Okla. Stat. tit. 63, § 63-2550.3 — OK Code / Title 63 / Section 63-2550.3
Termination of participating providers – Procedures and
Status: in_force

conditions.

A. Every managed care plan shall establish procedures

governing termination of a participating provider who is terminated

for reasons other than cause. The procedures shall include

assurance of continued coverage of services, at the contract terms

and price by a terminated provider for up to ninety (90) calendar

days from the date of notice to the covered person, for a covered

person who:

1. Has a degenerative and disabling condition or disease;

2. Has entered the third trimester of pregnancy. Additional

coverage of services by the terminated provider shall continue

through at least six (6) weeks of postpartum evaluation; or

3. Is terminally ill.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1401

B. 1. If a participating provider voluntarily chooses to

discontinue participation as a network provider in a managed care

plan, the managed care plan shall permit a covered person to

continue an ongoing course of treatment with the disaffiliated

provider during a transitional period:

a. of up to ninety (90) days from the date of notice to

the managed care plan of the provider’s disaffiliation

from the managed care plan’s network, or

b. that includes delivery and postpartum care if the

covered person has entered the third trimester of

pregnancy at the time of the provider’s

disaffiliation.

2. If a provider voluntarily chooses to discontinue

participation as a network provider participating in a managed care

plan, such provider shall give at least a ninety-day notice of the

disaffiliation to the managed care plan. The managed care plan

shall immediately notify the disaffiliated provider’s patients of

that fact.

3. Notwithstanding the provisions of paragraph 1 of this

subsection, continuing care shall be authorized by the managed care

plan during the transitional period only if the disaffiliated

provider agrees to:

a. continue to accept reimbursement from the managed

care plan at the rates applicable prior to the start

of the transitional period as payment in full,

b. adhere to the managed care plan’s quality assurance

requirements and to provide to the managed care plan

necessary medical information related to such care,

and

c. otherwise adhere to the managed care plan’s policies

and procedures, including, but not limited to,

policies and procedures regarding referrals, and

obtaining preauthorization and treatment plan

approval from the managed care plan.
Okla. Stat. tit. 63, § 63-1-906 — OK Code / Title 63 / Section 63-1-906
Renumbered as § 2-6-305 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-723 — OK Code / Title 63 / Section 63-1-723
Primary Health Care Development Revolving Fund
Status: in_force

A. There is hereby created in the State Treasury a revolving

fund for the State Department of Health to be designated the

"Primary Health Care Development Revolving Fund". The fund shall be

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

consist of appropriations, grants, gifts and other money obtained

pursuant to this act.

B. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the State

Department of Health for the enhancement and establishment of

federally qualified health centers or federally qualified look-alike

community health centers, as defined by 42 U.S.C., Section

13986d(1)(2)(B).

C. Expenditures from said fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.
Okla. Stat. tit. 63, § 63-1-740.1 — OK Code / Title 63 / Section 63-1-740.1
Definitions
Status: in_force

As used in Sections 1-740.1 through 1-740.5 of this title:

1. "Abortion" means the term as is defined in Section 1-730 of

this title;

2. "Medical emergency" means the existence of any physical

condition, not including any emotional, psychological, or mental

Oklahoma Statutes - Title 63. Public Health and Safety Page 364

condition, which a reasonably prudent physician, with knowledge of

the case and treatment possibilities with respect to the medical

conditions involved, would determine necessitates the immediate

abortion of the pregnancy of the minor in order to avert her death

or to avert substantial and irreversible impairment of a major

bodily function arising from continued pregnancy, and there is

insufficient time to provide the required notice and obtain the

written informed consent of one parent;

3. "Parent" means one parent of the pregnant unemancipated

minor or guardian if the pregnant unemancipated minor has one; and

4. "Unemancipated minor" means any person less than eighteen

(18) years of age who is not or has not been married or who is under

the care, custody and control of the person's parent or parents,

guardian or juvenile court of competent jurisdiction.
Okla. Stat. tit. 63, § 63-2063c — OK Code / Title 63 / Section 63-2063c
Community health workers — Voluntary certification
Status: in_force

A. The State Department of Health shall establish a certificate

for community health workers. This certification shall be

voluntary.

B. A certified community health worker may:

1. Serve as a liaison between health and social services and

the community to facilitate access to services, to improve the

quality of service delivery, and to maximize the efficiency of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1339

service delivery by coordinating available resources and leveraging

partnerships with private, nonprofit, or faith-based organizations;

2. Assist individuals in attaining employment, education,

occupational training, or other means of supporting employment and

promoting self-sufficiency;

3. Assist in identifying and communicating gaps in current

community and health care resources; and

4. Build individual and community capacity by increasing health

knowledge and self-sufficiency through a range of activities such as

outreach, community education, coaching, mentoring, social support,

and advocacy, including efforts within faith-based settings.

C. In carrying out the functions described in paragraph 1 of

subsection B of this section, community health workers shall

emphasize available resources of private, nonprofit, or faith-based

organizations, and shall not rely solely on public assistance

programs for delivery of services.
Okla. Stat. tit. 63, § 63-695.2 — OK Code / Title 63 / Section 63-695.2
Purpose - Definitions - Statewide mutual aid system -
Status: in_force

Reimbursement.

A. The purpose of the Oklahoma Intrastate Mutual Aid Compact is

to create a system of intrastate mutual aid between participating

jurisdictions in the state.

B. As used in the Oklahoma Intrastate Mutual Aid Compact:

1. "Jurisdiction" means any county, city, town or municipal

corporation of the State of Oklahoma represented by an elected

governing body and city-county health department created pursuant to

the Oklahoma Public Health Code.

Sovereign Tribal Nations in the State of Oklahoma shall also be

considered jurisdictions under the Oklahoma Intrastate Mutual Aid

Compact and participating unless electing not to participate or

later withdrawing from the system.

Public universities in this state which maintain CLEET-certified

law enforcement agencies may elect to be considered jurisdictions

under the provisions of this act and shall retain the right to later

withdraw from the system;

2. "Emergency" means any occasion or instance for which

assistance is needed to supplement local efforts and capabilities to

save lives and to protect property and public health and safety, or

to lessen or avert the threat of a catastrophe; and

3. "Emergency responder" means anyone with special skills,

qualifications, training, knowledge, and experience in the public or

private sectors that would be beneficial to a participating

jurisdiction in response to a local emergency as defined in

applicable law or ordinance or authorized drill or exercise.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1274

C. Each participant of the system shall recognize that

emergencies transcend political jurisdictional boundaries and that

intergovernmental coordination is essential for the protection of

lives and property and for best use of available assets both public

and private. The system shall provide for mutual assistance among

the participating jurisdictions in the prevention of, response to,

and recovery from, any disaster or emergency, or any other activity,

as determined by the participating jurisdictions. The system shall

provide for mutual cooperation among the participating jurisdictions

in conducting disaster-related exercises, testing, or other training

activities outside actual declared emergency periods. This

legislation provides no immunity, rights, or privileges for any

individual responding to a state of emergency that is not requested

and/or authorized to respond by a participating jurisdiction.

Participating jurisdictions will be ensured eligibility, to the

fullest extent possible, for state and federal disaster funding.

D. All jurisdictions within the state, upon enactment of this

legislation, are automatically a part of the statewide mutual aid

system. A jurisdiction within the state may elect not to

participate or to later withdraw from the system upon enacting an

appropriate resolution by its governing body declaring that it

elects not to participate in the statewide mutual aid system and

providing a copy of the resolution to the Oklahoma Department of

Emergency Management. This legislation does not preclude

participating jurisdictions from entering into supplementary

agreements with another jurisdiction and does not affect any other

agreement to which a jurisdiction may currently be a party or decide

to be a party to.

E. Many disasters begin as emergencies where local jurisdictions

require fire service and/or law enforcement assistance. These

services would normally be requested and provided at the department

level as normal day-to-day operations with no reimbursement. If an

incident response expands beyond a normal day-to-day emergency into

a disaster situation, reimbursement for mutual aid services may be

necessary and will be in accordance with the Federal Emergency

Management Agency reimbursement policy.

F. In support of the Emergency Management Compact, Section 684.1

et seq. of this title, the Governor or the representative of the

Governor may request mutual aid assistance from local jurisdictions

for other states or their jurisdictions. In such situations, the

assisting local jurisdiction shall be considered an agent of the

state.
Okla. Stat. tit. 63, § 63-2-1101 — OK Code / Title 63 / Section 63-2-1101
Harm-reduction services
Status: in_force

A. Until July 1, 2026, the following are hereby authorized to

engage in harm-reduction services:

1. Government entities including, but not limited to, the State

Department of Health and the Department of Mental Health and

Substance Abuse Services; provided, no state dollars shall be used

to purchase hypodermic needles;

2. Religious institutions or churches;

3. Nonprofit organizations;

4. For-profit companies;

5. Nongovernment entities partnering with a governmental

agency; and

6. Tribal governments.

B. Those offering harm-reduction services shall register with

the State Department of Health and may engage in the following

activities in order to reduce the use of drugs, prevent outbreaks of

infectious diseases and reduce morbidity among people who use

injection drugs:

1. Offer referrals and resources to treat substance use

disorders;

2. Provide education on the risk of transmission of infectious

diseases, including human immunodeficiency virus (HIV) and viral

hepatitis;

3. Rapid testing for HIV, hepatitis C and sexually transmitted

infections (STIs);

4. Referrals for medical and mental health services;

5. Collect used hypodermic needles for safe disposal;

6. Possess and distribute hypodermic needles, cleaning kits,

test kits and opioid antagonists; and

7. Rapid substance testing products used, intended for use, or

fashioned specifically for the use in identifying or analyzing the

potency or toxicity of unknown substances.

