9-1-1 Management Authority determines that

the public agency has failed to deploy Phase II service, failed to

meet the State master plan for NG9-1-1 services or has failed to

deliver service consistent with National Emergency Number

Association (NENA) standards, the public agency shall submit an

improvement plan within the time prescribed by the Authority. The

Authority may order the Oklahoma Tax Commission to escrow fees

attributable to public agencies which have not submitted plans or

complied with improvement plans.

E. A public agency shall be required to have conducted

separately or as a part of the annual audit required by law of the

municipality or county an annual audit of any accounts established

or used for the operation of a 9-1-1 emergency telephone system.

The audit may be conducted by the State Auditor and Inspector at the

discretion of the public agency. The cost of the audit of the 9-1-1

emergency telephone system may be paid from and be considered a part

of the operating expenses of the 9-1-1 emergency telephone system.

Proprietary information of the wireless service providers shall be

confidential. Audit information pertaining to revenue collected or

disbursed may be released only in aggregate form so that no

provider-specific information may be extrapolated.

F. Public agencies shall be required to annually submit to the

Authority:

1. A report, on a form to be prescribed by the Authority,

covering the operation and financing of the public safety answering

point which shall include all sources of funding available to the

public agency for the 9-1-1 emergency telephone system; and

2. A copy of the most recent annual audit or budget showing all

expenses of the public agency relating to the 9-1-1 emergency

telephone system.

G. The Authority shall have the power to review, approve,

submit for further information or deny approval of the annual report

of each public agency required pursuant to subsection F of this

section. Failure by a public agency to submit the report annually

or denial of a report may cause the Authority to order the Tax

Commission to escrow the 9-1-1 emergency telephone fees due to the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1442

public agency until the public agency complies with the requirements

of the Oklahoma 9-1-1 Management Authority Act and the procedures

established by the Authority.

H. The governing body or public safety oversight designee of

the public agency shall meet at least quarterly to oversee the

operations of the 9-1-1 emergency telephone system, review

expenditures and annually set and approve an operating budget, and

take any other action as necessary for the operation and management

of the system.

I. Records and meetings of the public agency shall be subject

to the Oklahoma Open Records Act and the Oklahoma Open Meeting Act.
Okla. Stat. tit. 63, § 63-123.6 — OK Code / Title 63 / Section 63-123.6
Provisions cumulative to other laws and ordinances
Status: in_force

The provisions of this part shall be in addition to any other

state or federal laws or municipal ordinances regulating explosives,

blasting agents or similar devices. Each person shall comply with

all applicable state and federal laws and regulations and municipal

ordinances for the storage, manufacture, transportation and the use

of explosives or blasting agents.
Okla. Stat. tit. 63, § 63-3101.15 — OK Code / Title 63 / Section 63-3101.15
Directives executed prior to change in law
Status: in_force

A. Any directive to a physician executed pursuant to the former

Oklahoma Natural Death Act, 63 O.S. 1991, Section 3101 et seq.,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1471

which was executed prior to September 1, 1992, shall be enforceable

according to its terms until revoked and shall have the same force

and effect as if made pursuant to this act. Such directive shall be

binding on the attending physician whether or not the person who

executed the directive was in a terminal condition at the time of

execution unless there is evidence that the person executing the

directive intended that it should be binding only if executed or re-

executed after the person became afflicted with a terminal condition

as defined by the former Oklahoma Natural Death Act.

B. Any advance directive executed prior to the enactment of any

amendment to the Oklahoma Advance Directive Act which substantially

complied with the law in effect at the time of the execution of the

directive shall be enforceable according to its terms until revoked

and shall have the same force and effect as if made pursuant to this

act, as amended.
Okla. Stat. tit. 63, § 63-1-320 — OK Code / Title 63 / Section 63-1-320
Extension of time to file certificate
Status: in_force

The State Commissioner of Health may extend the periods

prescribed in Sections 1-317 and 1-318 for the filing of death

certificates, fetal death certificates, and medical certifications

of cause of death in cases in which compliance with the applicable

prescribed period would result in undue hardship.
Okla. Stat. tit. 63, § 63-685.7 — OK Code / Title 63 / Section 63-685.7
Special emergency judges
Status: in_force

Whenever an emergency or disaster occurs in the United States,

and in the event that any judge of any court is unavailable to

exercise the powers and discharge the duties of the office, and no

other judge authorized to act or no special judge appointed in

accordance with the provisions of the Constitution or statutes is

available to exercise the powers and discharge the duties of such

office, the duties of the office shall be discharged and the powers

exercised by the special emergency judges, each of whom shall

otherwise be qualified to serve as a judge, as hereinafter provided

for:

1. The Governor shall designate for each member of the Supreme

Court special emergency judges in the number of not less than three

nor more than seven for each member of said court, and shall specify

the order of their succession.

2. The Governor shall designate for each member of the Court of

Criminal Appeals special emergency judges in the number of not less

than three nor more than seven for each member of said court, and

shall specify the order of their succession.

3. The Chief Justice of the Supreme Court, in consultation with

the other members of said court, shall designate for each court of

record, except the Supreme Court and the Court of Criminal Appeals,

special emergency judges in the number of not less than three nor

more than seven for each judge of said courts and shall specify

their order of succession.

4. The judge of the district court, or the senior judge of any

such district, in consultation with the other district judges of

that district, where there is more than one judge shall designate

not less than three nor more than seven emergency judges for courts

not of record within that district and shall specify their order of

succession.

Such special emergency judges shall, in the order specified,

exercise the powers and discharge the duties of such office in case

of the unavailability of the regular judge or judges or persons

immediately preceding them in the designation. The designating

authority shall review and revise, as necessary, designations made

pursuant to this act to ensure their current status.

Said special emergency judges shall discharge the duties and

exercise the powers of such office until such time as a vacancy

Oklahoma Statutes - Title 63. Public Health and Safety Page 1260

which may exist shall be filled in accordance with the Constitution

and statutes or until the regular judge or one preceding the

designee in the order of succession becomes available to exercise

the powers and discharge the duties of the office.
Okla. Stat. tit. 63, § 63-1-757.15 — OK Code / Title 63 / Section 63-1-757.15
Joint resolution for legislators to intervene in
Status: in_force

cases challenging constitutionality.

The Legislature, by joint resolution, may appoint one or more of

its members, who sponsored or cosponsored this act in his or her

official capacity, to intervene as a matter of right in any case in

which the constitutionality of this act is challenged.
Okla. Stat. tit. 63, § 63-141.6 — OK Code / Title 63 / Section 63-141.6
Renumbered as § 124.5 of this title by Laws 1995, c
Status: in_force

344, § 33, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-3131.10 — OK Code / Title 63 / Section 63-3131.10
Consent or order to accompany person
Status: in_force

If a person with a do-not-resuscitate consent or order is

transferred from such person's home to the care of a health care

agency or from the care of one health care agency to another health

care agency, the existence of a do-not-resuscitate consent or order

shall be communicated to the receiving health care agency prior to

the transfer, and a copy of the written do-not-resuscitate consent

or order shall accompany the person to the health care agency

receiving the person and shall remain effective unless revoked as

provided in Section 7 of this act.
Okla. Stat. tit. 63, § 63-420 — OK Code / Title 63 / Section 63-420
Medical marijuana patient license – Possession limits -
Status: in_force

Application – Caregiver license.

A. A person in possession of a state-issued medical marijuana

patient license shall be able to:

1. Consume marijuana legally;

2. Legally possess up to three (3) ounces or eighty-four and

nine-tenths (84.9) grams of marijuana on their person;

3. Legally possess six mature marijuana plants and the

harvested marijuana therefrom;

4. Legally possess six seedling plants;

5. Legally possess one (1) ounce or twenty-eight and three

tenths (28.3) grams of concentrated marijuana;

6. Legally possess seventy-two (72) ounces or two thousand

thirty-seven and six-tenths (2037.6) grams of edible marijuana;

7. Legally possess up to eight (8) ounces or two hundred

twenty-six and four-tenths (226.4) grams of marijuana in their

residence; and

8. Legally possess seventy-two (72) ounces of topical

marijuana.

B. Possession of up to one and one-half (1.5) ounces or forty-

two and forty-five one-hundredths (42.45) grams of marijuana by

persons who can state a medical condition, but are not in possession

of a state-issued medical marijuana patient license, shall

constitute a misdemeanor offense punishable by a fine not to exceed

Four Hundred Dollars ($400.00) and shall not be subject to

imprisonment for the offense. Any law enforcement officer who comes

in contact with a person in violation of this subsection and who is

satisfied as to the identity of the person, as well as any other

pertinent information the law enforcement officer deems necessary,

shall issue to the person a written citation containing a notice to

answer the charge against the person in the appropriate court. Upon

receiving the written promise of the alleged violator to answer as

specified in the citation, the law enforcement officer shall release

Oklahoma Statutes - Title 63. Public Health and Safety Page 1100

the person upon personal recognizance unless there has been a

violation of another provision of law.

C. The Oklahoma Medical Marijuana Authority shall be

established which shall receive applications for medical marijuana

patient and caregiver license recipients, dispensaries, growers, and

processors within sixty (60) days of the passage of this initiative.

D. The Authority shall, within thirty (30) days of passage of

this initiative, make available on its website, in an easy-to-find

location, an application for a medical marijuana patient license.

The license shall be valid for two (2) years. The biannual

application fee shall be One Hundred Dollars ($100.00), or Twenty

Dollars ($20.00) for individuals on Medicaid, Medicare or

SoonerCare. The methods of payment shall be provided on the website

of the Authority. Reprints of the medical marijuana patient license

shall be Twenty Dollars ($20.00).

E. A short-term medical marijuana patient license application

shall also be made available on the website of the Authority. A

short-term medical marijuana patient license shall be granted to any

applicant who can meet the requirements for a two-year medical

marijuana patient license, but whose physician recommendation for

medical marijuana is only valid for sixty (60) days. Short-term

medical marijuana patient licenses shall be issued for sixty (60)

days. The fee for a short-term medical marijuana patient license,

reprints of the short-term medical marijuana patient license, and

the procedure for extending or renewing the license shall be

determined by the Executive Director of the Authority.

F. A temporary medical marijuana patient license application

shall also be made available on the website of the Authority for

residents of other states. Temporary medical marijuana patient

licenses shall be granted to any medical marijuana license holders

from other states, provided that such states have state-regulated

medical marijuana programs, and applicants can prove they are

members of such programs. Temporary medical marijuana patient

licenses shall be issued for thirty (30) days. The cost for a

temporary license shall be One Hundred Dollars ($100.00). Renewal

shall be granted with resubmission of a new application. No

additional criteria shall be required. Reprints of the temporary

medical marijuana patient license shall be Twenty Dollars ($20.00).

G. Medical marijuana patient license applicants shall submit

their applications to the Authority for approval. The applicant

shall be a resident of this state and shall prove residency by a

valid driver license, utility bills, or other accepted methods.

H. The Authority shall review the medical marijuana patient

license application; approve, reject, or deny the application; and

mail the approval, rejection, or denial letter stating any reasons

for rejection, to the applicant within fourteen (14) business days

of receipt of the application. Approved applicants shall be issued

Oklahoma Statutes - Title 63. Public Health and Safety Page 1101

a medical marijuana patient license which shall act as proof of his

or her approved status. Applications may only be rejected or denied

based on the applicant not meeting stated criteria or improper

completion of the application. If an application is rejected for

failure to provide required information, the applicant shall have

thirty (30) days to submit the required information for

reconsideration.

I. The Authority shall make available, both on its website and

through a telephone verification system, an easy method to validate

the authenticity of the medical marijuana patient license by the

unique twelve-character identification number and PDF417 barcode.

J. The Authority shall ensure that all medical marijuana

patient and caregiver records and information are sealed to protect

the privacy of medical marijuana patient license applicants.

K. A caregiver license shall be made available for qualified

caregivers of a medical marijuana patient license holder who is

homebound. As provided in Section 427.11 of this title, the

caregiver license shall provide the caregiver the same rights as the

medical marijuana patient licensee including the ability to possess

marijuana, marijuana products and mature and immature plants or

cultivated medical marijuana pursuant to the Oklahoma Medical

Marijuana and Patient Protection Act, but excluding the ability to

use marijuana or marijuana products unless the caregiver has a

medical marijuana patient license. Applicants for a caregiver

license shall submit proof of the license status and homebound

status of the medical marijuana patient and proof that the applicant

is the designee of the medical marijuana patient. The applicant

shall also submit proof that he or she is eighteen (18) years of age

or older and proof of his or her state residency. This shall be the

only criteria for a caregiver license. A licensed caregiver shall

not cultivate medical marijuana for more than five medical marijuana

patient licensees and shall not charge a medical marijuana patient

licensee for cultivating medical marijuana in excess of the actual

costs incurred in cultivating the medical marijuana.