C. Registered providers of harm-reduction services shall report

at least quarterly to the State Department of Health:

1. The number of clients served including basic demographic

information;

2. Number and type of referrals provided;

3. Number of syringes, test kits and antagonists distributed;

4. Number of used syringes collected; and

5. Number of rapid HIV and viral hepatitis tests performed

including the number of reactive test results.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1058

D. The State Commissioner of Health shall promulgate rules for

the implementation of this section.
Okla. Stat. tit. 63, § 63-124.6 — OK Code / Title 63 / Section 63-124.6
Inspection of premises
Status: in_force

The Fire Marshal and any assistants of the Fire Marshal may,

during normal business hours, inspect any building, structure or

premises of any person subject to the provisions of this division,

and shall, upon the discovery of any violation of this division or

rules promulgated hereunder, issue such orders as are necessary for

the safety of occupants and the public.
Okla. Stat. tit. 63, § 63-1093 — OK Code / Title 63 / Section 63-1093
Responsibility for conduct of assistance programs
Status: in_force

Except as provided in this section, the responsibility for the

conduct of the relocation assistance programs shall be with the

entity authorizing or requiring the relocation. An entity

authorizing or requiring relocation may enter into contracts with

any individual, firm, association or corporation for services in

connection with such programs, or may carry out its functions

pursuant to Section 4 of this act through any federal or state

agency or instrumentality having an established organization for

conducting relocation assistance programs.
Okla. Stat. tit. 63, § 63-1-1917 — OK Code / Title 63 / Section 63-1-1917
State agencies to assist in carrying out provisions of
Status: in_force

act.

It shall be the duty of the Department of Human Services and the

Director of the Oklahoma State Bureau of Investigation to assist the

Commissioner in carrying out the provisions of this act insofar as

the functions of these respective offices and departments are

Oklahoma Statutes - Title 63. Public Health and Safety Page 698

concerned with the health, welfare and safety of any person or

persons cared for in facilities as defined herein.
Okla. Stat. tit. 63, § 63-1-316a — OK Code / Title 63 / Section 63-1-316a
Heirloom birth certificates
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 185

A. The State Department of Health shall provide for the

issuance of an heirloom birth certificate. The Department

shall design the form of the heirloom birth certificate with

the advice and assistance of the Oklahoma Arts Council

and may promote and sell copies of the certificate. An

heirloom birth certificate shall not be used as evidence of

live birth nor identification purposes.

B. The Department shall prescribe a fee for the issuance of an

heirloom birth certificate in an amount that does not exceed Thirty-

five Dollars ($35.00).

C. Proceeds from the sale of heirloom birth certificates shall

be used by the State Department of Health.
Okla. Stat. tit. 63, § 63-1-114.22 — OK Code / Title 63 / Section 63-1-114.22
Grants to public schools for vision-related equipment
Status: in_force

and services.

A. The State Department of Health may award grants to public

schools from the Public School Vision Screening Modernization

Revolving Fund created in Section 1 of this act for the purpose of

assisting public schools in obtaining vision screening equipment,

collecting vision screening data, and obtaining related services to

fulfill the requirements of Section 1210.284 of Title 70 of the

Oklahoma Statutes.

B. The State Department of Health shall electronically submit

an annual report on all grants awarded under this section to the

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

Representatives, and the Governor by January 15 of each year.
Okla. Stat. tit. 63, § 63-123.3 — OK Code / Title 63 / Section 63-123.3
Issuance, denial, suspension, or revocation of permits -
Status: in_force

Hearings - Inspections - Injunctions.

The Department shall enforce the provisions of this division and

for such purposes shall:

1. Issue permits to applicants found by the Department, after

inspection and investigation, to be qualified for such permit under

the provisions of this division and the rules promulgated by the

Department;

2. Deny, suspend, or revoke permits upon a finding of

noncompliance or violation of the provisions of this division or of

the applicable rules of the Department;

3. Hold hearings upon the application of any person aggrieved

by any order of the Department with respect to the denial,

suspension, or revocation of any permit; and

4. Inspect, during normal business hours, any building,

structure, or premises subject to the provisions of this division,

and, upon the discovery of any violation of this division or the

applicable rules, issue such orders as are necessary for the safety

of workers and the public, and, in the case of imminent hazard or

emergency, apply for an injunction in the appropriate district

court.Oklahoma Statutes - Title 63. Public Health and Safety Page 34
Okla. Stat. tit. 63, § 63-3118 — OK Code / Title 63 / Section 63-3118
Verification of compliance
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1497

The State Board of Health shall request, in hospital license and

renewal applications submitted pursuant to Sections 1-703 and 1-704

of Title 63 of the Oklahoma Statutes, verification of compliance

with the provisions of Sections 3112 through 3117 of Title 63 of the

Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-1301.3 — OK Code / Title 63 / Section 63-1-1301.3
Renumbered as § 7-403 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1-1605 — OK Code / Title 63 / Section 63-1-1605
Embargo
Status: in_force

(a) Whenever a duly authorized agent of the State Commissioner

of Health finds, or has probable cause to believe, that any

hazardous substance is so misbranded as to be dangerous or

fraudulent, within the meaning of this article, he shall affix to

such article a tag or other appropriate marking, giving notice that

such article is, or is suspected of being, misbranded and has been

detained or embargoed, and warning all persons not to remove or

dispose of such article by sale or otherwise until permission for

removal or disposal is given by such agent or the court.

(b) When an article detained or embargoed has been found by such

agent to be misbranded, he shall petition the district court in

whose jurisdiction the article is detained or embargoed for

condemnation of such article. When such agent has found that an

article so detained or embargoed is not misbranded, he shall remove

the tag or other marking.

(c) If the court finds that a detained or embargoed article is

misbranded, such article shall, after entry of the decree, be

destroyed at the expense of the claimant thereof, under the

supervision of such agent, and all court costs and fees, and storage

and other proper expenses, shall be taxed against the claimant of

such article or his agent; provided, that when the misbranding can

be corrected by proper labeling or processing of the article, the

court, after entry of the decree and after such costs, fees, and

expenses have been paid and a good and sufficient bond, conditioned

that such article shall be so labeled or processed, has been

executed, may by order direct that such article be delivered to the

claimant thereof for such labeling or processing under the

supervision of an agent of the Commissioner. The expense of such

supervision shall be paid by the claimant. Such bond shall be

returned to the claimant of the article on representation to the

court by the Commissioner that the article is no longer in violation

of this article, and that the expenses of such supervision have been

paid.

Oklahoma Statutes - Title 63. Public Health and Safety Page 647
Okla. Stat. tit. 63, § 63-1-1301.32 — OK Code / Title 63 / Section 63-1-1301.32
Purpose of act
Status: in_force

Mello-drink products resemble milk products so closely that they

lend themselves readily to substitution for and confusion with such

milk products and in many cases cannot be distinguished from milk

products by the ordinary consumer. The manufacture, sale, exchange,

purveying, transportation, possession with intent to sell or

offering for sale or exchange or purveyance of Mello-drink products

creates a condition conducive to substitution, confusion, deception

and fraud, and one which, if permitted to continue without some

controls, tends to interfere with the orderly and fair marketing of

foods essential to the well-being of the people of this state. It

is hereby declared to be the purpose of this act to correct and

eliminate the condition above referred to; to protect the public

from products manufactured under unhealthy and unsanitary

conditions; to protect the public from confusion, fraud and

Oklahoma Statutes - Title 63. Public Health and Safety Page 600

deception; to prohibit practices inimical to the general health and

welfare; and to promote the orderly and fair marketing of essential

foods.
Okla. Stat. tit. 63, § 63-1-1956.5 — OK Code / Title 63 / Section 63-1-1956.5
Electronic monitoring of residents
Status: in_force

A. A resident or the representative of a resident may conduct

authorized electronic monitoring of the resident's room through the

use of authorized electronic monitoring devices placed in the room

pursuant to the provisions of Section 1-1953.1 et seq. of this title

at the expense of such person or representative of the resident and

with the written consent of any other resident living in the room.

B. A resident who conducts authorized electronic monitoring or

the representative of the resident may post and maintain a notice at

the entrance to the resident's room stating that the room is being

monitored by an electronic monitoring device.

C. Nothing in Section 1-1953.1 et seq. of this title shall be

construed to prevent a resident or the representative of the

resident from placing an electronic monitoring device in the

resident's room at the expense of such person; however, if such

resident is sharing a room with any other resident, the resident or

the representative of the resident shall obtain written consent from

such other resident or the representative of the resident living in

the room and such consent shall be on a form prescribed by the State

Department of Health and shall be placed on file with the

administrator of the facility.

D. If a resident residing in a shared room, or the

representative of a resident residing in a shared room, desires to

utilize an authorized electronic monitoring device and another

resident living in such shared room refuses to consent to the use of

an authorized electronic monitoring device, the nursing facility,

assisted living center or continuum of care facility shall

accommodate the resident or the representative of the resident

desiring to utilize an authorized electronic monitoring device to

Oklahoma Statutes - Title 63. Public Health and Safety Page 779

move to another room if the resident or resident's representative

requests such a room change within a reasonable amount of time.
Okla. Stat. tit. 63, § 63-3229 — OK Code / Title 63 / Section 63-3229
Report of total value of sales tax exemption – Additional
Status: in_force

reporting requirements.

With respect to the provisions of paragraph 30 of Section 1356

of Title 68 of the Oklahoma Statutes as amended by Enrolled Senate

Bill No. 79 of the 1st Session of the 58th Oklahoma Legislature, the

University Hospitals Authority shall report the total value of the

sales tax exemption from the prior fiscal year to the Governor, the

Speaker of the House of Representatives, the President Pro Tempore

of the Senate, the Chair of the House Appropriations and Budget

Committee or successor committee, and the Chair of the Senate

Appropriations Committee or successor committee as part of its

annual budget and performance review materials submitted for the

fiscal year beginning July 1, 2024, and for fiscal years thereafter.

The Authority shall further report the total number of filled

resident positions and the number of nursing graduates of the

University of Oklahoma Health Sciences Center compared to the

baseline numbers for fiscal year 2021 as part of the same report

each year. The University Hospitals Trust shall confirm for each

fiscal year beginning in fiscal year 2023 that any nonprofit entity

which has entered into a joint operating agreement with the Trust

and is subject to the provisions of paragraph 30 of Section 1356 of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1538

Title 68 of the Oklahoma Statutes has budgeted an amount equal to or

greater than the baseline amount for fiscal year 2021 for physician

and nursing workforce development, and the Trust shall verify that:

1. The nonprofit entity subject to these provisions has

increased funding to the University of Oklahoma Health Sciences

Center College of Medicine in a sufficient amount to support seventy

additional medical residency positions by fiscal year 2025 than the

baseline amount supported in fiscal year 2021;

2. The nonprofit entity subject to these provisions has

increased funding to the University of Oklahoma Health Sciences

Center College of Nursing in a sufficient amount to support fifty

additional Nurse Practitioner graduates by fiscal year 2026 than the

baseline amount supported in fiscal year 2021; and

3. The nonprofit entity subject to these provisions has

increased funding to the University of Oklahoma Health Sciences

Center College of Nursing in a sufficient amount to support one

hundred ten additional Registered Nurse graduates by fiscal year

2024 than the baseline amount supported in fiscal year 2021.
Okla. Stat. tit. 63, § 63-427.26 — OK Code / Title 63 / Section 63-427.26
Bond required for land used in commercial growing
Status: in_force

operations.

A. It shall be unlawful for any holder of a medical marijuana

business license pursuant to Section 427.14 of Title 63 of the

Oklahoma Statutes to engage in any commercial growing operations in

this state without acquiring a bond. The bond shall cover that area

Oklahoma Statutes - Title 63. Public Health and Safety Page 1198

of land within the permit area upon which the business licensee will

initiate and conduct commercial growing operations.

B. Every applicant for a commercial grower license or

commercial grower licensee shall file with the Oklahoma Medical

Marijuana Authority a bond satisfactory to the Authority and in the

amount no less than Fifty Thousand Dollars ($50,000.00) for each

license sought or held, with a surety company qualified to do

business in this state as a surety. The bond shall be furnished to

the state for the use of the state pursuant to the provisions of

this act. The bond shall be conditional that the obligor will

comply with the provisions of this act including, but not limited

to, building codes, administrative rules, and other relevant laws,

and all rules and regulations made pursuant to this act and will pay

all amounts of money that may be due to the state during the time

such bond is in effect.

C. The Authority or the Department of Environmental Quality may

require a higher amount depending upon the reclamation requirements

of the approved application. The amount shall reflect the probable

difficulty of reclamation with consideration for such factors

including, but not limited to, topography, hydrology, and

revegetation potential. The amount of the bond for a commercial

growing operation shall be sufficient to assure the completion of

the reclamation plan if the work has to be performed by the

Authority or the Department of Environmental Quality in the event of

revocation of license.

D. An appropriate agency may recall the bond if the property

has been abandoned, the Authority revokes the commercial growing

operation’s license, or in response to receiving notice of a

violation of any law, regulation, policy, or ordinance necessitating

remedial action. The bond shall be used to defray the cost of

restoration of the property including, but not limited to, removing

equipment, destruction of waste, remediation of environmental

hazards, prohibiting public access, addressing improperly coded

buildings, or determination of the final disposition of any seized

property.

E. A holder of a medical marijuana business license pursuant to

Section 427.14 of Title 63 of the Oklahoma Statutes engaging in a

commercial growing operation may operate without obtaining a bond

upon verification by the Authority that the permitted land on which

the licensee operates the commercial growing operation has been

owned by the licensee for at least a five-year period prior to

submission of application.
Okla. Stat. tit. 63, § 63-1-209.1 — OK Code / Title 63 / Section 63-1-209.1
County boards of health as sponsoring agency for
Status: in_force

National Health Service Corps assignees.

There is hereby created authority for county boards of health as

established under Title 63, Chapter 1, Public Health Code, Section

1-202, to be the sponsoring agency for our National Health Service

Corps assignees as established by Public Law 91-623, known as the

Emergency Health Personnel Act of 1970. This authority with the

concurrence of the Commissioner of Health shall extend to include

the sponsoring agency establishing rules of collection of fees for

Oklahoma Statutes - Title 63. Public Health and Safety Page 108

such personnel and disbursement of the fees in accordance with

agreements reached by the U.S. Public Health Service in the

assignment of Corps personnel under the sponsorship of the county

health board.
Okla. Stat. tit. 63, § 63-1-756.3 — OK Code / Title 63 / Section 63-1-756.3
Methods of providing drugs
Status: in_force

Abortion-inducing drugs shall only be provided by a qualified

physician following procedures laid out in this act. It shall be

unlawful for any manufacturer, supplier, physician, qualified

physician or any other person to provide any abortion-inducing drug

via courier, delivery or mail service.
Okla. Stat. tit. 63, § 63-1-1113 — OK Code / Title 63 / Section 63-1-1113
False advertising
Status: in_force

An advertisement of a food shall be deemed to be false if it is

false or misleading in any particular.

Oklahoma Statutes - Title 63. Public Health and Safety Page 579
Okla. Stat. tit. 63, § 63-4210.2 — OK Code / Title 63 / Section 63-4210.2
Eluding or attempting eluding peace officer - Assisting
Status: in_force

peace officer - Arrests.

Any operator of a vessel who has received a visual and audible

signal, a red light and a siren, from any duly authorized peace

officer of this state, operating a vessel showing the same to be a

law enforcement vessel, directing the said operator to bring his

vessel to a stop and who willfully increases his speed or

extinguishes his lights in an attempt to elude such officer, or

willfully attempts in any other manner to elude the officer, or who

does elude such officer, upon conviction, shall be guilty of a

misdemeanor and shall be punished by a fine of not more than Two

Thousand Dollars ($2,000.00), or by imprisonment in the county jail

for not more than one (1) year, or by both such fine and

imprisonment.

Said peace officer, while attempting to stop a violator of this

section, may communicate a request for the assistance of other duly

authorized peace officers from any office, department or agency of

this state. Any such officer within this state, having knowledge of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1670

such request, is authorized to render such assistance in stopping

the violator and may effect an arrest under this section upon

probable cause.
Okla. Stat. tit. 63, § 63-1-1708.1F-1 — OK Code / Title 63 / Section 63-1-1708.1F-1
Noneconomic damages – Hard cap limit – Exception –
Status: in_force

Applicability and termination of section.

A. Except as provided in subsection B or D of this section, in

any medical liability action not provided for in Section 1-1708.1F

of Title 63 of the Oklahoma Statutes, the amount of noneconomic

damages awarded shall not exceed the hard cap amount of Three

Hundred Thousand Dollars ($300,000.00), regardless of the number of

actions brought with respect to the personal injury, provided:

Oklahoma Statutes - Title 63. Public Health and Safety Page 655

1. The defendant has made an offer of judgment pursuant to

Section 1101.1 of Title 12 of the Oklahoma Statutes; and

2. The amount of the verdict awarded to the plaintiff is less

than one and one-half (1 1/2) times the amount of the final offer of

judgment.

B. The dollar amount prescribed by subsection A of this section

shall be adjusted annually based upon any positive increase in the

Consumer Price Index that measures the average changes in prices of

goods and services purchased by urban wage earners and clerical

workers’ families and single workers living alone (CPI-W) for the

preceding calendar year. The adjustment required by this subsection

shall be made on April 1 of each year or not later than thirty (30)

days after the date upon which the Bureau of Labor Statistics

releases the CPI-W inflationary data for the preceding calendar

year, whichever date first occurs. No adjustment to the dollar

amount prescribed by this section shall be made for any year in

which there is a decline in the Consumer Price Index.

C. As used in this section, “noneconomic damages” means only

mental pain and suffering, inconvenience, mental anguish, emotional

distress, loss of society and companionship, loss of consortium,

injury to reputation and humiliation; provided, however, noneconomic

damages do not include exemplary damages, as provided for in Section

9.1 of Title 23 of the Oklahoma Statutes.

D. If nine or more members of the jury find by clear and

convincing evidence that the defendant committed negligence or if

nine or more members of the jury find by a preponderance of the

evidence that the conduct of the defendant was willful or wanton,

the limits on noneconomic damages provided for in subsection A of

this section shall not apply; provided, however, the judge must,

before submitting such determination to the jury, make a threshold

determination that there is evidence from which the jury could

reasonably make the findings set forth in the case.

E. If the jury returns a verdict that is greater than Three

Hundred Thousand Dollars ($300,000.00) and is less than one and one-

half (1 1/2) times the amount of the final offer of judgment, the

court shall submit to the jury an additional form of verdict. The

additional form of verdict shall be substantially as follows:

“1. Do you find by a preponderance of the evidence that the

conduct of the defendant was willful or wanton? If nine or more of

you answer in the affirmative, then return this verdict form in open

court. If less than nine of you answer in the affirmative, then

answer the following question.