L. All applicants for a medical marijuana patient license shall

be eighteen (18) years of age or older. A special exception shall

be granted to an applicant under the age of eighteen (18); however,

these applications shall be signed by two physicians and the parent

or legal guardian of the applicant.

M. All applications for a medical marijuana patient license

shall be signed by an Oklahoma physician licensed by and in good

standing with the State Board of Medical Licensure and Supervision,

the State Board of Osteopathic Examiners, or the Board of Podiatric

Medical Examiners. There are no qualifying conditions. A medical

marijuana patient license shall be recommended according to the

accepted standards a reasonable and prudent physician would follow

when recommending or approving any medication. No physician may be

Oklahoma Statutes - Title 63. Public Health and Safety Page 1102

unduly stigmatized, penalized, subjected to discipline, sanctioned,

reprimanded or harassed for signing a medical marijuana patient

license application, provided the physician acted in accordance with

the provisions of this subsection and all other rules governing the

medical license of the physician in this state.

N. Counties and cities may enact medical marijuana guidelines

allowing medical marijuana patient license holders or caregiver

license holders to exceed the state limits set forth in subsection A

of this section.

Added by Section 1, State Question No. 788, Initiative Petition No.

412, adopted at election held June 26, 2018, eff. July 26, 2018.
Okla. Stat. tit. 63, § 63-2-801 — OK Code / Title 63 / Section 63-2-801
Definitions
Status: in_force

As used in this act:

1. "Academic medical center" means a medical school and its

affiliated teaching hospitals and clinics in this state that:

a. operate a medical residency program for physicians,

and

b. conduct research that is overseen by the federal

Department of Health and Human Services and involves

human subjects;

2. "Approved source" means a provider approved by the United

States Food and Drug Administration which produces cannabidiol that:

a. has been manufactured and tested in a facility

approved or certified by the United States Food and

Drug Administration or similar national regulatory

agency in another country which has been approved by

the United States Food and Drug Administration, and

b. has been tested on animals to demonstrate preliminary

effectiveness and to ensure that it is safe to

administer to humans;

3. "Cannabidiol" means a nonpsychoactive cannabinoid found in

the plant Cannabis sativa L. or any other preparation thereof, that

has a tetrahydrocannabinol concentration of not more than three-

tenths of one percent (0.3%) and that is delivered to the patient in

the form of a liquid;

4. "Physician" means a doctor of medicine or doctor of

osteopathic medicine licensed by the State Board of Medical

Licensure and Supervision or the State Board of Osteopathic

Examiners; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1050

5. "Qualifying patient" means any person who suffers from

Lennox-Gastaut Syndrome, Dravet Syndrome, also known as Severe

Myoclonic Epilepsy of Infancy, or any other form of refractory

epilepsy that is not adequately treated by traditional medical

therapies.
Okla. Stat. tit. 63, § 63-1-101 — OK Code / Title 63 / Section 63-1-101
Short title
Status: in_force

This act shall be known as the Oklahoma Public Health Code.
Okla. Stat. tit. 63, § 63-1-324 — OK Code / Title 63 / Section 63-1-324
Certified copies of records - Evidentiary value
Status: in_force

Unless otherwise provided in this article:

(a) The State Commissioner of Health shall, upon request, issue

a certified copy of any certificate or record in his custody or of a

part thereof. Each copy issued from records marked "delayed,"

"amended," or "court order" shall be similarly marked and show the

effective date.

(b) A copy of a certificate or any part thereof issued in

accordance with subsection (a) of this section, certified to by the

State Commissioner of Health or by a person designated by him for

such purpose, shall be considered for all purposes the same as the

original, and shall be prima facie evidence of the facts therein

stated, provided that the evidentiary value of a certificate or

record filed more than one (1) year after the event or a record

which has been amended shall be determined by the judicial or

administrative body or official before whom the certificate is

offered as evidence. Such certification by the Commissioner or his

designee, and seal accompanying the same, may be accomplished by

facsimile process.

(c) The National Vital Statistics Division may be furnished such

copies or data as it may require for national statistics; provided,

that the State Department of Health shall be reimbursed for the cost

Oklahoma Statutes - Title 63. Public Health and Safety Page 200

of furnishing such data; and provided, further, that such data shall

not be used for other than statistical purposes by the National

Vital Statistics Division unless so authorized by the State

Commissioner of Health.

(d) Federal, state, local, and other public or private agencies

may, upon request, be furnished copies or data for statistical

purposes, upon such terms or conditions as may be prescribed by the

Commissioner.

(e) No person shall prepare or issue any certificate which

purports to be an original, certified copy, or copy of a certificate

of birth, death, or fetal death, except as authorized in this

article, or regulations adopted hereunder.
Okla. Stat. tit. 63, § 63-1-756.9 — OK Code / Title 63 / Section 63-1-756.9
Creation and distribution of forms
Status: in_force

The State Department of Health shall create and distribute the

forms required by this act within sixty (60) days after the

effective date of this act. No provision of this act requiring the

reporting of information on forms published by the Department shall

be applicable until ten (10) days after the requisite forms are

Oklahoma Statutes - Title 63. Public Health and Safety Page 451

first created and distributed or until the effective date of this

act, whichever is later.
Okla. Stat. tit. 63, § 63-427.1 — OK Code / Title 63 / Section 63-427.1
Short title - Oklahoma Medical Marijuana and Patient
Status: in_force

Protection Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1115

This act shall be known and may be cited as the "Oklahoma

Medical Marijuana and Patient Protection Act".
Okla. Stat. tit. 63, § 63-1-2720 — OK Code / Title 63 / Section 63-1-2720
Oklahoma Medical Loan Repayment Program
Status: in_force

Sections 1 through 3 of this act shall be known and may be cited

as the “Oklahoma Medical Loan Repayment Program”.
Okla. Stat. tit. 63, § 63-686.14 — OK Code / Title 63 / Section 63-686.14
Termination of authority
Status: in_force

The authority of emergency interim successors to succeed to the

powers and duties of legislators, the operation of the provisions of

this act relating to quorum, the number of affirmative votes

required for legislative action, and limitations on the length of

sessions and the subjects which may be acted upon shall expire two

(2) years following the inception of an emergency or disaster, but

nothing herein shall prevent the resumption before such time of the

filling of legislative vacancies and the calling of elections for

the Legislature in accordance with applicable constitutional and

statutory provisions. The Governor, acting by proclamation, or the

Legislature, acting by concurrent resolution, may from time to time

extend or restore such authority or the operation of any of such

provisions upon a finding that events render the extension or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1266

restoration necessary, but no extension or restoration shall be for

a period of more than one (1) year.
Okla. Stat. tit. 63, § 63-1-818.31 — OK Code / Title 63 / Section 63-1-818.31
Renumbered as § 1430.31 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-1921 — OK Code / Title 63 / Section 63-1-1921
Contracts - Provisions and procedures
Status: in_force

A. A written contract shall be executed between a person or his

guardian or responsible party or if the resident is a minor, his

parent, and a facility or its agent within one hundred twenty (120)

days from the time a person is admitted to a facility, or at the

expiration of the period of previous contract, or when the source of

payment for the resident's care changes from private to public funds

or from public to private funds; if a person is a resident of a

facility on the effective date of this act and no legally

enforceable contract exists, then a contract as described in this

section shall be executed within sixty (60) days after the effective

date of this act. If the facility receives or is to receive payment

by the state or federal government, an individual contract with the

nursing home is not required.

A resident shall not be discharged or transferred at the

expiration of the term of a contract, except as provided in Sections

1-1926 through 1-1937 of this title.

B. The contract shall be executed between the resident or the

resident's guardian or, if the resident is a minor, his parent or

guardian and the licensee.

C. A copy of the contract shall be given to the resident or to

the resident's representative at the time of the resident's

admission to the facility.

D. A copy of the contract for a resident who is supported by

nonpublic funds other than the resident's own funds shall be made

available to the person providing the funds for the resident's

support.

E. The contract shall be written in clear and unambiguous

language and shall be printed in type no smaller than standard

typewriter pica or elite type. The general form of the contract

shall be prescribed by the Department.

F. The contract shall specify:

1. The term of the contract;

2. The services to be provided under the contract and the

charges for the services;

3. The services that may be provided to supplement the contract

and the charges for the services;

4. The sources liable for payments due under the contract;

Oklahoma Statutes - Title 63. Public Health and Safety Page 708

5. The amount of deposit paid; and

6. The rights, duties and obligations of the resident, except

that the specification of a resident's rights may be furnished on a

separate document which complies with the requirements of Section 1-

1918 of this title.

G. The contract shall designate the name of the resident's

representative, if any.

H. The contract shall provide that if the resident dies or is

compelled by a change in physical or mental health to leave the

facility, the contract and all obligations under it shall terminate

immediately. All charges shall be prorated as of the date on which

the contract terminates, and, if any payments have been made in

advance, the excess shall be refunded to the resident. This

provision shall not apply to life-care contracts through which a

facility agrees to provide maintenance and care for a resident

throughout the remainder of his life or to continuing-care contract

through which a facility agrees to supplement all available forms of

financial support in providing maintenance and care for a resident

throughout the remainder of his life.
Okla. Stat. tit. 63, § 63-1-205 — OK Code / Title 63 / Section 63-1-205
County, district and cooperative departments of health -
Status: in_force

Medical director - Contracts for public health services.

A. The county board of health may, with the approval of the

State Commissioner of Health, establish and maintain a county

department of health, the maintenance and operation of which is

hereby declared to be a function of county government for which

appropriations may be made from the general fund of the county and

the proceeds of a levy made in accordance with Section 9A of Article

X of the Oklahoma Constitution.

B. The county boards of health of two or more counties may,

with the approval of the Commissioner, form a health district

composed of such counties for public health purposes. The health

district may have a district department of health which shall be

operated, in such counties, in the same manner as county departments

of health. A health district may also be comprised of multiple

county health departments operating under agreement to share

resources for purposes of enhancing health outcomes for the member

counties, provided costs are allocated in proportion to resources

utilized by each county.

C. Cooperative departments of health may be formed by agreement

between the county board of health of any county maintaining a

county department of health, or the county boards of health of

counties in a health district, and the governing boards of cities,

towns, and school districts lying wholly or partly in such county or

health district. Any such agreement shall stipulate what health

services will be provided to the cities, towns and school districts,

which may be all or any of the services that may be provided by a

county department of health, and shall also fix the amounts of funds

to be paid by the cities, towns, and school districts for the

services. All agreements made under the provisions of this section

shall be subject to the approval of the State Commissioner of

Health.

D. A county department of health, a district department of

health and a cooperative department of health shall be under the

direction of a medical director, who shall perform his or her duties

under the supervision of the Commissioner, and who shall, in

addition to other duties, perform the same powers, duties and

functions in the county, in the health district, or in the

cooperative department, as is provided by law for county

superintendents of health. The Commissioner shall appoint and fix

the duties and compensation of the medical director, who shall be a

physician licensed under the laws of this state, and shall employ

and fix the duties and compensation of such other personnel as the

Commissioner deems necessary for the operation of the county

department of health, the district department of health, or the

Oklahoma Statutes - Title 63. Public Health and Safety Page 102

cooperative department of health, all such personnel to be employed

under provisions of the Oklahoma Personnel Act and paid by state

warrant. Reimbursements to the State Department of Health shall be

paid by the county from the Section 9A of Article X of the Oklahoma

Constitution mill levy revenues, payable for the benefit of such

county health department, district department of health, or the

cooperative department of health and payable within thirty (30) days

of receipt of an invoice therefor. Provided that, in any such local

health department operating under the direction of a medical

director who serves less than full time, the Commissioner may

delegate nonmedical administrative duties to another employee of the

county, district, or cooperative health department.