2. Do you find by clear and convincing evidence that the

defendant was negligent? If this question is answered

affirmatively, then return this verdict form in open court. If less

than nine of you find negligence by clear and convincing evidence,

then answer the following question.

Oklahoma Statutes - Title 63. Public Health and Safety Page 656

3. Of the amount returned in the verdict, what amount of your

verdict is for economic damages and what amount is for noneconomic

damages?”

F. Nothing in this section shall apply to an action brought for

wrongful death.

G. The provisions of this section shall apply only to actions

that accrue on or after November 1, 2004.

H. This section of law shall terminate on November 1, 2010.
Okla. Stat. tit. 63, § 63-1-2102 — OK Code / Title 63 / Section 63-1-2102
Renumbered as § 2-8-102 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-3292 — OK Code / Title 63 / Section 63-3292
Leases from Oklahoma State University Medical Authority
Status: in_force

to Oklahoma State University Medical Trust - Transfers of title -

Other agreements.

A. Contingent upon the creation of the Oklahoma State

University Medical Trust as provided in Section 20 of this act, the

Oklahoma State University Medical Authority is hereby authorized to

lease, for a term of not more than fifty (50) years, renewable at

the option of the Authority, all real property owned by the

Authority and any other sites under the control of the Authority to

the Oklahoma State University Medical Trust. Any lease agreement

made pursuant to this section shall be contingent upon:

1. Prior review by the Attorney General of any contractual

agreement between the Oklahoma State University Medical Trust and

any entity authorized to transact business in the State of Oklahoma

regarding the lease and operations. The Attorney General shall

disapprove the agreement if it is determined that provisions of the

agreement are not consistent with state law; and

2. The execution of an operating and lease agreement between

the Oklahoma State University Medical Trust and any entity

authorized to transact business in the State of Oklahoma.

B. Concurrent with the execution of a lease of real property

from the Oklahoma State University Medical Authority to the Oklahoma

State University Medical Trust as provided in subsection A of this

section, the Authority is authorized to transfer title to and

possession of all tangible and intangible personal property under

its control to the Trust. In any contractual agreement regarding

the lease and operations of a hospital or hospitals between the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1596

Oklahoma State University Medical Trust and any entity authorized to

transact business in the State of Oklahoma, the Trust is authorized

to sell or otherwise convey to such entity all tangible and

intangible personal property the Trust may receive from the Oklahoma

State University Medical Authority. Any contract or other agreement

which purports to exercise the powers authorized by this subsection

is subject to review by the Contingency Review Board, as specified

in Section 21 of this act.

C. If a contracting entity fails to take possession of the

leased premises, or abandons or surrenders possession of the leased

premises other than to a state agency, at any time during the term

of the lease between the Oklahoma State University Medical Trust and

the contracting entity, the interest in the real property leased to

the Oklahoma State University Medical Trust by the Oklahoma State

University Medical Authority shall revert to and be the sole and

exclusive property of the Oklahoma State University Medical

Authority.

D. Contingent upon the execution of an agreement between the

Oklahoma State University Medical Trust and any entity authorized to

transact business in the State of Oklahoma, as specified in

subsection A of this section, the Oklahoma State University Medical

Authority is authorized to enter into an agreement for such entity

to provide patient care services and perform other related duties

imposed upon the Oklahoma State University Medical Authority by law.

Such an agreement between the Oklahoma State University Medical

Authority and such entity is exempt from the requirements of the

Oklahoma Central Purchasing Act and any rules adopted by the

Oklahoma State University Medical Authority pursuant to the

Administrative Procedures Act. The governing committee created by

the agreement and the Oklahoma State University Medical Trust shall

be subject to the Open Meeting Act and the Open Records Act to the

same extent and with the same exceptions as provided to for the

Oklahoma State University Medical Authority in Section 5 of this act

and shall be exempt from the Oklahoma Central Purchasing Act.
Okla. Stat. tit. 63, § 63-4209 — OK Code / Title 63 / Section 63-4209
Unlawful possession of vessel or motor - Penalties
Status: in_force

A person not entitled to possession of a vessel or motor who,

without the consent of the owner and with intent to deprive him of

the vessel or motor or its possession, takes, uses, or operates the

vessel or motor, upon conviction, shall be guilty of a Class D1

felony offense and shall be punished by a fine of not more than One

Thousand Dollars ($1,000.00), or by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, or by both such fine and imprisonment.
Okla. Stat. tit. 63, § 63-2-109 — OK Code / Title 63 / Section 63-2-109
Rental or charter of aircraft
Status: in_force

The Oklahoma Bureau of Narcotics and Dangerous Drugs Control is

hereby authorized to rent and/or charter aircraft on a project

mission basis; such rental or charter to last only for the duration

of the project mission. The Bureau is also authorized to pay, from

any funds available to the Bureau, expenses involved in qualifying

multiengine and instrument pilots as may be required to accomplish

agency responsibilities.
Okla. Stat. tit. 63, § 63-3280 — OK Code / Title 63 / Section 63-3280
Issuance of bonds - Procedure - Characteristics -
Status: in_force

Approvals.

A. Subject to the provisions of paragraph 11 of subsection A of

Section 6 of this act, the Oklahoma State University Medical

Authority may provide by resolution, from time to time, for the

issuance of revenue bonds for its lawful purposes, in such amount or

amounts as are necessary, incidental or convenient to the exercise

of powers, rights, privileges and functions conferred upon it by the

Oklahoma State University Medical Authority Act or other law. The

principal of and interest on any indebtedness shall be payable

solely from the revenues of the Authority and such other funds as

may be provided by law for such payment. The Authority may provide

for credit enhancement as additional security or liquidity for its

bonds and enter into such agreements as may be necessary or

appropriate to provide for the repayment of any funds advanced by

the provider of any such credit enhancement including the payment of

any fees and expenses incurred in connection therewith. The bonds

of each issue shall bear interest at fixed or variable rates and

shall bear an average interest rate not to exceed eleven percent

(11%) per annum, shall mature at such time or times not exceeding

thirty (30) years from their date or dates of issue, as may be

determined by the Authority, and may be made redeemable before

maturity at the option of the Authority, at such time or times and

at such price or prices and pursuant to such terms and conditions as

may be fixed by the Authority prior to the issuance of the bonds.

The Authority shall determine the form of the bonds and the manner

of execution thereof, and shall fix the denominations of the bonds

and the place or places of payment of principal and interest, which

may be at any bank and trust company within or without this state.

If any officer whose signature or facsimile of whose signature

appears on any bonds shall cease to be said officer before the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1587

delivery of the bonds, the signature or the facsimile shall

nevertheless be valid and sufficient for all purposes, the same as

if the person had remained in office until such delivery. All bonds

issued pursuant to the provisions of the Oklahoma State University

Medical Authority Act shall have all the qualities and incidences of

negotiable instruments subject to the laws of this state. The

Authority may sell the bonds in such amounts and in such manner,

either at public or private sale, and for such price, as it may

determine to be in the best interests of the state. If the bonds

are not sold by competitive bid, the sale must be approved by the

State Bond Advisor.

B. All fees and expenses of bond sales must be approved by the

State Bond Advisor and the Bond Oversight Commission. Prior to the

preparation of definitive bonds, the Authority, subject to like

restrictions, may issue interim receipts or temporary bonds, with or

without coupons, exchangeable for definitive bonds which have been

executed and are available for delivery. The Authority may also

provide for the replacement of any bonds which have become mutilated

or which have been destroyed or lost. Except as otherwise provided

by Section 14 of this act, bonds may be issued pursuant to the

provisions of the Oklahoma State University Medical Authority Act

without obtaining the consent of any department, division,

commission, board, bureau, or agency of this state, and without any

other proceedings or the occurrence of any other conditions or

things than those proceedings, conditions, or things that are

specifically required by the Oklahoma State University Medical

Authority.

C. The Authority may, by resolution, provide for the issuance

of refunding bonds then outstanding, including the payment of any

redemption premium, any interest accrued to the date of redemption

of such bonds, and for incurring additional indebtedness for its

lawful purposes. The issuance of such bonds shall be governed by the

provisions of the Oklahoma State University Medical Authority Act.
Okla. Stat. tit. 63, § 63-1-1947 — OK Code / Title 63 / Section 63-1-1947
Employee background checks
Status: in_force

A. 1. The State Department of Health and the Department of

Human Services shall conduct criminal history background checks on

all current employees and applicants for employment of the State

Department of Health and Department of Human Services whose

responsibilities include working inside long-term care facilities on

Oklahoma Statutes - Title 63. Public Health and Safety Page 737

behalf of the State Department of Health or the Department of Human

Services.

2. A criminal history background check shall be conducted on

the following individuals whose responsibilities include working

inside long-term care facilities:

a. any current employee of or applicant for employment

with the State of Oklahoma,

b. any individual contracting with the State of Oklahoma,

c. any individual volunteering for a state-sponsored

program,

d. any individual contracting with the Department of

Human Services Advantage Waiver Program who enters any

long-term care facility,

e. any individual providing services to the disabled or

elderly in a facility or client’s home, and

f. any individual employed by or volunteering for the

State Long-term Care Ombudsman Program.

3. The State Department of Health and the Department of Human

Services shall not hire or continue employment of an individual that

has been convicted of the crimes listed in Section 1-1950.1 of this

title. The criminal history background checks required by this

section shall follow the requirements of Section 1-1950.1 of this

title.

B. The State Department of Health and the Department of Human

Services shall also submit a list of all employees of the State

Department of Health and the Department of Human Services who work

inside long-term care facilities to the Department of Corrections.