E. The board of health or board of county commissioners of any

county may contract with the board of health or board of county

commissioners of any county or the State Department of Health to

provide the county any or all public health services. The county

receiving the services shall pay for the rendering of services

according to a schedule of fees and payments mutually agreed upon by

the the county or counties affected. Such schedule of fees and

payments shall be equal to the cost of the services provided.
Okla. Stat. tit. 63, § 63-1-1432.2 — OK Code / Title 63 / Section 63-1-1432.2
Definitions
Status: in_force

As used in the Oklahoma Kratom Consumer Protection Act:

1. “Food” means a food, food product, food ingredient, dietary

ingredient, dietary supplement or beverage for human consumption;

2. “Independent testing laboratory” means a laboratory that:

a. does not have a direct or indirect interest in the

entity whose product is being tested,

b. does not have a direct or indirect interest in a

facility that processes, distributes, dispenses, or

sells kratom products in this state or in another

jurisdiction, and

c. is nationally accredited by an accrediting body as

defined by Section 150.37 of Title 74 of the Oklahoma

Statutes;

3. “Kratom leaf” means the leaf of the kratom plant, Mitragyna

speciosa, in fresh or dehydrated or dried form that undergoes no

post-harvest processing other than drying or size reduction by

cutting, milling, or similar procedure, and may be cleaned or

sterilized using standard treatments applied to food ingredients,

such as heat, steam, pressurization, or irradiation or other

Oklahoma Statutes - Title 63. Public Health and Safety Page 619

standard treatments applied to food ingredients. The total alkaloid

content of kratom leaf material used in the kratom product shall not

exceed three and one-half percent (3.5%) measured on a dried weight-

to-weight basis;

4. “Kratom leaf extract” means the material obtained by

extracting kratom using a solvent consisting of:

a. water, ethanol, or food-grade carbon dioxide (CO ), or

2

b. any other solvent allowed by federal or state

regulation for use in manufacturing a food ingredient.

The extracted material shall contain mitragynine as the most

abundant alkaloid, measured on a weight-to-weight basis;

5. “Kratom product” means a food or dietary supplement that

consists of or contains kratom leaf or kratom leaf extract that does

not contain any synthesized kratom alkaloids, other synthesized

kratom constituents, or synthesized metabolites of any kratom

constituent in which the level of 7-hydroxymitragynine, on a percent

weight basis, is not greater than one percent (1%) of the amount of

total kratom alkaloids, as confirmed with a high-performance liquid

chromatography testing method. For purposes of this paragraph,

“synthesized” refers to substances produced using directed synthetic

or biosynthetic chemistry, as opposed to traditional food

preparation techniques such as heating or extracting;

6. “Total kratom alkaloids” means the sum of mitragynine,

speciociliatine, speciogynine, paynantheine, and 7-

hydroxymitragynine; and

7. “Vendor” means a person or entity that sells, prepares or

maintains kratom products or that advertises, represents, or holds

himself, herself, or itself out as selling, preparing or maintaining

kratom products and includes a manufacturer, wholesaler, store,

restaurant, hotel, catering facility, camp, bakery, delicatessen,

supermarket, grocery store, convenience store, nursing home, or food

or drink company.
Okla. Stat. tit. 63, § 63-2869.5 — OK Code / Title 63 / Section 63-2869.5
Liability
Status: in_force

A. No public agency or employee of a public agency shall be

liable for the method of providing or failure to provide nine-one-

one emergency telephone or communication service or nine-one-one

wireless emergency telephone service or for the method of providing

or failure to provide emergency response service.

B. No public agency or employee of a public agency shall have

any special duty to any service user or other user of the nine-one-

one emergency telephone system or nine-one-one wireless emergency

telephone system or any other telecommunication or communication

system supplying or obligated to supply nine-one-one service.

C. A service provider of telecommunications or other

communication services involved in providing nine-one-one emergency

telephone service or nine-one-one wireless emergency telephone

service shall not be liable for any claim, damage, or loss arising

from the provision of nine-one-one emergency telephone service or

nine-one-one wireless emergency telephone service unless the act or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1444

omission proximately causing the claim, damage, or loss constitutes

gross negligence, recklessness, or intentional misconduct.

D. As used in this section:

1. "Employee" shall have the same meaning as defined in Section

152 of Title 51 of the Oklahoma Statutes; and

2. "Communication" means the transmission, conveyance, or

routing of real-time, two-way voice communications to a point or

between or among points by or through any electronic, radio,

satellite, cable, optical, microwave, wireline, wireless, or other

medium or method, regardless of the protocol used.
Okla. Stat. tit. 63, § 63-2666 — OK Code / Title 63 / Section 63-2666
Formal transfer agreement
Status: in_force

An ambulatory surgical center shall have a formal transfer

agreement with a general hospital, as defined in Section 1-701 of

Title 63 of the Oklahoma Statutes, located not more than a twenty-

minute travel distance from the center, or all physicians performing

surgery in the ambulatory surgical center shall have admitting

privileges at a general hospital, located not more than a twenty-

minute travel distance from the center.
Okla. Stat. tit. 63, § 63-5053.4 — OK Code / Title 63 / Section 63-5053.4
Actions brought by individuals - Share of proceeds of
Status: in_force

actions or settlement - Award of expenses, fees, and costs.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1755

A. 1. If the state proceeds with an action brought by a person

under subsection B of Section 5053.2 of this title, the person

shall, subject to paragraph 2 of this subsection, receive at least

fifteen percent (15%) but not more than twenty-five percent (25%) of

the proceeds of the action or settlement of the claim, depending

upon the extent to which the person substantially contributed to the

prosecution of the action.

2. Where the action is one which the court finds to be based

primarily on disclosures of specific information, other than

information provided by the person bringing the action, relating to

allegations or transactions in a criminal, civil or administrative

hearing, in a legislative, administrative or State Auditor and

Inspector report, hearing, audit or investigation, or from the news

media, the court may award such sums as it considers appropriate,

but in no case more than ten percent (10%) of the proceeds, taking

into account the significance of the information and the role of the

person bringing the action in advancing the case to litigation.

3. Any payment to a person under paragraph 1 or 2 of this

subsection shall be made from the proceeds. Any such person shall

also receive an amount for reasonable expenses which the court finds

to have been necessarily incurred, plus reasonable attorney fees and

costs. All such expenses, fees, and costs shall be awarded against

the defendant.

B. If the state does not proceed with an action under Section

5053.2 of this title, the person bringing the action or settling the

claim shall receive an amount which the court decides is reasonable

for collecting the civil penalty and damages. The amount shall be

not less than twenty-five percent (25%) and not more than thirty

percent (30%) of the proceeds of the action or settlement and shall

be paid out of the proceeds. The person shall also receive an

amount for reasonable expenses which the court finds to have been

necessarily incurred, plus reasonable attorney fees and costs. All

such expenses, fees, and costs shall be awarded against the

defendant.

C. Whether or not the state proceeds with the action, if the

court finds that the action was brought by a person who planned and

initiated the violation of the Oklahoma Medicaid False Claims Act

upon which the action was brought, then the court may, to the extent

the court considers appropriate, reduce the share of the proceeds of

the action which the person would otherwise receive under subsection

A or B of this section, taking into account the role of that person

in advancing the case to litigation and any relevant circumstances

pertaining to the violation. If the person bringing the action is

convicted of criminal conduct arising from his or her role in the

violation of the Oklahoma Medicaid False Claims Act, that person

shall be dismissed from the civil action and shall not receive any

share of the proceeds of the action. The dismissal shall not

Oklahoma Statutes - Title 63. Public Health and Safety Page 1756

prejudice the right of this state to continue the action,

represented by the Office of the Attorney General or its assigns.

D. If the state does not proceed with the action and the person

bringing the action conducts the action, the court may award to the

defendant its reasonable attorney fees and expenses if the defendant

prevails in the action and the court finds that the claim of the

person bringing the action was clearly frivolous, clearly vexatious,

or brought primarily for purposes of harassment.
Okla. Stat. tit. 63, § 63-2-509 — OK Code / Title 63 / Section 63-2-509
Eradication - Penalties - Prohibition of suspended or
Status: in_force

deferred sentences or probation.

A. All species of plants from which controlled dangerous

substances in Schedules I and II may be derived are hereby declared

inimical to health and welfare of the public, and the intent of the

Legislature is to control and eradicate these species of the plants

in the State of Oklahoma.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1042

B. It shall be unlawful for any person to cultivate or produce,

or to knowingly permit the cultivation, production, or wild growing

of any species of such plants, on any lands owned or controlled by

such person, and it is hereby declared the duty of every such person

to destroy all such plants found growing on lands owned or

controlled by the person.

C. 1. Whenever any peace officer of the state shall receive

information that any species of any such plants has been found

growing on any private lands in the State of Oklahoma, the peace

officer shall notify the sheriff and county commissioners of the

county wherein such plants are found growing. Within five (5) days

of receipt of such notice, the county commissioners shall notify the

owner or person in possession of such lands that such plants have

been found growing on the lands and that the same must be destroyed

or eradicated within fifteen (15) days. When the fifteen (15) days

have elapsed, the reporting peace officer shall cause an

investigation to be made of the aforesaid lands, and if any such

plants be found growing thereon, the county commissioners shall

cause the same to be destroyed or eradicated by either cutting and

burning or by applications of herbicides approved for such purpose

and registered for use in Oklahoma by the Oklahoma Department of

Agriculture, Food, and Forestry in accordance with Section 2-505 of

this title.

2. Whenever any such plants are destroyed or eradicated by

order of the county commissioners as provided herein, the cost of

the same shall, if the work or labor be furnished by the county

commissioners, be taxed against the lands whereon the work was

performed, and shall be a lien upon such land in all manner and

respects as a lien of judgment, if the owner is charged with a

violation of subsection B of this section. If the violation of

subsection B of this section is by a person other than the owner of

the land, without the knowledge of the owner, the costs shall be

paid by the initiating law enforcement agency.

D. Knowingly violating the provisions of subsection B or

subsection H of this section is hereby declared, as to the owner, or

person in possession of such lands, to be a felony and upon

conviction punishable as such by a fine not to exceed Fifty Thousand

Dollars ($50,000.00) and imprisonment in the custody of the

Department of Corrections for not more than ten (10) years. The

fine provided for in this subsection shall be in addition to other

punishments provided by law and shall not be in lieu of other

punishment. Any person convicted of a second violation of

subsection B or subsection H of this section is, upon conviction,

punishable by a term of imprisonment in the custody of the

Department of Corrections for not less than two (2) years nor more

than twenty (20) years and by twice the fine otherwise authorized.

Any person convicted of a third or subsequent violation of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1043

subsection B or subsection H of this section is punishable by a term

of imprisonment in the custody of the Department of Corrections for

not less than ten (10) years nor more than life.

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

Oklahoma who receives information of such plants growing in the

State of Oklahoma, to make notice, in writing, to the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control and the future

destruction or eradication of the annual growth of such plants shall

be supervised by the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control. Any destruction or eradication of the

annual growth of such plants supervised by the Bureau shall be by

cutting and burning the same or by destruction and eradication

through applications of herbicides approved for such purpose and

registered for use in Oklahoma by the Oklahoma Department of

Agriculture, Food, and Forestry.

F. Any application of herbicides authorized by this section

shall be made pursuant to the provisions of Section 2-505 of this

title.

G. In lieu of the eradication procedures provided for in

subsections B and C of this section, all species of plants from

which controlled dangerous substances in Schedules I and II of the

Uniform Controlled Dangerous Substances Act may be derived, may be

disposed of pursuant to the provisions of subsection C of Section 2-

505 of this title.

H. Except as authorized by the Uniform Controlled Dangerous

Substances Act, it shall be unlawful, and a Class B4 felony offense,

for any person to manufacture or attempt to manufacture any

controlled dangerous substance by cooking, burning, or extracting

and converting or attempting to extract and convert marihuana or

marihuana oil into hashish, hashish oil or hashish powder.
Okla. Stat. tit. 63, § 63-2417 — OK Code / Title 63 / Section 63-2417
Duties and responsibilities of State Department of
Status: in_force

Rehabilitation Services.

The State Department of Rehabilitation Services is hereby

directed to:

1. Provide for the availability, distribution and maintenance,

at no cost to qualified individuals with hearing or speech

disabilities, or both, telecommunication devices and ring-signaling

devices compatible with the telecommunications relay services for

deaf or hard-of-hearing and speech-impaired individuals requirements

of the Americans with Disabilities Act of 1990 and regulations

promulgated thereunder; and

2. Design and implement a needs assessment test so that

individuals with hearing or speech disabilities, or both, are

benefited by this program. Provided, however, that no equipment and

maintenance shall be provided without charge for those individuals

meeting more than two hundred percent (200%) of the income

guidelines for food stamps. The State Department of Rehabilitation

Services shall develop a sliding scale to provide equipment and

maintenance to individuals exceeding the needs test specified by

this paragraph.
Okla. Stat. tit. 63, § 63-1-2021 — OK Code / Title 63 / Section 63-1-2021
Renumbered as § 2-7-307 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-740.4b — OK Code / Title 63 / Section 63-1-740.4b
Unlawful acts - Defense - Civil action - Consent
Status: in_force

A. A person who knowingly or recklessly uses a false

governmental record or makes a fraudulent representation or

statement in order to obtain an abortion for a minor in violation of

this title or intentionally causes, aids, abets or assists an

unemancipated minor to obtain an abortion without the consent

required by Section 1-740.2 of this title commits a Class D2 felony

offense.

B. A physician who intentionally or knowingly performs an

abortion on a pregnant unemancipated minor in violation of this

title commits a Class D2 felony offense.

Oklahoma Statutes - Title 63. Public Health and Safety Page 372

C. 1. It is a defense to prosecution under subsection B of

this section if the person falsely representing himself or herself

as the parent or guardian of the minor displayed an apparently valid

governmental record of identification such that a reasonable person,

under similar circumstances, would have relied on the

representation.

2. The defense does not apply if the physician, or agent of the

physician, failed to use due diligence in determining the age of the

minor or the identity of the person represented as the parent or

guardian of the minor.

D. A person who knowingly or recklessly uses a false

governmental record or makes a fraudulent representation or

statement in order to obtain an abortion for a minor in violation of

this title or intentionally causes, aids, abets or assists an

unemancipated minor to obtain an abortion without the consent

required by Section 1-740.2 of this title or any physician who

intentionally or knowingly performs an abortion on a pregnant

unemancipated minor in violation of this title shall be civilly

liable to the minor and to the person or persons required to give

consent pursuant to the provisions of Section 1-740.2 of this title.

A court may award damages to the person or persons adversely

affected by a violation of this section including compensation for

emotional injury without the need for personal presence at the act

or event, and the court may further award attorney fees, litigation

costs, and punitive damages. Any adult who engages in or consents

to another person engaging in a sexual act with a minor, which

results in the minor's pregnancy, shall not be awarded damages under

this section.

E. A court of competent jurisdiction may enjoin conduct that

would be in violation of this section upon petition by the Attorney

General, a district attorney or any person adversely affected or who

reasonably may be adversely affected by such conduct, upon a showing

that such conduct:

1. Is reasonably anticipated to occur in the future; or

2. Has occurred in the past, whether with the same minor or

others, and that it is reasonably expected to be repeated.

F. It is not a defense to a claim brought pursuant to this

section that the minor gave informed and voluntary consent.

G. An unemancipated minor does not have the capacity to consent

to any action that violates this title.
Okla. Stat. tit. 63, § 63-1-1440.2 — OK Code / Title 63 / Section 63-1-1440.2
Recodified as § 5-4.3 of Title 2 by Laws 2017, c. 85,
Status: in_force

§ 5, eff. Nov. 1, 2017.
Okla. Stat. tit. 63, § 63-2659 — OK Code / Title 63 / Section 63-2659
Application
Status: in_force

A. Application for a license shall be made to the Commissioner

upon forms provided by the Commissioner and shall contain such

information as the Commissioner may require. The Commissioner shall

require affirmative evidence of ability to comply with such

reasonable standards, rules and regulations as are lawfully

prescribed under the provisions of this act.

B. Each application for a license, except applications from

governmental units, shall be accompanied by an annual license fee of

One Hundred Dollars ($100.00). All license fees shall be deposited

in the State Treasury to the credit of the General Fund of the

Department of Health.
Okla. Stat. tit. 63, § 63-1-1301.1 — OK Code / Title 63 / Section 63-1-1301.1
Renumbered as § 7-401 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-485.2 — OK Code / Title 63 / Section 63-485.2
Oklahoma Spastic Paralysis Commission - Creation -
Status: in_force

Powers and duties.

There is hereby created the Oklahoma Spastic Paralysis

Commission, which is designated as an agency of the State of

Oklahoma, and is hereby authorized to exercise the powers and duties

authorized in this act and all other powers incident and necessary

to the purpose of this act.
Okla. Stat. tit. 63, § 63-695.9 — OK Code / Title 63 / Section 63-695.9
Reimbursement for loss, damage, expense or cost
Status: in_force

Any jurisdiction rendering aid in another jurisdiction pursuant

to the Oklahoma Intrastate Mutual Aid Compact shall be reimbursed by

the jurisdiction receiving such aid for any loss or damage to or

expense incurred in the operation of any equipment and the provision

of any service in answering a request for aid and for the costs

incurred in connection with such requests; provided, that any aiding

jurisdiction may assume in whole or in part such loss, damage,

expense, or other cost, or may loan such equipment or donate such

services to the receiving jurisdiction without charge or cost; and

provided further, that any two or more jurisdictions may enter into

supplementary agreements establishing a different allocation of

costs among those jurisdictions. Compensation expenses shall not be

reimbursable under this section.
Okla. Stat. tit. 63, § 63-4026 — OK Code / Title 63 / Section 63-4026
Repossession by mortgagee - Liability for delinquent
Status: in_force

registration.

At any time that a mortgagee repossesses a vessel or motor on

which the registration has become delinquent as of the date of such

repossession, the mortgagee shall not be required, as a condition

for registration of said vessel or motor to pay any of the penalties

which had accrued as of the date of such repossession otherwise

prescribed in the Oklahoma Vessel and Motor Registration Act.

Provided that said penaltiesshall not be waived unless such vessel

or motor is registered by the mortgagee within five (5) days after

it is repossessed. Provided further, that if the mortgagor or

spouse, becomes the owner of the vessel or motor withinninety (90)

days from the date of repossession, the penalty shall reattach and

be paid when application is made for the new title.
Okla. Stat. tit. 63, § 63-1-550.3 — OK Code / Title 63 / Section 63-1-550.3
Record of Infants Born Exposed to Alcohol and Other
Status: in_force

Harmful Substances.

A. The Department of Human Services shall establish and

maintain an up-to-date Record of Infants Born Exposed to Alcohol and

Other Harmful Substances. Such record shall include data necessary

for surveys and scientific research, and other data which is

necessary and proper to further the recognition, prevention and

treatment of infants born addicted to or prenatally exposed to

harmful substances and shall be based upon information collected by

the Department as a result of investigations made pursuant to

Section 7103 of Title 10 of the Oklahoma Statutes. For purposes of

this section, "harmful substances" means an intoxicating liquor or a

controlled dangerous substance.

B. The Record of Infants Born Exposed to Alcohol and Other

Harmful Substances shall include, but not be limited to, the

following information:

1. The classification of the birth hospital, whether it is

public or private;

2. Results of the toxicology report on an infant and its mother

and, if positive, the type of drug or drugs involved;

3. The date of birth, birth weight, gestational age and race of

the infant;

4. The county of residence;

5. The date and county of report;

6. Demographic information on the mother including, but not

limited to, age, race, education level, marital status, income

level, whether prenatal care was received and the type of prenatal

care received, whether it was private, public health clinic or

hospital clinic;

7. Type of treatment, whether the mother was referred for

inpatient or outpatient; and

8. Whether the child was recommended for removal from custody

of the parent.

C. Nothing in this section shall be construed to compel any

infant or mother reported pursuant to the provisions of this act to

submit to any medical examination, treatment or supervision of any

kind.

D. The Commission for Human Services shall promulgate rules to

carry out the provisions of this section and the Department of Human

Services shall adopt agency policy directing employees of the Child

Welfare Division within the Department of Human Services to collect

and compile any and all data and information gathered from

Oklahoma Statutes - Title 63. Public Health and Safety Page 245

investigations made pursuant to Section 7103 of Title 10 of the

Oklahoma Statutes necessary for the purposes of this section.

E. The Department of Human Services shall compile and evaluate

information received from the reports required pursuant to this

section into a report to be distributed on or before January 1 of

each year to the Governor, the President Pro Tempore of the Senate,

the Speaker of the House of Representatives and such other persons

as the Department deems advisable or necessary.
Okla. Stat. tit. 63, § 63-4003 — OK Code / Title 63 / Section 63-4003
Title and annual registration required - Vessels affected - Outboard motors affected -
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 54- Outboard motors affected - Sellers, traders and lessors required

to be licensed.

A. 1. Except as otherwise provided in Sections 4005 and 4024

of this title, every vessel in this state, irrespective of whether

used on waters of this state, is required to be titled within thirty

(30) calendar days from the purchase date or from the date the owner

becomes a resident of this state and annually registered under the

provisions of the Oklahoma Vessel and Motor Registration Act,

Section 4002 et seq. of this title. The owner of any such vessel

shall file an application as required by the Oklahoma Vessel and

Motor Registration Act with Service Oklahoma for a certificate of

title, a number, and for the annual registration for such vessel on

forms prescribed and furnished by Service Oklahoma.

2. The provisions of this subsection shall not apply to new

vessels in the inventory or stock of licensed dealers for resale

which new vessels shall be subject to ad valorem taxation.

3. Said provisions shall apply to and cover all used vessels in

the possession and inventory of a dealer except as provided for in

Section 4036 of this title.

B. 1. Except as otherwise provided in Sections 4005 and 4024

of this title, every outboard motor in excess of ten (10) horsepower

in this state, irrespective of whether used on waters of this state,

is required to be titled within thirty (30) calendar days from the

purchase date, or from the expiration of registration, or from the

date the owner becomes a resident of this state and registered under

the provisions of the Oklahoma Vessel and Motor Registration Act.

The owner of any such motor shall file an application as

required by the Oklahoma Vessel and Motor Registration Act for a

certificate of title and for an annual registration for such vessel

on forms prescribed and furnished by Service Oklahoma.

2. The provisions of this subsection shall not apply to new

motors in the inventory or stock of licensed dealers for resale

which such new motors shall be subject to ad valorem taxation.

3. Said provisions shall apply to and cover all used motors in

the possession and inventory of a dealer except as provided for in

Section 4036 of this title.

C. Any person engaged in the business of selling, trading,

renting with option to purchase, or attempting to or negotiating

sales or exchanges of interests in new or used vessels or motors, or

new and used vessels or motors, or any combination thereof shall be

licensed pursuant to Section 4033 of this title.
Okla. Stat. tit. 63, § 63-1-703 — OK Code / Title 63 / Section 63-1-703
Licenses - Application - Evidence of qualifications
Status: in_force

Before a license shall be issued under this article, the person

applying, if an individual, shall submit evidence satisfactory to

the State Commissioner of Health that he is not less than twenty-one

(21) years of age, of reputable and responsible character, and in

sound physical and mental health. In the event the applicant is an

association, corporation or governmental unit, like information

shall be submitted as to the members of the governing board thereof.

Every applicant shall also submit satisfactory evidence of his

ability to comply with minimum standards and with all rules and

regulations adopted by the State Board of Health. The application

shall be on a form prescribed by the Commissioner, shall be

verified, and shall show the type of institution to be operated and

the location thereof, the name of the person in charge of the

institution, and such other information as the Commissioner may

require. An application on behalf of a corporation, association or

governmental unit shall be made by any two officers thereof, or by

its managing agent, and shall furnish like information.

Laws
Okla. Stat. tit. 63, § 63-1-227.9 — OK Code / Title 63 / Section 63-1-227.9
Child Abuse Training and Coordination Council
Status: in_force

A. There is hereby created the Child Abuse Training and

Coordination Council.