The Department of Corrections shall promptly notify the State

Department of Health and the Department of Human Services of any

employee who is required to register pursuant to the Sex Offenders

Registration Act or the Mary Rippy Violent Crime Offenders

Registration Act.

C. The State Department of Health shall conduct an employment

screening prior to an offer of employment to a Health Facilities

Surveyor applicant. Each applicant shall fully disclose all

employment history and professional licensure history, including

actions taken regarding licensure. The Department shall review the

compliance history of the facilities during the time of the

applicant’s employment. If the applicant served as Director of

Nursing or as an administrator during a survey that resulted in

substandard quality of care and the facility failed to achieve

compliance in an appropriate and timely manner, the applicant shall

not be considered for employment. The Department shall also review

professional licensure history of each applicant, including actions

to suspend or revoke licenses by the Board of Nursing Home

Administrators, Board of Nurse Licensure, or other applicable

related licenses. Failure to fully disclose employment history and

Oklahoma Statutes - Title 63. Public Health and Safety Page 738

professional licensure actions shall constitute grounds for

dismissal or prohibit employment as a surveyor.

D. Except as otherwise provided by subsection F of this

section, an employer shall not employ, independently contract with,

or grant clinical privileges to any individual who has direct

patient access to service recipients of the employer, if one or more

of the following are met:

1. If the results of a state and national criminal history

records check reveal that the subject person has failed to act in

conformity with all federal, state and municipal laws as applicable

to his or her professional license, certification, permit or

employment class, as established by the authority having

jurisdiction for the subject person’s professional license,

certification, permit, or employment class;

2. If the individual is currently subject to an exclusion as

described under Title 42 of the United States Code, Section 1320a-7;

3. If the individual is currently the subject of a

substantiated finding of neglect, abuse, verbal abuse,

misappropriation of property, maltreatment, or exploitation, by any

state or federal agency pursuant to an investigation conducted in

accordance with Title 42 of the United States Code, Section 1395i-

3(g)(1)(c) or 1396r(g)(1)(c), or Section 1-1950.7 or 1-1951 of this

title;

4. If the individual is entered on the community services

worker registry pursuant to Section 1025.3 of Title 56 of the

Oklahoma Statutes;

5. If the individual is recorded on the Child Care Restricted

Registry pursuant to Section 405.3 of Title 10 of the Oklahoma

Statutes;

6. If the individual is registered pursuant to the Sex

Offenders Registration Act, the Mary Rippy Violent Crime Offenders

Registration Act, or registered on another state’s sex offender

registry; or

7. If the individual has direct patient access in an employment

class not otherwise described in this subsection and is subject to a

disqualifying condition identified in subsection B of Section 1-

1950.1 of this title.

E. If the results of a registry screening or criminal history

check reveal that an employee or a person hired, contracted with, or

granted clinical privileges on a temporary basis pursuant to

subsection L of this section has been disqualified pursuant to

subsection D of this section, the Department shall advise the

employer or requesting agency to immediately terminate the person’s

employment or contract.

F. Except as otherwise provided in subsection L of this

section, an employer shall not employ, independently contract with,

or grant privileges to, an individual who regularly has direct

Oklahoma Statutes - Title 63. Public Health and Safety Page 739

patient access to service recipients of the employer until the

employer conducts a registry screening and criminal history record

check in compliance with subsection I of this section. This

subsection and subsection D of this section shall not apply to the

following:

1. An individual who is employed by, under independent contract

to, or granted clinical privileges with, an employer on or before

November 1, 2012. An individual who is exempt under this subsection

is not limited to working within the employer with which he or she

is employed, under independent contract to, or granted clinical

privileges. That individual may transfer to another employer that

is under the same ownership with which he or she was employed, under

contract, or granted privileges. If that individual wishes to

transfer to another employer that is not under the same ownership,

he or she may do so provided that a registry screening and criminal

history record check are conducted by the new employer in accordance

with subsection I of this section.

a. If an individual who is exempt under this subsection

is subsequently found, upon seeking transfer to

another employer, ineligible for employment,

independent contract, or clinical privileges, as

provided in subsection D of this section, then the

individual is no longer exempt and shall be terminated

from employment or denied employment.

b. If an individual who is exempt under this subsection

is subsequently found ineligible for employment,

independent contract, or clinical privileges, as

provided in subsection D of this section, based on

disqualifying events occurring after November 1, 2012,

then the individual is no longer exempt and shall be

terminated from employment; and

2. An individual who is an independent contractor to an

employer, if the services for which he or she is contracted are not

directly related to the provision of services to a service recipient

or if the services for which he or she is contracted allow for

direct patient access to service recipients but are not performed on

an ongoing basis. This exception includes, but is not limited to,

an individual who independently contracts with the employer to

provide utility, maintenance, construction, or communications

services.

G. A nurse aide scholarship program shall not accept into its

training program candidates seeking eligibility for listing on the

nurse aide registry pursuant to 42 U.S.C. 1395i-3(e)(2)(A) or 42

U.S.C. 1396r(e)(2)(A) until the training program conducts a registry

screening and criminal history record check in compliance with

subsection I of this section. The candidate shall be subject to the

administrative fee in paragraph 1 of subsection J of this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 740

A nurse aide scholarship program shall not accept into enrollment a

candidate ineligible for employment pursuant to Section 1-1950.1 of

this title.

H. An applicant shall provide the employer a government photo

identification of the applicant and written consent for the employer

to conduct a registry screening and the Bureau to conduct a state

and national criminal history record check under this section. The

employer shall maintain the written consent and information

regarding the individual’s identification in their files for audit

purposes.

I. 1. Upon receipt of the written consent and identification

required under subsection H of this section, an employer shall

submit an applicant’s name, any aliases, address, former states in

which the applicant resided, social security number, and date of

birth, through an Internet portal maintained by the Department, as

provided in subsection V of this section, for the purpose of

conducting a check of all relevant registries established pursuant

to federal and state law and regulations for any findings barring

employment. If the findings of the check do not reveal any basis

that would prevent the employment of the applicant pursuant to

subsection D of this section, and where the applicant does not have

a monitored employment record pursuant to the provisions in

subsection S of this section, the Department shall authorize the

collection and submission of fingerprints through an authorized

collection site to the Bureau for the performance of a criminal

history record check on the applicant, pursuant to Section 150.9 of

Title 74 of the Oklahoma Statutes and in accordance with U.S. Public

Law 111-148. Results of such search conducted through both the

Bureau and FBI databases shall be returned electronically to the

Department.

2. The Bureau shall retain one set of fingerprints in the

Automated Fingerprint Identification System and submit the other set

to the FBI for a national criminal history records search.

3. Fingerprint images may be rejected by the Bureau or the FBI.

A rejection of the fingerprints by the Bureau or the FBI shall

require the applicant to be fingerprinted again.

4. The applicant shall have ten (10) calendar days, after

receipt of authorization as provided in this subsection, to submit

his or her fingerprints through an authorized collection site or his

or her application shall be deemed withdrawn and the applicant shall

be required to commence the application process from the beginning.

5. Medicaid home and community-based services waivered

providers as defined in Section 1915 (c) or 1915 (i) of the federal

Social Security Act may voluntarily participate in the submission of

fingerprints for applicants. In lieu of fingerprinting, said

providers shall obtain a name-based state criminal history record

check from the Bureau at the fee established in Section 150.9 of

Oklahoma Statutes - Title 63. Public Health and Safety Page 741

Title 74 of the Oklahoma Statutes. No other fees shall apply to

said providers relying on a name-based state criminal history record

check. The determination of employment eligibility shall be made by

said providers based on the criteria established in subsection D of

this section.

J. 1. The employer shall pay a fee of Nineteen Dollars

($19.00) to the Department for each applicant submitted for

fingerprinting or criminal history monitoring or both fingerprinting

and criminal history monitoring pursuant to subsection S of this

section. The prospective employee, independent contractor or

clinical privileges candidate authorized for fingerprint collection

by the Department shall pay an administrative fee of Ten Dollars

($10.00) at the time of fingerprinting. Subsequent fingerprinting

shall not be required of an applicant if the applicant has a

monitored employment record pursuant to subsection S of this

section.

2. The Department shall be responsible for screening and

fingerprinting and criminal history monitoring fees for persons

participating in a Medicaid program who self-direct their own care,

and the applicants of such self-directed care employers.

3. The Department shall use National Background Check grant

funds, employer fees and administrative fee collections, and

available Medicaid matching funds, to reimburse fingerprint

collection vendors, pay administrative expenses, and reimburse the

Bureau and FBI for each processed fingerprint review and automatic

notification services for subsequent arrest. The Department shall

reimburse fingerprint collection vendors, the Bureau, and the FBI,

the applicable costs for those identified in paragraph 2 of this

subsection.

4. At the consent of the current employee and request of an

employer, the Department shall authorize the collection and

submission of fingerprints for the purposes of conducting a criminal

history record check on any person excluded from the criminal

history requirements pursuant to subsection F of this section. The

employer shall pay a fee of Sixty-five Dollars ($65.00) to the

Department for the cost of registry screening, fingerprint

collection and submission, and arrest record monitoring. The

collection of fingerprints from those employed, contracted, or

granted clinical privileges, prior to the effective date established

by rule as authorized in subsection Y of this section, is voluntary

and not required for the purposes of this section.

K. 1. If the criminal history record check results reveal

information that precludes the Department from making a final

determination of employment eligibility, the employer and applicant

shall be given notice of such and the applicant shall have sixty

(60) days to make any necessary corrections or additions for the

Department to review.