B. The Oklahoma Commission on Children and Youth shall appoint

a Child Abuse Training and Coordination Council which shall be

composed of twenty-two (22) members, as follows:

1. One member shall be a representative of child welfare

services within the Department of Human Services;

2. One member shall be a representative of juvenile services

within the Office of Juvenile Affairs;

Oklahoma Statutes - Title 63. Public Health and Safety Page 125

3. One member shall be a representative of maternal and child

health services within the State Department of Health;

4. One member shall be a representative of the State Department

of Health;

5. One member shall be a representative of the State Department

of Education;

6. One member shall be a representative of the Department of

Mental Health and Substance Abuse Services;

7. One member shall be a representative of a statewide medical

association and shall be a member of a state chapter of a national

academy of pediatrics;

8. One member shall be a representative of the judiciary;

9. One member shall be a representative of a statewide

association of osteopathic physicians and shall be a pediatric

osteopathic physician;

10. One member shall be a representative of a statewide

coalition on domestic violence and sexual assault;

11. One member shall be a representative of the District

Attorneys Council;

12. One member shall be a representative of the Council on Law

Enforcement Education and Training;

13. One member shall be a representative of the Department of

Corrections;

14. One member shall be a representative of Court Appointed

Special Advocates;

15. One member shall be a representative of the Oklahoma Bar

Association;

16. One member shall be a representative of a statewide

association of psychologists;

17. One member shall be a representative of a local chapter of

a national association of social workers;

18. One member shall be a representative of a statewide

association of youth services agencies;

19. One member shall be a representative of an Indian child

welfare association;

20. One member shall be a representative of an advisory task

force on child abuse and neglect;

21. One member shall be a representative of a postadjudication

review board program; and

22. One member shall be a representative of nationally

accredited child advocacy centers nominated to the Oklahoma

Commission for Children and Youth. Eligible nominees may be anyone

selected by a majority of the members of the nationally accredited

child advocacy centers located in Oklahoma.

C. Each member of the Child Abuse Training and Coordination

Council is authorized to have one designee.

Oklahoma Statutes - Title 63. Public Health and Safety Page 126

D. The appointed members shall be persons having expertise in

the dynamics, identification and treatment of child abuse and

neglect and child sexual abuse.

E. The Child Abuse Training and Coordination Council shall:

1. Establish objective criteria and guidelines for

multidisciplinary and, as appropriate for each discipline,

discipline-specific training on child abuse and neglect for

professionals with responsibilities affecting children, youth and

families;

2. Review curricula and make recommendations to state agencies

and professional organizations and associations regarding available

curricula and curricula having high standards of professional merit;

3. Review curricula regarding child abuse and neglect used in

law enforcement officer training by the Oklahoma Council on Law

Enforcement Education and Training (CLEET) and make recommendations

regarding the curricula to CLEET;

4. Cooperate with and assist professional organizations and

associations in the development and implementation of ongoing

training programs and strategies to encourage professionals to

participate in such training programs;

5. Make reports and recommendations regarding the continued

development and improvement of such training programs to the State

Commissioner of Health, the Oklahoma Commission on Children and

Youth, and each affected agency, organization and association;

6. Prepare and issue a model protocol for multidisciplinary

teams regarding the investigation and prosecution of child sexual

abuse, child physical abuse and neglect cases;

7. Review and approve protocols prepared by the local

multidisciplinary teams;

8. Advise multidisciplinary teams on team development;

9. Collect data on the operation and cases reviewed by the

multidisciplinary teams;

10. Issue annual reports; and

11. Annually approve the list of functioning multidisciplinary

teams in the state.
Okla. Stat. tit. 63, § 63-1-895 — OK Code / Title 63 / Section 63-1-895
Informal dispute resolution panel
Status: in_force

A. Upon written request to the State Department of Health, an

assisted living center as defined in the Continuum of Care and

Assisted Living Act may choose to participate in an informal dispute

resolution panel to be offered by the State Department of Health as

an alternative to the informal dispute resolution process outlined

in Sections 1-1914.3 through 1-1914.10 and Sections 1-1914.13

through 1-1914.16 of Title 63 of the Oklahoma Statutes.

B. The State Department of Health shall appoint the informal

dispute resolution panel, to be comprised of the following impartial

members:

1. A licensed administrator currently working in the assisted

living industry;

2. A health professional currently working in an assisted

living center;

3. Two representatives from the aging and disabled community

who do not represent a state agency; and

4. A representative from the State Department of Health with

experience in assisted living center surveys.
Okla. Stat. tit. 63, § 63-1-745.7 — OK Code / Title 63 / Section 63-1-745.7
Violations of act
Status: in_force

Any person who knowingly or recklessly performs or induces or

attempts to perform or induce an abortion in violation of the Pain-

Capable Unborn Child Protection Act shall be guilty of a Class D2

felony offense. No penalty may be assessed against the woman upon

whom the abortion is performed or induced or attempted to be

performed or induced.
Okla. Stat. tit. 63, § 63-1-1501.1 — OK Code / Title 63 / Section 63-1-1501.1
Diagnostic X-Ray Facility Act - Short title
Status: in_force

Sections 313 through 316 of this act shall be known and may be

cited as the Diagnostic X-Ray Facility Act.
Okla. Stat. tit. 63, § 63-2-551 — OK Code / Title 63 / Section 63-2-551
Appropriate pain management - High dosages of controlled
Status: in_force

dangerous drugs.

A. Schedule II, III, IV and V controlled dangerous drugs have

useful and legitimate medical and scientific purposes and are

necessary to maintain the health and general welfare of the people

of this state.

B. The State of Oklahoma recognizes that principles of quality

medical practice dictate that the people of the State of Oklahoma

have access to appropriate and effective pain relief. The

appropriate application of up-to-date knowledge and treatment

modalities can serve to improve the quality of life for those

patients who suffer from pain as well as to reduce the morbidity,

and costs associated with untreated or inappropriately treated pain.

The State of Oklahoma encourages physicians to view effective pain

management as a part of quality medical practice for all patients

with pain, acute or chronic. It is especially important for

patients who experience pain as a result of terminal illness.

C. If, in the judgment of the medical doctor or the doctor of

osteopathic medicine, appropriate pain management warrants a high

dosage of controlled dangerous drugs and the benefit of the relief

expected outweighs the risk of the high dosage, the medical doctor

or doctor of osteopathic medicine may administer such a dosage, even

if its use may increase the risk of death, so long as it is not also

furnished for the purpose of causing, or the purpose of assisting in

causing, death for any reason and so long as it falls within

policies, guidelines and rules of the Oklahoma State Board of

Medical Licensure and Supervision or the Oklahoma State Board of

Osteopathic Examiners.

D. The Oklahoma State Board of Medical Licensure and

Supervision and the Oklahoma State Board of Osteopathic Examiners

shall issue policies, guidelines or rules that ensure that

physicians who are engaged in the appropriate treatment of pain are

not subject to disciplinary action, and the Boards shall consider

policies and guidelines developed by national organizations with

expertise in pain medicine or in a medical discipline for this

purpose.
Okla. Stat. tit. 63, § 63-1-1752 — OK Code / Title 63 / Section 63-1-1752
Abolition of Board of Hearing Aid Dealers and Fitters
Status: in_force

The Board of Hearing Aid Dealers and Fitters is hereby

abolished. All unexpended funds within the Hearing Aid Dealers' and

Fitters' Licensing Fund, property, records and any outstanding

financial obligation and encumbrance of the Board of Hearing Aid

Dealers and Fitters are hereby transferred to the State Department

of Health.
Okla. Stat. tit. 63, § 63-1-1129 — OK Code / Title 63 / Section 63-1-1129
Water supply - Toilet facilities
Status: in_force

Locker plants shall have an ample water supply approved by the

State Commissioner of Health. Locker plants or branch locker plants

shall be provided with adequate toilets so located as to be readily

accessible to employees and equipped with adequate hand washing

fixtures or facilities, supplied with hot and cold water under

pressure, soap and approved towel service. The doors of all toilet

rooms shall be full length and self-closing and no toilet room shall

open directly into any room in which foods are prepared, processed,

chilled, frozen or stored. Toilet facilities and rooms shall be

kept in a clean and sanitary condition.
Okla. Stat. tit. 63, § 63-2808 — OK Code / Title 63 / Section 63-2808
Joint power or written cooperative agreements for implementation of plan - Powers of
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 49implementation of plan - Powers of public safety agency employees -

Immunity.

In implementing systems pursuant to this act, all public

agencies in a single system may annually enter into a joint powers

agreement or any other form of written cooperative agreement which

is applicable when need arises on a day-to-day basis. Every

employee of every public safety agency which is a participant in a

system may respond and take any action to any call whether within or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1424

without the authorized territorial jurisdiction of the public safety

agency. In response to emergency calls, employees of public safety

agencies shall have the same immunity for any acts performed in the

line of duty outside their authorized jurisdiction as they enjoy

within it. No cause of action shall be created by any incorrect

dispatch or response by any system or any public safety agency.
Okla. Stat. tit. 63, § 63-1-606 — OK Code / Title 63 / Section 63-1-606
Successor owners as eligible employers for participation
Status: in_force

in Public Employees Retirement System.

The successor public owners of Oklahoma General Hospital, or its

successor hospitals, shall be considered "eligible employers" for

the purpose of participation in the Oklahoma Public Employees

Retirement System in the same manner as county hospitals.

Oklahoma Statutes - Title 63. Public Health and Safety Page 262
Okla. Stat. tit. 63, § 63-2901 — OK Code / Title 63 / Section 63-2901
Energy Conservation Assistance Fund
Status: in_force

A. There is hereby created in the State Treasury a special

fund, which shall be designated the "Energy Conservation Assistance

Fund". Said fund shall, on and after July 1, 1982, consist of funds

contributed to it.

B. The purpose of said fund shall be to provide energy

conservation grants to qualifying low-income homeowners for

insulation, weatherization and other methods of improving the energy

efficiency of their principal residence for the purpose of reducing

energy waste, improving the state's housing stock and stimulating

the construction industry.
Okla. Stat. tit. 63, § 63-1-502.1 — OK Code / Title 63 / Section 63-1-502.1
Communicable diseases - Universal precautions - Rules
Status: in_force

and regulations - Risk exposure.

A. All agencies and organizations that regularly employ

emergency medical technicians, paramedics, firefighters, peace

officers, as defined in Section 648 of Title 21 of the Oklahoma

Statutes, correctional officers and employees, or health care

workers, all mental health or intellectual disability treatment or

evaluation programs that employ persons involved with providing care

for patients, the J.D. McCarty Center for Children with

Developmental Disabilities, and all juvenile institutions of the

Department of Human Services shall implement the universal

precautions for the prevention of the transmission of communicable

diseases published by the Centers for Disease Control, U.S. Public

Health Service, in the Morbidity and Mortality Weekly Report, Volume

36, Number 2S or as subsequently amended.

B. The State Commissioner of Health shall promulgate rules and

guidelines that will implement a system of notification of emergency

medical technicians, paramedics, firefighters, health care workers,

funeral directors, peace officers, and any person who in good faith

renders aid in accordance with the Good Samaritan Act relating to

risk exposures during health care activities, emergency response

activities or funeral preparations. Risk exposure shall be defined

by the State Commissioner of Health to be exposure that is

epidemiologically demonstrated to have the potential for

transmitting a communicable disease.

C. The Board of Mental Health and Substance Abuse Services,

Department of Human Services, Oklahoma Cerebral Palsy Commission,

and State Board of Corrections shall each promulgate rules,

guidelines or policies to provide for such notification of risk

exposures to persons employed by such agencies.
Okla. Stat. tit. 63, § 63-2-503.1h — OK Code / Title 63 / Section 63-2-503.1h
Violation of act - Penalties - Definitions
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1024

A. Unless otherwise provided, any person convicted of violating

any of the provisions of this act is guilty of a felony and may be

punished by imprisonment for not less than two (2) years nor more

than ten (10) years or by a fine of not more than Fifty Thousand

Dollars ($50,000.00) or an amount equal to twice the dollar amount

of each transaction, whichever is greater, or by both such fine and

imprisonment.

B. For the purposes of this act, the terms, "money transmitter

equipment" or a "money transmitter service" shall include an entity

or person engaged in activity in violation of these provisions

regardless of whether the person or entity is licensed to conduct

such activity under the Oklahoma Financial Transaction Reporting

Act.
Okla. Stat. tit. 63, § 63-1-539.1 — OK Code / Title 63 / Section 63-1-539.1
Short title - Definitions
Status: in_force

A. This act shall be known and may be cited as the "Needlestick

Injury Prevention Act".

B. For purposes of the Needlestick Injury Prevention Act:

1. “Ambulance” means any ground, air or water vehicle approved

by the State Commissioner of Health pursuant to the Oklahoma

Emergency Response Systems Development Act and rules promulgated by

the State Board of Health pursuant thereto when used to provide

appropriate on-scene and enroute stabilization and emergency medical

care;

2. "Bloodborne pathogens" means pathogenic microorganisms that

are present in human blood and that can cause disease in humans

including, but not limited to, hepatitis B virus (HBV), hepatitis C

virus (HCV), and human immunodeficiency virus (HIV);

3. "Committee" means the Needlestick Injury Prevention

Committee;

4. “Department” means the State Department of Health;

5. "Engineered sharps injury protection" means:

a. a physical attribute built into a needle device used

for withdrawing body fluids, accessing a vein or

artery, or administering medications or other fluids,

which effectively reduces the risk of an exposure

Oklahoma Statutes - Title 63. Public Health and Safety Page 233

incident through the use of mechanisms such as barrier

creation, blunting, encapsulation, withdrawal,

retraction, or other effective mechanisms, or

b. a physical attribute built into any other type of

needle device, or into a nonneedle sharp, which

effectively reduces the risk of an exposure incident;

6. “First responder” means an individual who performs emergency

medical services on scene in accordance with the Oklahoma Emergency

Response Systems Development Act and rules of the State Board of

Health promulgated thereto;

7. “High exposure area” means an operating room, an ambulatory

surgical center, an emergency room, an intensive care unit, an

ambulance or an area or scene at which a first responder performs or

provides emergency medical services;

8. "Needleless systems" means devices that do not utilize

needles for:

a. the withdrawal of body fluids after initial venous or

arterial access is established,

b. the administration of medication or fluids, and

c. any other procedure involving the potential for an

exposure incident;

9. "Needlestick injury" means the parenteral introduction into

the body of a health care worker of blood or other potentially

infectious material by a hollow-bore needle or sharp instrument,

including, but not limited to, needles, lancets, scalpels, or

contaminated broken glass, during the performance of duties of such

worker; and

10. "Sharps" means any objects used or encountered in a health

care setting that can be reasonably anticipated to penetrate the

skin or any other part of the body, and to result in an exposure

incident, including, but not limited to, needle devices, scalpels,

lancets, broken glass, broken capillary tubes, exposed ends of

dental wires and dental knives, drills, and burs.
Okla. Stat. tit. 63, § 63-3250.6 — OK Code / Title 63 / Section 63-3250.6
Authority, powers, and duties of community hospital
Status: in_force

public trust authority – Conflict of interest – Compliance with

statutes – Audits – Issuance of bonds.

A. 1. Each community hospital public trust authority shall be

a governmental entity and a body politic and corporate with powers

of government and with authority to establish and operate a hospital

district and to exercise the rights, privileges and functions

specified by the Oklahoma Community Hospitals Public Trust

Authorities Act and Sections 176 through 180.3 of Title 60 of the

Oklahoma Statutes.

2. Nothing in this subsection shall be construed as authorizing

any hospital district to levy or collect taxes or to pledge the

credit of the state or any subdivision of this state.

B. Each community hospital public trust authority shall have

the power to:

1. Adopt bylaws and promulgate rules for the regulation of its

affairs and the conduct of its business;

2. Adopt an official seal;

3. Act as a vehicle for securing funds for education, indigent

medical care, trauma, emergency and other health care services;

4. Coordinate the delivery and efficiency of health care

services within the hospital district established pursuant to the

Oklahoma Community Hospitals Public Trust Authorities Act;

5. Sue and be sued;

6. Make and enter into all contracts necessary or incidental to

the performance of its duties and the execution of its powers

pursuant to the Oklahoma Community Hospitals Public Trust

Authorities Act;

7. Purchase or lease equipment, furniture, materials and

supplies, and incur such other expenses as may be necessary to

discharge its duties and responsibilities or to implement the

provisions of the Oklahoma Community Hospitals Public Trust

Authorities Act;

8. Accept grants and other funds from agencies of this state

and the United States of America, from other government entities, or

from any corporation or agency created or designed by the United

States or other government entity, and to enter into such agreements

as the United States or such corporation or agency may require;

9. Accept grants and gifts from private individuals and

organizations;

10. Accept and make intergovernmental transfers authorized by

state law. A hospital district may make intergovernmental transfers

Oklahoma Statutes - Title 63. Public Health and Safety Page 1573

to the Oklahoma Health Care Authority to the extent permitted by

state or federal law;

11. Issue bonds and other evidences of indebtedness, and to

secure the payment thereof by mortgage, pledge, or deed of trust of,

or any other encumbrance upon, any or all of its then-owned or

after-acquired real or personal property, assets, franchises, or

revenues;

12. Become a member of other cooperatives, joint ventures,

partnerships, corporations or other legal entities or to own stock

therein;

13. Conduct its business and exercise its powers within or

without this state;

14. Assess fees, levies, assessments, or charges upon and

enforce the payment of such fees, levies, assessments or charges

against any hospital located within the geographical boundaries of

its hospital district and to remit such monies to the Oklahoma

Health Care Authority for purposes of meeting the state’s share for

the supplemental Medicaid programs to the extent and manner

authorized by federal law. Fees, levies, assessments or charges may

be enforced by a community hospital public trust authority through

civil action brought in the district court in the county in which

the community hospital public trust authority is located;

15. Appoint officers, agents and employees, prescribe their

duties and fix their compensation;

16. Engage in long-term planning for the operation and

management of a community hospital public trust authority;

17. Establish petty cash funds as needed and provide for

appropriate accounting procedures and controls; and

18. Do all other things necessary and proper to implement the

provisions of the Oklahoma Community Hospitals Public Trust

Authorities Act.

C. No director or officer of a community hospital public trust

authority shall vote on any issue before the authority in which such

director or officer has a direct interest in any contract or for any

work by or for the community hospital public trust authority.

D. The trustees of each community hospital public trust

authority created pursuant to the Oklahoma Community Hospitals

Public Trust Authorities Act shall make and adopt bylaws for the due

and orderly administration and regulation of the affairs of the

community hospital public trust authority. All bylaws and

amendments thereto of a community hospital public trust authority

shall be submitted in writing to each beneficiary of the community

hospital public trust authority, the Governor of this state and to

the Speaker of the Oklahoma House of Representatives and the

President Pro Tempore of the State Senate.

E. No appropriation of state funds shall be made to any

community hospital public trust authority. Each authority may

Oklahoma Statutes - Title 63. Public Health and Safety Page 1574

receive the funds it may be entitled to receive pursuant to the

Medicaid program as administered by the Oklahoma Health Care

Authority.

F. Each community hospital public trust authority shall comply

with:

1. The annual budget provisions of the state requiring a

balanced budget. A copy of the budget shall be submitted annually

to the Governor and to each beneficiary of the community hospital

public trust authority;

2. The Public Competitive Bidding Act of 1974;

3. The Oklahoma Open Records Act;

4. The Oklahoma Open Meeting Act; and

5. The provisions of Sections 176 through 180.3 of Title 60 of

the Oklahoma Statutes and the Community Hospitals Public Trust

Authorities Act.

G. 1. Each community hospital public trust authority shall

provide for complete financial audits on all accounts of the

community hospital public trust authority and authorize periodic

audits by an independent external auditing agency. Such audits

shall be performed annually in a format approved by the State

Auditor and Inspector. The audits shall be made in accordance with

generally accepted auditing standards and government auditing

standards. Financial statements shall be prepared in accordance

with generally accepted accounting principles. Such audits shall be

submitted to the State Auditor and Inspector and to the beneficiary

of the community hospital public trust authority for review.

2. In addition to the audits specified by this subsection, the

State Auditor and Inspector, whenever the State Auditor and

Inspector deems it appropriate, and at least once each five (5)

years, or upon receipt of a request to do so from the beneficiary of

a community hospital public trust authority, the Governor, the

Attorney General, the President Pro Tempore of the Senate, the

Speaker of the House of Representatives or the community hospital

public trust authority shall conduct a special audit of the

authority. Such audit shall be paid from the funds of the community

hospital public trust authority.

H. 1. Except for acts of dishonesty, no trustee of a community

hospital public trust authority shall be charged personally with any

liability whatsoever by reason of any act or omission committed or

suffered in the performance of such trust or in the operation of the

trust property.

2. A community hospital public trust authority established

pursuant to the provisions of the Oklahoma Community Hospitals

Public Trust Authorities Act shall be covered by The Governmental

Tort Claims Act.

3. Officers, employees, agents, independent contractors and

employees of independent contractors of hospitals participating in

Oklahoma Statutes - Title 63. Public Health and Safety Page 1575

the hospital district shall not be covered by The Governmental Tort

Claims Act. The provisions of this paragraph shall not affect the

immunity provided to hospitals or to officers and employees of

hospitals covered by Section 152 of Title 51 of the Oklahoma

Statutes.

4. In no event shall the state, county or municipality be

construed to be or become liable for any act, omission or obligation

of a trustee or of the community hospital public trust authority.

I. A community hospital public trust authority may be

terminated by agreement of the trustees of this state; provided,

that such community hospital public trust authority shall not be

terminated while there exists any outstanding contractual

obligations chargeable against the trust property.

J. 1. Compliance with the provisions of Sections 176 through

180.3 of Title 60 of the Oklahoma Statutes and the Oklahoma

Community Hospitals Public Trust Authorities Act by a community

hospital public trust authority shall be and constitute a binding

contract with the county or counties and municipality beneficiaries

for the acceptance of the beneficial interest in the trust property

by the designated beneficiary and the application of the proceeds of

the trust property and its operation for the purposes, and in

accordance with the stipulations, of the public trust instrument.

2. Each community hospital public trust authority shall be the

regularly constituted authority of the beneficiary for the

performance of the functions for which the community hospital public

trust authority shall have been created.

K. 1. A community hospital public trust authority shall have

the power and duty to make and issue bonds and to pledge revenues of

the community hospital public trust authority subject to the

Oklahoma Bond Oversight and Reform Act. Nothing in the Oklahoma

Community Hospitals Public Trust Authorities Act shall authorize the

issuance of any bonds by a community hospital public trust authority

payable other than from revenues of the community hospital public

trust authority.

2. Community hospital public trust authority revenue bonds

issued under the provisions of this subsection shall not at any time

be deemed to constitute a debt of the state or of any political

subdivision thereof or a pledge of the faith and credit of the state

or of any political subdivision, but such bonds shall be payable

solely from the funds herein provided.

3. Such revenue bonds shall contain on the face thereof a

statement to the effect that neither the state nor the community

hospital public trust authority shall be obligated to pay the same

or the interest thereon except from the revenues of the project or

projects for which they are issued and that neither the faith and

credit nor the taxing power of the state or any political

Oklahoma Statutes - Title 63. Public Health and Safety Page 1576

subdivision thereof is pledged, or may hereafter be pledged, to the

payment of the principal of or the interest on such bonds.

4. The interest income derived from any obligation issued by a

community hospital public trust authority shall be exempt from the

tax imposed pursuant to Section 2355 of Title 68 of the Oklahoma

Statutes.
Okla. Stat. tit. 63, § 63-2200.4A — OK Code / Title 63 / Section 63-2200.4A
Persons authorized to make anatomical gift before
Status: in_force

donor's death.

Subject to Section 6 of this act, an anatomical gift of a

donor’s body or part may be made during the life of the donor for

the purpose of transplantation, therapy, research, or education in

the manner provided in Section 5 of this act by:

1. The donor, if the donor is an adult or if the donor is a

minor and is:

a. emancipated, or

b. authorized under state law to apply for a driver

license because the donor is at least sixteen (16)

years of age;

2. An agent of the donor, unless the power of attorney for

health care or other record prohibits the agent from making an

anatomical gift;

3. A parent of the donor, if the donor is an unemancipated

minor; or

4. The donor’s guardian.
Okla. Stat. tit. 63, § 63-5005 — OK Code / Title 63 / Section 63-5005
Definitions
Status: in_force

For purposes of the Oklahoma Health Care Authority Act:

1. "Administrator" means the chief executive officer of the

Authority;

2. "Authority" means the Oklahoma Health Care Authority;

3. "Board" means the Oklahoma Health Care Authority Board;

4. "Health services provider" means health insurance carriers,

pre-paid health plans, hospitals, physicians and other health care

professionals, and other entities who contract with the Authority

for the delivery of health care services to state and education

employees and persons covered by the state Medicaid program; and

5. "State-purchased health care" or "state-subsidized health

care" means medical and health care, pharmaceuticals and medical

equipment purchased with or supported by state and federal funds

through the Oklahoma Health Care Authority, the Department of Mental

Health and Substance Abuse Services, the State Department of Health,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1708

the Department of Human Services, the Department of Corrections, the

Department of Veterans Affairs, other state agencies administering

state-purchased or state-subsidized health care programs, the

Oklahoma State Regents for Higher Education, the State Board of

Education and local school districts.
Okla. Stat. tit. 63, § 63-124 — OK Code / Title 63 / Section 63-124
Renumbered as § 128.1 of this title by Laws 1995, c. 344,
Status: in_force

§ 34, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-3117 — OK Code / Title 63 / Section 63-3117
Impact on state or federal program funding
Status: in_force

No state or federal dollars shall be used for payment to any lay

caregiver as defined in this act after discharge from a hospital.