Oklahoma Statutes - Title 63. Public Health and Safety Page 742

2. If the applicant is unable to make corrections or additions

to the record within the sixty (60) days, the Department shall deny

employment based on the disqualifying results and shall notify the

applicant of his or her right to appeal. The notice shall include

the reasons why the applicant is not eligible for employment and a

statement that the applicant has a right to appeal the decision made

by the Department regarding the employment eligibility. The notice

shall also include information regarding where to file and describe

the appellate procedures.

L. If an employer determines it necessary to employ, contract

with, or grant clinical privileges to an applicant before receiving

the results of the applicant’s criminal history record check under

this section, the employer may conditionally employ, conditionally

contract with, or grant conditional clinical privileges to the

applicant if all of the following apply:

1. The employer requests the criminal history record check

under this section upon conditionally employing, contracting with,

or granting clinical privileges to the individual;

2. The individual signs a statement in writing that indicates

the applicant affirms and agrees to all of the following:

a. that the applicant is not disqualified from

employment, an independent contract, or clinical

privileges, based on the disqualifying criteria

defined in subsection D of this section,

b. that the applicant agrees that, if the information in

the registry screening and criminal history record

check conducted under this section does not confirm

the individual’s statements under subparagraph a of

this paragraph, his or her employment, independent

contract, or clinical privileges shall be terminated

by the employer as required under subsection D of this

section unless and until the individual appeals and

can provide that the information is incorrect, and

c. that the applicant understands that the conditions

described in subparagraphs a and b of this paragraph

may result in the termination of his or her

employment, independent contract, or clinical

privileges, and that those conditions are good cause

for termination; and

3. The period of provisional employment shall not exceed sixty

(60) days pending the completion of the required background check.

During this time the employee shall be subject to direct on-site

supervision. The sixty-day time period may only be extended for

those employees who are appealing the results of the background

check. The time period shall only be extended for the duration of

the appeal.

Oklahoma Statutes - Title 63. Public Health and Safety Page 743

M. The Department shall develop and distribute a model form for

the statement required under paragraph 2 of subsection L of this

section. The Department shall make the model form available to

health facilities or agencies subject to this section upon request

at no charge.

N. If an individual is employed as a conditional employee, has

a conditional independent contract, or is granted conditional

clinical privileges under subsection L of this section, and the

report described in subsection I of this section does not confirm

the individual’s statement under subparagraph a of paragraph 2 of

subsection L of this section, the employer shall terminate the

individual’s employment, independent contract, or clinical

privileges, as required by subsection E of this section.

O. An individual who knowingly provides false information

regarding his or her identity, criminal convictions, or

substantiated findings on a statement described in subparagraph a of

paragraph 2 of subsection L of this section is guilty of a

misdemeanor punishable by a fine of not less than One Hundred

Dollars ($100.00) nor more than Three Hundred Dollars ($300.00),

imprisonment in the county jail for not more than thirty (30) days,

or by both such fine and imprisonment.

P. The Department shall use criminal history record information

obtained under subsection I of this section only for the purpose of

evaluating an applicant’s qualifications for employment, an

independent contract, or clinical privileges, in the position for

which he or she has applied and for the purposes of subsections H

and N of this section. The Department shall not disclose criminal

history record information. An individual who knowingly uses or

disseminates the criminal history record information obtained under

subsection I of this section in violation of this subsection is

guilty of a misdemeanor punishable by imprisonment for not more than

thirty (30) days or a fine of not more than Five Hundred Dollars

($500.00), or both. Except for a knowing or intentional release of

false information, the Department or employer has no liability in

connection with a criminal history record check conducted under this

section.

Q. As a condition of continued employment, each employee,

independent contractor, or individual granted clinical privileges

shall agree in writing to report to the employer immediately upon

being arraigned or indicted for one or more of the criminal offenses

listed in subsection D of this section, upon being convicted of, or

pleading guilty or nolo contendere to, one or more of the criminal

offenses listed in subsection D of this section, or upon being the

subject of a substantiated finding on a relevant registry as

described in subsection D of this section. Reporting of an

arraignment under this subsection may be cause for leave without

Oklahoma Statutes - Title 63. Public Health and Safety Page 744

pay, placement under direct supervision, restriction from direct

patient access, termination, or denial of employment.

R. An employer convicted for knowingly and willfully failing to

conduct the criminal history checks as required under this section

may be found guilty of a misdemeanor punishable by a fine of not

less than One Thousand Dollars ($1,000.00) nor more than Three

Thousand Dollars ($3,000.00), imprisonment in the county jail for

not more than thirty (30) days, or by both such fine and

imprisonment.

S. The Department shall establish a database to store the

records of an employer’s prospective and enrolled employees, the

results of the screening and criminal arrest records search, and an

identifier issued by the Bureau for the purposes of receiving an

automatic notification from the Bureau if and when a subsequent

criminal arrest record submitted into the system matches a set of

fingerprints previously submitted in accordance with this section.

Upon such notification, the Bureau shall immediately notify the

Department and the Department shall immediately notify the

respective employee. Information in the database established under

this subsection is confidential, is not subject to disclosure under

the Oklahoma Open Records Act, and shall not be disclosed to any

person except for purposes of this act or for law enforcement

purposes. The employee shall promptly respond to Department

inquiries regarding the status of an arraignment or indictment.

Reporting of an arraignment or indictment under this subsection may

be cause for leave without pay, placement under direct supervision,

restriction from direct patient access, termination, or denial of

employment.

T. 1. Any individual who has been disqualified from or denied

employment by an employer pursuant to this section may file an

appeal with the Department within thirty (30) days of the receipt of

the notice of disqualification, if the applicant believes that the

criminal history report is inaccurate or that consideration of the

passage of time, extenuating circumstances, demonstration of

rehabilitation, or relevancy of the particular disqualifying

information with respect to the current or proposed employment of

the individual merits a waiver of the disqualification or employment

denial.

2. The Department shall specify in rule the criteria for

issuing a waiver of the disqualification or employment denial. The

criteria shall include consideration of the passage of time,

extenuating circumstances, demonstration of rehabilitation, and

relevancy of the particular disqualifying information with respect

to the current or proposed employment of the individual.

3. The appeal shall be conducted as an individual proceeding

pursuant to the Administrative Procedures Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 745

U. An employer who has acted in good faith to comply with the

requirements of this section of law shall be immune from liability

in carrying out the provisions of this section.

V. The Department shall maintain an electronic web-based system

to assist employers, and nurse aide scholarship programs, required

to check relevant registries and conduct criminal history record

checks of its prospective students, employees, independent

contractors, and those to whom the employer would grant clinical

privileges. The employer shall maintain the status of the

employment, contract, or privileges in the system, and the

Department shall provide for an automated notice to employers for

those employees, independent contractors, and those granted clinical

privileges, who, since the initial check, have been convicted of a

disqualifying offense or have been the subject of a substantiated

finding on a relevant registry.

W. The Department is authorized to obtain any criminal history

records maintained by the Bureau and FBI which the Department is

required or authorized to request by the provisions of this section.

X. There is hereby created in the State Treasury a revolving

fund for the Department to be designated the “Oklahoma National

Background Check Fund”. The fund shall be a continuing fund, not

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

received by the Department from employers and administrative fees

collected pursuant to this section. Screening and administrative

fees collected pursuant to this section shall be deposited into the

fund. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Department for

the following purposes:

1. Obtaining available Medicaid funds for screening,

fingerprinting, the cost of criminal history records obtained from

the Bureau and FBI, and program administration;

2. Reimbursement of fingerprint collection vendors;

3. Reimbursement to the Bureau and FBI for criminal history

records; and

4. Administrative and other applicable expenses of the

Department related to the background check program.

Y. The Department is authorized to phase in implementation of

subsections D through V of this section by category of employer.

The State Board of Health shall promulgate rules prescribing

effective dates and procedures for the implementation of a national

criminal history record check for the employers and nurse aide

scholarship programs defined in Section 1-1945 of this title. Said

dates may be staggered to facilitate implementation of the

requirements of this section.

Z. On or before November 1, 2015, the Department shall submit a

written report to the Legislature detailing the fee collections and

costs for the previous three (3) years and revolving fund

Oklahoma Statutes - Title 63. Public Health and Safety Page 746

projections for the next five (5) years. A plan shall be provided

to cover the costs of the criminal history checks required under

this section if funding is inadequate to cover the costs of the

criminal history checks required under this section after November

1, 2020.
Okla. Stat. tit. 63, § 63-1-225 — OK Code / Title 63 / Section 63-1-225
Repeal of constitutional levy
Status: repealed

An election on a proposed repeal of a levy previously approved

pursuant to the two preceding sections shall be called and held in

the same manner as required for an election on approval of a levy;

and the county excise board shall be notified if the levy is

repealed.
Okla. Stat. tit. 63, § 63-3090.3 — OK Code / Title 63 / Section 63-3090.3
Nondiscrimination in treatment
Status: in_force

A. A health care provider shall not deny to a patient a life-

preserving health care service the provider provides to other

patients, and the provision of which is directed by the patient or a

person legally authorized to make health care decisions for the

patient:

1. On the basis of a view that treats extending the life of an

elderly, disabled, or terminally ill individual as of lower value

than extending the life of an individual who is younger,

nondisabled, or not terminally ill; or

2. On the basis of disagreement with how the patient or person

legally authorized to make health care decisions for the patient

values the trade-off between extending the length of the patient's

life and the risk of disability.