No state or federal program funding shall be impacted by this act.
Okla. Stat. tit. 63, § 63-5060 — OK Code / Title 63 / Section 63-5060
State Medicaid program not to contract with out-of-state
Status: in_force

providers.

A. Where practicable and in accordance with state and federal

law, the state Medicaid program shall not contract with an out-of-

Oklahoma Statutes - Title 63. Public Health and Safety Page 1759

state medical provider for treatment that is available from one or

more providers licensed and practicing in the State of Oklahoma.

B. The Oklahoma Health Care Authority shall seek any federal

approval necessary to implement the provisions of this section.
Okla. Stat. tit. 63, § 63-1-567 — OK Code / Title 63 / Section 63-1-567
Continuing education requirements
Status: in_force

A. The State Board of Health, giving consideration to the

recommendations of the Infant and Children's Health Advisory Council

created in Section 44 of this act, shall establish continuing

education requirements for genetic counselors as a condition of

renewal or reinstatement of a license.

B. A licensee shall be responsible for maintaining competent

records of completed qualified professional education for a period

of four (4) years after close of the two-year period to which the

records pertain. It shall be the responsibility of the licensee to

maintain such information with respect to qualified professional

education to demonstrate that it meets the requirements under this

section.

C. A licensee who documents that he or she is subjected to

circumstances which prevent the licensee from meeting the continuing

professional education requirements established under this section

may apply to be excused from the requirement for a period of up to

five (5) years. It shall be the responsibility of the licensee to

document the reasons and justify why the requirement could not be

met.
Okla. Stat. tit. 63, § 63-1-818.22 — OK Code / Title 63 / Section 63-1-818.22
Renumbered as § 1430.22 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-1703 — OK Code / Title 63 / Section 63-1-1703
Old licenses continued in effect
Status: in_force

Any license heretofore issued by the State Commissioner of

Health, State Board of Health or the State Department of Health that

has not expired when this Code becomes effective shall remain valid

for the purpose issued, and it shall not be necessary for the holder

thereof to obtain another license required by this Code for a

similar purpose, until the term for which the former license was

issued has expired, unless such license is revoked or suspended for

cause as provided in this Code.
Okla. Stat. tit. 63, § 63-427.14 — OK Code / Title 63 / Section 63-427.14
Medical marijuana business license – Requirements
Status: in_force

A. There is hereby created the medical marijuana business

license, which shall include the following categories:

1. Medical marijuana commercial grower;

2. Medical marijuana processor;

3. Medical marijuana dispensary;

4. Medical marijuana transporter; and

5. Medical marijuana testing laboratory.

B. The Oklahoma Medical Marijuana Authority, with the aid of

the Office of Management and Enterprise Services, shall develop a

website for medical marijuana business applications.

C. The Authority shall make available on its website in an

easy-to-find location, applications for a medical marijuana

business.

D. 1. The annual, nonrefundable fee for a medical marijuana

transporter license shall be Two Thousand Five Hundred Dollars

($2,500.00).

2. The initial, nonrefundable fee for a medical marijuana

commercial grower license shall be calculated based upon the total

amount of square feet of canopy or acres the grower estimates will

be harvested, transferred, or sold for the year. The annual,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1152

nonrefundable license fee shall be based upon the total amount of

square feet of canopy or acres harvested, transferred, or sold by

the grower during the previous twelve (12) months. The amount of

the fees shall be determined as follows:

a. For an indoor, greenhouse, or light deprivation

medical marijuana grow facility:

(1) Tier 1: Up to ten thousand (10,000) square feet

of canopy, the fee shall be Two Thousand Five

Hundred Dollars ($2,500.00),

(2) Tier 2: Ten thousand one (10,001) square feet of

canopy to twenty thousand (20,000) square feet of

canopy, the fee shall be Five Thousand Dollars

($5,000.00),

(3) Tier 3: Twenty thousand one (20,001) square feet

of canopy to forty thousand (40,000) square feet

of canopy, the fee shall be Ten Thousand Dollars

($10,000.00),

(4) Tier 4: Forty thousand one (40,001) square feet

of canopy to sixty thousand (60,000) square feet

of canopy, the fee shall be Twenty Thousand

Dollars ($20,000.00),

(5) Tier 5: Sixty thousand one (60,001) square feet

of canopy to eighty thousand (80,000) square feet

of canopy, the fee shall be Thirty Thousand

Dollars ($30,000.00),

(6) Tier 6: Eighty thousand one (80,001) square feet

of canopy to ninety-nine thousand nine hundred

ninety-nine (99,999) square feet of canopy, the

fee shall be Forty Thousand Dollars ($40,000.00),

and

(7) Tier 7: One hundred thousand (100,000) square

feet of canopy and beyond, the fee shall be Fifty

Thousand Dollars ($50,000.00), plus an additional

twenty-five cents ($0.25) per square foot of

canopy over one hundred thousand (100,000) square

feet.

b. For an outdoor medical marijuana grow facility:

(1) Tier 1: Less than two and one-half (2 1/2)

acres, the fee shall be Two Thousand Five Hundred

Dollars ($2,500.00),

(2) Tier 2: More than two and one-half (2 1/2) acres

up to five (5) acres, the fee shall be Five

Thousand Dollars ($5,000.00),

(3) Tier 3: More than five (5) acres up to ten (10)

acres, the fee shall be Ten Thousand Dollars

($10,000.00),

Oklahoma Statutes - Title 63. Public Health and Safety Page 1153

(4) Tier 4: More than ten (10) acres up to twenty

(20) acres, the fee shall be Twenty Thousand

Dollars ($20,000.00),

(5) Tier 5: More than twenty (20) acres up to thirty

(30) acres, the fee shall be Thirty Thousand

Dollars ($30,000.00),

(6) Tier 6: More than thirty (30) acres up to forty

(40) acres, the fee shall be Forty Thousand

Dollars ($40,000.00),

(7) Tier 7: More than forty (40) acres up to fifty

(50) acres, the fee shall be Fifty Thousand

Dollars ($50,000.00), and

(8) Tier 8: If the amount of acreage exceeds fifty

(50) acres, the fee shall be Fifty Thousand

Dollars ($50,000.00) plus an additional Two

Hundred Fifty Dollars ($250.00) per acre.

c. For a medical marijuana commercial grower that has a

combination of both indoor and outdoor growing

facilities at one location, the medical marijuana

commercial grower shall be required to obtain a

separate license from the Authority for each type of

grow operation and shall be subject to the licensing

fees provided for in subparagraphs a and b of this

paragraph.

d. As used in this paragraph:

(1) “canopy” means the total surface area within a

cultivation area that is dedicated to the

cultivation of flowering marijuana plants. The

surface area of the plant canopy must be

calculated in square feet and measured and must

include all of the area within the boundaries

where the cultivation of the flowering marijuana

plants occurs. If the surface of the plant

canopy consists of noncontiguous areas, each

component area must be separated by identifiable

boundaries. If a tiered or shelving system is

used in the cultivation area, the surface area of

each tier or shelf must be included in

calculating the area of the plant canopy.

Calculation of the area of the plant canopy may

not include the areas within the cultivation area

that are used to cultivate immature marijuana

plants and seedlings, prior to flowering, and

that are not used at any time to cultivate mature

marijuana plants. If the flowering plants are

vertically grown in cylinders, the square footage

of the canopy shall be measured by the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1154

circumference of the cylinder multiplied by the

total length of the cylinder,

(2) “greenhouse” means a structure located outdoors

that is completely covered by a material that

allows a controlled level of light transmission,

and

(3) “light deprivation” means a structure that has

concrete floors and the ability to manipulate

natural light.

3. The initial, nonrefundable fee for a medical marijuana

processor license shall be Two Thousand Five Hundred Dollars

($2,500.00). The annual, nonrefundable license fee for a medical

marijuana processor license shall be determined based on the

previous twelve (12) months as follows:

a. Tier 1: The transfer or sale of zero (0) to ten

thousand (10,000) pounds of biomass or the production,

transfer, or sale of up to one hundred (100) liters of

cannabis concentrate, whichever is greater, the annual

fee shall be Two Thousand Five Hundred Dollars

($2,500.00),

b. Tier 2: The transfer or sale of ten thousand one

(10,001) pounds to fifty thousand (50,000) pounds of

biomass or the production, transfer, or sale of one

hundred one (101) to three hundred fifty (350) liters

of cannabis concentrate, whichever is greater, the

annual fee shall be Five Thousand Dollars ($5,000.00),

c. Tier 3: The transfer or sale of fifty thousand one

(50,001) pounds to one hundred fifty thousand

(150,000) pounds of biomass or the production,

transfer, or sale of three hundred fifty-one (351) to

six hundred fifty (650) liters of cannabis

concentrate, whichever is greater, the annual fee

shall be Ten Thousand Dollars ($10,000.00),

d. Tier 4: The transfer or sale of one hundred fifty

thousand one (150,001) pounds to three hundred

thousand (300,000) pounds of biomass or the

production, transfer, or sale of six hundred fifty-one

(651) to one thousand (1,000) liters of cannabis

concentrate, whichever is greater, the annual fee

shall be Fifteen Thousand Dollars ($15,000.00), and

e. Tier 5: The transfer or sale of more than three

hundred thousand one (300,001) pounds of biomass or

the production, transfer, or sale in excess of one

thousand one (1,001) liters of cannabis concentrate,

the annual fee shall be Twenty Thousand Dollars

($20,000.00).

Oklahoma Statutes - Title 63. Public Health and Safety Page 1155

For purposes of this paragraph only, if the cannabis concentrate

is in nonliquid form, every one thousand (1,000) grams of

concentrated marijuana shall be calculated as one (1) liter of

cannabis concentrate.

4. The initial, nonrefundable fee for a medical marijuana

dispensary license shall be Two Thousand Five Hundred Dollars

($2,500.00). The annual, nonrefundable license fee for a medical

marijuana dispensary license shall be calculated at ten percent

(10%) of the sum of twelve (12) calendar months of the combined

annual state sales tax and state excise tax of the dispensary during

the previous twelve (12) months. The minimum fee shall be not less

than Two Thousand Five Hundred Dollars ($2,500.00) and the maximum

fee shall not exceed Ten Thousand Dollars ($10,000.00).

5. The annual, nonrefundable license fee for a medical

marijuana testing laboratory shall be Twenty Thousand Dollars

($20,000.00).

E. All applicants seeking licensure or licensure renewal as a

medical marijuana business shall comply with the following general

requirements:

1. All applications for licenses and registrations authorized

pursuant to this section shall be made upon forms prescribed by the

Authority;

2. Each application shall identify the city or county in which

the applicant seeks to obtain licensure as a medical marijuana

business;

3. Applicants shall submit a complete application to the

Authority before the application may be accepted or considered;

4. All applications shall be complete and accurate in every

detail;

5. All applications shall include all attachments or

supplemental information required by the forms supplied by the

Authority;

6. All applications for a transporter license, initial

dispensary license, initial processor license, or laboratory license

shall be accompanied by a full remittance for the whole amount of

the license fee as set forth in subsection D of this section. All

submissions of grower applications, renewal processor applications,

and renewal dispensary applications shall be accompanied by a

remittance of a fee of Two Thousand Five Hundred Dollars

($2,500.00). The Authority shall invoice license applicants, if

applicable, and notify applicants in the same method and manner as

the application was submitted to the Authority for any additional

licensing fees owed pursuant to subsection D of this section prior

to approval of a license application. Applicants and licensees

shall remit all required license and application fees, including any

additional licensing fees, if applicable, in full within forty-five

(45) days of notification by the Authority. Failure to remit such

Oklahoma Statutes - Title 63. Public Health and Safety Page 1156

fees shall result in the denial of the application. License fees

are nonrefundable;

7. All applicants shall be approved for licensing review that,

at a minimum, meet the following criteria:

a. twenty-five (25) years of age or older,

b. if applying as an individual, proof that the applicant

is a resident of this state pursuant to paragraph 12

of this subsection,

c. if applying as an entity, proof that seventy-five

percent (75%) of all members, managers, executive

officers, partners, board members or any other form of

business ownership are residents of this state

pursuant to paragraph 12 of this subsection,

d. if applying as an individual or entity, proof that the

individual or entity is registered to conduct business

in this state,

e. disclosure of all ownership interests pursuant to the

Oklahoma Medical Marijuana and Patient Protection Act,

and

f. proof that the medical marijuana business, medical

marijuana research facility, medical marijuana

education facility and medical marijuana waste

disposal facility applicant or licensee has not been

convicted of a nonviolent felony in the last two (2)

years, or any other felony conviction within the last

five (5) years, is not a current inmate in the custody

of the Department of Corrections, or currently

incarcerated in a jail or corrections facility.