B. In an action pursuant to this act, if the plaintiff pleads a

prima facie case, the health care provider may defend his or her or

its actions by pleading a legitimate, nondiscriminatory reason or

reasons that provided a basis for the denial of treatment, subject

to an opportunity for the plaintiff to plead that the reason or

reasons for the denial of treatment are discriminatory in their

application.
Okla. Stat. tit. 63, § 63-1-1132 — OK Code / Title 63 / Section 63-1-1132
Warehousemen
Status: in_force

Persons who own or operate frozen food locker plants or branch

locker plants shall not be construed to be warehousemen, nor shall

receipts or other instruments issued by such persons in the ordinary

conduct of their business be construed to be negotiable warehouse

receipts.
Okla. Stat. tit. 63, § 63-2662 — OK Code / Title 63 / Section 63-2662
Rules and regulations
Status: in_force

The State Board of Health shall adopt such reasonable rules,

regulations and standards as are necessary to insure that the

quality of medical care in ambulatory surgical centers is the same

as that required in hospitals licensed in the State of Oklahoma.
Okla. Stat. tit. 63, § 63-3240.1 — OK Code / Title 63 / Section 63-3240.1
Short title
Status: in_force

This act shall be known and may be cited as the “Community

Hospitals Authority Act”.
Okla. Stat. tit. 63, § 63-948.1 — OK Code / Title 63 / Section 63-948.1
Fee schedule - Exemptions
Status: in_force

A. The Board of Medicolegal Investigations may establish a fee

schedule for forensic services, permits and reports rendered to

members of the public and other agencies.

1. No fee schedule may be established or amended by the Board

except during a regular legislative session. The Board shall comply

with the Administrative Procedures Act for adoption of rules and

establishing or amending any such fee schedule.

2. Except as otherwise specified in this section, the Board

shall charge fees only within the following ranges:

a. permit for cremations that occur within the state:

Two Hundred Dollars ($200.00) to Two Hundred Seventy-

five Dollars ($275.00),

b. forensic science service: One Hundred Dollars

($100.00) to Three Thousand Dollars ($3,000.00),

c. report copies: Ten Dollars ($10.00) for report of

investigation, including toxicology, and Twenty

Dollars ($20.00) for an autopsy report, including

toxicology,

d. x-rays: Fifteen Dollars ($15.00) each,

e. microscopic slides, Hematoxylin, and Eosin (H&E): Ten

Dollars ($10.00) each,

f. special stains: Fifteen Dollars ($15.00) each, and

g. photographs: Twenty-five Dollars ($25.00) per compact

disc (CD) or other suitable digital storage media.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1298

3. Medical examiner permit certificates shall be required in

cases investigated solely for the purpose of issuing a permit for

transporting a body out of state.

4. The Board of Medicolegal Investigations shall charge a fee

for an investigation and issuance of an out-of-state transport

permit for human remains.

5. An out-of-state transport permit and cremation permit shall

both be required for bodies containing body parts sent out of state

or out of country, while remaining body parts remain unused.

B. The Board shall base the fee schedule for forensic science

services, permits and reports upon reasonable costs of review,

investigation and forensic science service delivery; provided,

however, the fee schedule shall be within the ranges specified in

subsection A of this section. The Board shall continue a system of

basic and continuing educational service and training for all

personnel who render forensic science services in order to ensure

uniform statewide application of the rules of the Board. The Board

shall consider the reasonable costs associated with such training

and continuing education in setting the forensic science service

fees.

C. The Board may exempt by rule any agency or class of

individuals from the requirements of the fee schedule if the Board

determines that the fees would cause an unreasonable economic

hardship or would otherwise hinder or conflict with an agency’s

responsibilities.

D. All statutory fees currently in effect for permits or

forensic science services administered by the Chief Medical Examiner

and the Board of Medicolegal Investigations within the jurisdiction

of the Office of the Chief Medical Examiner shall remain in effect

until such time as the Board acts to implement new schedules

pursuant to the provisions of this section and Section 948 of this

title.
Okla. Stat. tit. 63, § 63-1-818.28 — OK Code / Title 63 / Section 63-1-818.28
Renumbered as § 1430.28 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-222.4 — OK Code / Title 63 / Section 63-1-222.4
Screening of minors to avoid duplication of services
Status: in_force

In order to avoid duplication of services between the community

mental health centers funded by the Department of Mental Health and

Substance Abuse Services and the child guidance centers funded by

Oklahoma Statutes - Title 63. Public Health and Safety Page 116

the State Department of Health, minors shall be screened by the

child guidance centers and referred to the most appropriate service

provider.
Okla. Stat. tit. 63, § 63-685.10 — OK Code / Title 63 / Section 63-685.10
Removal of successors
Status: in_force

Until such time as the persons designated as emergency interim

successors or special emergency judges are authorized to exercise

the powers and discharge the duties of an office in accordance with

this act, including Section 9 hereof, said persons may be removed or

replaced by said designating authority at any time, with or without

cause.
Okla. Stat. tit. 63, § 63-1-2053 — OK Code / Title 63 / Section 63-1-2053
Renumbered as § 2-11-204 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-3241.5 — OK Code / Title 63 / Section 63-3241.5
Supplemental hospital offset payment program
Status: in_force

A. The supplemental hospital offset payment program fee is to

supplement, not supplant, appropriations to support hospital

reimbursement. If Medicaid payment rates to providers are adjusted,

hospital rates shall not be adjusted less favorably than the average

percentage-rate reduction or increase applicable to the majority of

other provider groups.

B. Notwithstanding any other provision of the Supplemental

Hospital Offset Payment Program Act, if, after receipt of

authorization to receive federal matching funds for monies generated

by the Supplemental Hospital Offset Payment Program Act, the

authorization is withdrawn or changed so that federal matching funds

are no longer available, the Oklahoma Health Care Authority shall

cease collecting the provider fee and shall repay to the hospitals

any money received by the Supplemental Hospital Offset Payment

Program Fund that is not subject to federal matching funds.
Okla. Stat. tit. 63, § 63-2-107a — OK Code / Title 63 / Section 63-2-107a
Bureau of Narcotics Drug Education Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control to be designated the “Bureau of Narcotics Drug Education

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

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

pursuant to subsection F of Section 1313.2 of Title 20 of the

Oklahoma Statutes. All monies accruing to the credit of the fund

are hereby appropriated and may be budgeted and expended by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control for

purposes relating to drug education and information in the State of

Oklahoma.
Okla. Stat. tit. 63, § 63-1-705 — OK Code / Title 63 / Section 63-1-705
Rules and standards - Inspection - Application of other
Status: in_force

laws - Community-based programs and services to be provided.

A. The State Board of Health, upon recommendation of the State

Commissioner of Health and with the advice of the Oklahoma Hospital

Advisory Council hereinafter provided for, shall promulgate rules

and standards for the construction and operation of hospitals, for

which licenses are required by the terms of this article, to provide

for the proper care of patients. The promulgation of rules shall be

subject to and be governed by the provisions of the Administrative

Procedures Act.

B. Every hospital shall be periodically inspected by an

authorized representative of the Commissioner. Reports of such

inspections shall be on forms prescribed by the Commissioner, who

shall, after receipt of such reports, take such action as deemed

necessary by the Commission to have corrected any deficiencies or

violations of the rules and standards of the Board shown in such

reports.

C. Hospitals licensed pursuant to the provisions of this

article shall not be exempt from being inspected or licensed under

Oklahoma Statutes - Title 63. Public Health and Safety Page 269

laws relating to hotels, restaurants, lodging houses, boarding

houses and places of refreshment.

D. 1. Every hospital that offers or provides inpatient

psychiatric or chemical dependency treatment services to persons

eighteen (18) years of age or younger shall offer, provide or

otherwise make available community-based programs and services and

may make such programs and services available directly, through

contract, or other appropriate means as determined by the State

Department of Health.

2. For the purposes of this subsection the term "community-

based services" shall have the same meaning as such term is defined

by Section 1-1-105 of Title 10A of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-751 — OK Code / Title 63 / Section 63-1-751
Short title - Humanity of the Unborn Child Act
Status: in_force

This act shall be known and may be cited as the "Humanity of the

Unborn Child Act".
Okla. Stat. tit. 63, § 63-1-1949.7 — OK Code / Title 63 / Section 63-1-1949.7
Independent informal dispute resolution process
Status: in_force

A. The Department shall give a long-term care administrator who

the Department has determined, upon investigation, has violated the

provisions of this act an opportunity to participate in an

independent informal dispute resolution process of the case in

accordance with this section. The Department may contract with a

third-party vendor to provide the independent informal dispute

resolution.

B. The administrator shall make a written request to the

Department to participate in an informal dispute resolution. Upon

receipt of such request, the Department shall:

1. Refer the case to the informal dispute resolution provider,

if the Department contracts with a third-party vendor as described

in subsection A of this section, and the informal dispute resolution

provider shall:

a. schedule a time and date for an informal dispute

resolution meeting and inform the parties of such time

and date, and

b. appoint an impartial decision-making panel to conduct

the informal dispute resolution as provided by

subsection C of this section; or

2. If the Department does not contract with a third-party

vendor as described in subsection A of this section, the Department

shall:

a. schedule a time and date for an informal dispute

resolution meeting and inform the parties of such time

and date, and

b. appoint an impartial decision-making panel to conduct

the informal dispute resolution as provided by

subsection C of this section.

C. The impartial decision-making panel shall be a group of six

(6) individuals who meet the following criteria:

1. Three members shall be impartial volunteers who have

experience in the operation of the same type of long-term facility

as the administrator who is the subject of the complaint. Such

Oklahoma Statutes - Title 63. Public Health and Safety Page 755

volunteers may include, but not be limited to, an administrator,

assistant administrator, owner, operator, director of nursing, or

compliance executive of an appropriate long-term care facility, but

shall not include any person with a direct financial interest in any

facility that employs or contracts with the administrator who is the

subject of the complaint; and

2. Three members shall be persons representing the aging or

disabled community, as appropriate for the type of long-term

facility whose administrator is the subject of the complaint.