Upon reasonable suspicion that a medical marijuana business licensee

is illegally growing, processing, transferring, selling, disposing,

or diverting marijuana, the Authority, the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of

Investigation (OSBI), or the Attorney General may subpoena documents

necessary to establish the personal identifying information of all

owners and individuals with any ownership interest in the business;

8. There shall be no limit to the number of medical marijuana

business licenses or categories that an individual or entity can

apply for or receive, although each application and each category

shall require a separate application, application fee, or license

fee. A commercial grower, processor and dispensary, or any

combination thereof, are authorized to share the same address or

physical location, subject to the restrictions set forth in the

Oklahoma Medical Marijuana and Patient Protection Act;

9. No medical marijuana business premises is permitted to have

multiple licenses of the same type pursuant to the licensing

requirements of this section, excluding the following:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1157

a. a commercial grower with a combination of an indoor or

outdoor growing facility on one parcel of land,

b. a licensed medical marijuana processor used by

multiple licensees, and

c. a licensed medical marijuana business that has an

approved application by the Authority while the new

business seeks registration from the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control

pursuant to Section 427.14c of this title;

10. All applicants for a medical marijuana business license,

research facility license or education facility license authorized

by the Oklahoma Medical Marijuana and Patient Protection Act, or for

a renewal of such license, shall undergo a national fingerprint-

based background check conducted by the Oklahoma State Bureau of

Investigation within thirty (30) days prior to the application for

the license, including:

a. individual applicants applying on their own behalf,

b. individuals applying on behalf of an entity,

c. all principal officers of an entity, and

d. all owners of an entity as defined by the Oklahoma

Medical Marijuana and Patient Protection Act;

11. All applicable fees charged by the OSBI are the

responsibility of the applicant and shall not be higher than fees

charged to any other person or industry for such background checks;

12. In order to be considered a resident of this state for

purposes of a medical marijuana business application, all applicants

shall provide proof of state residency for at least two (2) years

immediately preceding the date of application or five (5) years of

continuous state residency during the preceding twenty-five (25)

years immediately preceding the date of application. Sufficient

documentation of proof of residency shall include a combination of

the following:

a. an unexpired state-issued driver license,

b. a state-issued identification card,

c. a utility bill preceding the date of application,

excluding cellular telephone and Internet bills,

d. a residential property deed to property in this state,

and

e. a rental agreement preceding the date of application

for residential property located in this state.

Applicants that were issued a medical marijuana business license

prior to August 30, 2019, are hereby exempt from the two-year or

five-year Oklahoma residence requirement mentioned above;

13. All license applicants shall be required to submit a

registration with the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control as provided in Sections 2-301 through 2-309

of this title;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1158

14. All applicants shall establish their identity through

submission of a color copy or digital image of one of the following

unexpired documents:

a. front of a state-issued driver license,

b. front of a state-issued identification card,

c. a United States passport or other photo identification

issued by the United States government, or

d. a tribal identification card approved for

identification purposes by the Department of Public

Safety;

15. All applicants shall submit an applicant photograph; and

16. All applicants for a medical marijuana business license

seeking to operate a commercial growing operation shall file along

with their application a bond as prescribed in Section 427.26 of

this title.

F. The Authority shall review the medical marijuana business

application; approve, reject, or deny the application; and send the

approval, rejection, denial, or status-update letter to the

applicant in the same method the application was submitted to the

Authority within ninety (90) business days of receipt of the

application.

G. 1. The Authority shall review the medical marijuana

business applications, conduct all investigations, inspections, and

interviews, and collect all license and application fees before

approving the application.

2. Approved applicants shall be issued a medical marijuana

business license for the specific category applied under, which

shall act as proof of their approved status. Rejection and denial

letters shall provide a reason for the rejection or denial.

Applications may only be rejected or denied based on the applicant

not meeting the standards set forth in the provisions of the

Oklahoma Medical Marijuana and Patient Protection Act and Sections

420 through 427.28 of this title, improper completion of the

application, unpaid license or application fees, or for a reason

provided for in the Oklahoma Medical Marijuana and Patient

Protection Act and Sections 420 through 427.28 of this title. If an

application is rejected for failure to provide required information,

the applicant shall have thirty (30) days to submit the required

information for reconsideration. Unless the Authority determines

otherwise, an application that has been resubmitted but is still

incomplete or contains errors that are not clerical or typographical

in nature shall be denied.

3. Status-update letters shall provide a reason for delay in

either approval, rejection or denial should a situation arise in

which an application was submitted properly but a delay in

processing the application occurred.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1159

4. Approval, rejection, denial or status-update letters shall

be sent to the applicant in the same method the application was

submitted to the Authority.

H. A license for a medical marijuana business, medical

marijuana research facility, medical marijuana education facility or

medical marijuana waste disposal facility shall not be issued to or

held by:

1. A person until all required fees have been paid;

2. A person who has been convicted of a nonviolent felony

within two (2) years of the date of application, or within five (5)

years for any other felony;

3. A corporation, if the criminal history of any of its

officers, directors or stockholders indicates that the officer,

director or stockholder has been convicted of a nonviolent felony

within two (2) years of the date of application, or within five (5)

years for any other felony;

4. A person under twenty-five (25) years of age;

5. A person licensed pursuant to this section who, during a

period of licensure, or who, at the time of application, has failed

to:

a. file taxes, interest or penalties due related to a

medical marijuana business, or

b. pay taxes, interest or penalties due related to a

medical marijuana business;

6. A sheriff, deputy sheriff, police officer or prosecuting

officer, or an officer or employee of the Authority or municipality;

7. A person whose authority to be a caregiver, as defined in

Section 427.2 of this title, has been revoked by the Authority; or

8. A person who was involved in the management or operations of

any medical marijuana business, medical marijuana research facility,

medical marijuana education facility or medical marijuana waste

disposal facility that, after the initiation of a disciplinary

action, has had a medical marijuana license revoked, not renewed, or

surrendered during the five (5) years preceding submission of the

application and for the following violations:

a. unlawful sales or purchases,

b. any fraudulent acts, falsification of records or

misrepresentation to the Authority, medical marijuana

patient licensees, caregiver licensees or medical

marijuana business licensees,

c. any grossly inaccurate or fraudulent reporting,

d. threatening or harming any medical marijuana patient,

caregiver, medical practitioner or employee of the

Authority,

e. knowingly or intentionally refusing to permit the

Authority access to premises or records,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1160

f. using a prohibited, hazardous substance for processing

in a residential area,

g. criminal acts relating to the operation of a medical

marijuana business, or

h. any violations that endanger public health and safety

or product safety.

I. In investigating the qualifications of an applicant or a

licensee, the Authority and municipalities may have access to

criminal history record information furnished by a criminal justice

agency subject to any restrictions imposed by such an agency.

J. The failure of an applicant or licensee to provide the

requested information by the Authority deadline may be grounds for

denial of the application.

K. All applicants and licensees shall submit information to the

Authority in a full, faithful, truthful and fair manner. The

Authority may recommend denial of an application where the applicant

or licensee made misstatements, omissions, misrepresentations or

untruths in the application or in connection with the background

investigation of the applicant. This type of conduct may be grounds

for administrative action against the applicant or licensee. Typos

and scrivener errors shall not be grounds for denial.

L. A licensed medical marijuana business premises shall be

subject to and responsible for compliance with applicable provisions

consistent with the zoning where such business is located as

described in the most recent versions of the Oklahoma Uniform

Building Code, the International Building Code and the International

Fire Code, unless granted an exemption by a municipality or

appropriate code enforcement entity.

M. All medical marijuana business, medical marijuana research

facility, medical marijuana education facility and medical marijuana

waste disposal facility licensees shall pay the relevant licensure

fees prior to receiving licensure to operate. Applicants and

licensees shall remit all required license and application fees,

including any additional licensing fees, if applicable, in full

within forty-five (45) days of notification by the Authority.

Failure to remit such fees shall result in the denial of the

application.

N. A medical marijuana business, medical marijuana research

facility, medical marijuana education facility or medical marijuana

waste disposal facility that attempts to renew its license after the

expiration date of the license shall pay a late renewal fee of Five

Hundred Dollars ($500.00) per week that the license is expired.

Late renewal fees are nonrefundable. A license that has been

expired for more than sixty (60) calendar days shall not be renewed.

Only license renewal applications submitted at least sixty (60)

calendar days prior to the expiration date shall be considered

timely submitted and subject to the provisions of subsection F of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1161

this section. A medical marijuana business license shall remain

unexpired during the pendency of the application for renewal

provided that such application was timely submitted. The Authority

shall allow renewal applications to be submitted at least one

hundred twenty (120) calendar days prior to the expiration date of a

medical marijuana business license.

O. Except as provided by this section, immediately upon

expiration of a license, any medical marijuana business, medical

marijuana research facility, medical marijuana education facility,

or medical marijuana waste disposal facility shall cease all

possession, transfer, or sale of medical marijuana or medical

marijuana products. Any continued possession, sale, or transfer

shall subject the business owners and operators to felony

prosecution pursuant to the Uniform Controlled Dangerous Substances

Act.

P. A medical marijuana business license holder shall require

all individuals employed under his or her license to be issued a

credential pursuant to the provisions of Section 427.14b of this

title prior to employment.

Q. An original medical marijuana business license issued on or

after June 26, 2018, by the Authority, for a medical marijuana

commercial grower, a medical marijuana processor or a medical

marijuana dispensary shall be deemed to have been grandfathered into

the location on the date the original license was first issued for

purposes of determining the authority of the business to conduct and

continue the same type of business at that location under a license

issued by the Authority, except as may be provided in Sections 425

and 426.1 of this title. Any change in ownership after the original

medical marijuana business license has been issued by the Authority

shall be construed by the Authority to be a continuation of the same

type of business originally licensed at that location. Nothing

shall authorize the Authority to deny issuance or renewal of a

license or transfer of license due to a change in ownership for the

same business location previously licensed, except when a revocation

is otherwise authorized by law or a protest is made under the

municipal compliance provisions of Section 426.1 of this title.

R. A medical marijuana business license holder shall require

all individuals employed under their license to be issued a

credential pursuant to the provisions of Section 427.14b of this

title prior to employment.

S. The Executive Director of the Authority may promulgate rules

to implement the provisions of this section including, but not

limited to, required application materials to be submitted by the

applicant and utilized by the Authority to determine medical

marijuana business licensing fees pursuant to this section.
Okla. Stat. tit. 63, § 63-2-425 — OK Code / Title 63 / Section 63-2-425
Individual drug users who may bring action - Persons
Status: in_force

liable for damages - Damages recoverable.

A. An individual drug user shall not bring an action for

damages caused by the use of an illegal drug, except as otherwise

provided in this subsection. An individual drug user may bring an

action for damages caused by the use of an illegal drug only if all

of the following conditions are met:

1. The individual personally discloses to narcotics enforcement

authorities, more than six (6) months before filing the action, all

the information known to the individual regarding their source of

illegal drugs;

2. The individual has not used an illegal drug within the six

(6) months before filing the action; and

3. The individual continues to remain free of the use of an

illegal drug throughout the pendency of the action.

B. A person entitled to bring an action under this section may

seek damages only from a person who distributed, or is in the chain

of distribution of, an illegal drug that was actually used by the

individual drug user.

C. A person entitled to bring an action under this section may

recover only the following damages:

1. Economic damages, including but not limited to the cost of

treatment, rehabilitation, and medical expenses, loss of economic or

educational potential, loss of productivity, absenteeism, accidents

or injury, and other pecuniary loss proximately caused by the

person's illegal drug use;

2. Reasonable attorney fees; and

3. Costs of suit, including but not limited to reasonable

expenses for expert testimony.
Okla. Stat. tit. 63, § 63-1-818.26 — OK Code / Title 63 / Section 63-1-818.26
Renumbered as § 1430.26 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.