D. Each party shall submit to the impartial decision-making

panel all documentary evidence that the party believes has a bearing

on or relevance to the violation or violations alleged by the

Department in the complaint.

E. The Department shall present initial arguments. The

administrator shall then present his or her arguments. The informal

dispute resolution shall be limited to no more than two (2) hours in

length, with each party being permitted one (1) hour to present its

arguments; however, the impartial decision-making panel may grant

each party additional equal time for good cause as determined by the

impartial decision-making panel.

F. Rules of evidence or procedure shall not apply to the

informal dispute resolution except as provided in this section. The

impartial decision-making panel may:

1. Accept any information that the impartial decision-making

panel deems material to the issue being presented; and

2. Reject any information that the impartial decision-making

panel deems immaterial to the issue being presented.

G. The informal dispute resolution may not be recorded;

however, the impartial decision-making panel may make written or

recorded notes of the arguments.

H. 1. Only employees of or health care providers contracted by

the facility where the administrator who is the subject of the

complaint is employed may appear or participate in the informal

dispute resolution on behalf of the administrator, except that the

administrator may call one character witness to appear and testify

on his or her behalf.

2. Only employees of the Department may appear or participate

at the meeting for, or on behalf of, the Department for the purpose

of presenting arguments. In addition to such employees, one or more

employees of the Department may provide technical assistance to the

impartial decision-making panel at the panel’s request. Any

employee of the Department who participates in the informal dispute

resolution process as described in this paragraph shall have no

current involvement in long-term care facility surveys including but

not limited to the informal dispute resolution process described in

Section 1-1914.3 et seq. of Title 63 of the Oklahoma Statutes or the

alternative informal dispute resolution process described in Section

Oklahoma Statutes - Title 63. Public Health and Safety Page 756

1-1914.11 et seq. of Title 63 of the Oklahoma Statutes for long-term

care facilities.

3. The State Long-Term Care Ombudsman or designee may appear at

or participate in the informal dispute resolution.

4. No party may be represented by an attorney in the informal

dispute resolution.

I. The informal dispute resolution process is limited to

violations alleged by the Department in the complaint. If the

impartial decision-making panel finds that matters not subject to

the informal dispute resolution are presented, the impartial

decision-making panel shall strike all documentary evidence related

to or presented for the purpose of disputing the matter not subject

to the informal dispute resolution. The impartial decision-making

panel may not include in the statement of findings described in

subsection J of this section any matter not subject to the informal

dispute resolution.

J. Upon the conclusion of all arguments by the parties at the

informal dispute resolution, the impartial decision-making panel

shall issue a written statement of findings, which shall be provided

to all parties and which shall include:

1. A summary of any alleged violations;

2. A statement of whether the impartial decision-making panel

agrees that the alleged violation or violations occurred;

3. The facts and persuasive arguments that support the finding

of the impartial decision-making panel for each alleged violation;

and

4. A recommendation on appropriate disciplinary action against

the administrator, if any.

K. If the impartial decision-making panel cannot reach a

majority decision on the findings of the informal dispute resolution

as described in subsection J of this section, the State Commissioner

of Health may intervene for the purpose of breaking a tie.

L. The Department shall review the findings of the impartial

decision-making panel and shall take such findings into

consideration when determining whether to pursue further

disciplinary action against the administrator.
Okla. Stat. tit. 63, § 63-1-1301.34 — OK Code / Title 63 / Section 63-1-1301.34
Separate display
Status: in_force

A. Mello-drink products shall not be displayed for sale in the

same units or counters as used for milk products, unless there is a

partition separating said products. In no event shall Mello-drink

products be intermixed or commingled with milk products, but shall

be separately displayed.

B. Units or counters containing Mello-drink products or milk

products shall be clearly labeled to avoid confusion.
Okla. Stat. tit. 63, § 63-3101.7 — OK Code / Title 63 / Section 63-3101.7
Qualified patient - Determination - Record
Status: in_force

The determination of the attending physician and another

physician that the patient is a qualified patient shall become a

part of the patient's medical record.
Okla. Stat. tit. 63, § 63-2-325 — OK Code / Title 63 / Section 63-2-325
Annulment, suspension, or revocation of license or
Status: in_force

permit – Grounds - Order to show cause - Administrative proceedings

- Suspension without order to show cause.

A. A license or permit, obtained pursuant to Section 2-323 or

2-324 of this title, shall be annulled, suspended, or revoked by the

Director upon finding that the licensee or permit holder has:

1. Materially falsified any application filed pursuant to

Section 2-321 et seq. of this title or required by the Precursor

Substances Act;

2. Been convicted of a misdemeanor relating to any precursor

substance defined in Section 2-322 of this title or any felony under

the laws of this state or the United States; or

3. Failed to maintain effective controls against the diversion

of the precursors to unauthorized persons or entities.

B. Before annulling, suspending, or revoking a license or

permit, the Director shall cause to be served upon the licensee or

permit holder an order to show cause why a license or a permit

should not be annulled, suspended, or revoked. The order to show

cause shall contain a statement of the basis therefor and shall call

upon the licensee or permit holder to appear before the appropriate

person or agency at the time and place within sixty (60) days after

the date of service of the order. The proceedings shall be

conducted in accordance with the Administrative Procedures Act

without regard to any criminal prosecution or other proceeding.

Nothing in this section shall be construed so as to require an

individual proceeding for the denial of a new license or permit.

C. The Director shall suspend, without an order to show cause,

any license or permit simultaneously with the institution of

proceedings described in subsection B of this section if the

Director finds there is imminent danger to the public health or

safety which warrants this action. The suspension shall continue in

effect until the conclusion of the proceedings, including judicial

review thereof, unless withdrawn by the Director or dissolved by a

court of competent jurisdiction.Oklahoma Statutes - Title 63. Public Health and Safety Page 31
Okla. Stat. tit. 63, § 63-1-1961 — OK Code / Title 63 / Section 63-1-1961
Definitions
Status: in_force

As used in the Home Care Act:

1. “Board” means the State Board of Health;

2. “Certification” means verification of appropriate training

and competence established by the State Commissioner of Health by

rules promulgated pursuant to the Home Care Act for home health

aides and home care agency administrators;

3. “Department” means the State Department of Health;

4. “Health care provider” means a physician, physician

assistant or Advanced Practice Registered Nurse recognized by the

Oklahoma Board of Nursing as a Certified Nurse Practitioner or a

Clinical Nurse Specialist;

5. “Home care agency” means any sole proprietorship,

partnership, association, corporation or other organization which

administers, offers or provides home care services, for a fee or

pursuant to a contract for such services, to clients in their place

of residence. The term home care agency shall not include:

a. individuals who contract with the Department of Human

Services to provide personal care services, provided

such individuals shall not be exempt from

certification as home health aides,

b. organizations that contract with the Oklahoma Health

Care Authority as intermediary services organizations

(ISOs) to provide federal Internal Revenue Service

fiscal and supportive services to Oklahoma Consumer-

Directed Personal Assistance Services and Supports

(CD-PASS) waiver program participants who have

employer responsibility for hiring, training,

directing and managing an individual personal care

attendant,

c. CD-PASS waiver program employer participants, or

Oklahoma Statutes - Title 63. Public Health and Safety Page 781

d. PACE organizations as defined by 42 C.F.R., Section

460.6;

6. “Home care services” means skilled or personal care services

provided to clients in their place of residence for a fee;

7. “Home health aide” means an individual who provides personal

care to clients in their temporary or permanent place of residence

for a fee;

8. “Home care agency administrator” means a person who

operates, manages, supervises, or is in charge of a home care

agency;

9. “Personal care” means assistance with dressing, bathing,

ambulation, exercise or other personal needs;

10. “Skilled care” means home care services performed on a

regular basis by:

a. a trained respiratory therapist/technician,

b. a person currently licensed by this state including

but not limited to a Licensed Practical Nurse,

Registered Nurse, physical therapist, occupational

therapist, speech therapist, or social worker, or

c. for the exclusive purpose of the program established

under Section 1 of this act and subject to the scope

of practice standards and restrictions established by

the Authority under Section 1 of this act, a family

member of a Medicaid enrollee who is recognized by the

Authority as a family caregiver;

11. “Standby assistance” means supervision of client directed

activities with verbal prompting and infrequent, incidental hands-on

intervention only; and

12. “Supportive home assistant” means an individual employed by

a home care agency who provides standby assistance to ambulatory

clients, in conjunction with other companionship or homemaker

services, in the temporary or permanent place of residence of the

client for a fee.
Okla. Stat. tit. 63, § 63-476 — OK Code / Title 63 / Section 63-476
Isolation of prisoners having contagious disease - Jail
Status: in_force

construction.

It shall be the duty of officials who construct jails, city

prisons or holdovers to provide a room for the segregation of

prisoners who may be found to have a contagious disease. R.L. 1910

Sec. 6982.
Okla. Stat. tit. 63, § 63-3294 — OK Code / Title 63 / Section 63-3294
Emergency Medicine Revolving Fund
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1597

There is hereby created in the State Treasury a revolving fund

for the Oklahoma State University Medical Trust to be designated the

"Emergency Medicine Revolving Fund". The fund shall be a continuing

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

all monies received by the Oklahoma State University Medical Trust

from appropriations. All monies accruing to the credit of said fund

are hereby appropriated and may be budgeted and expended by the

Oklahoma State University Medical Trust for the purpose of training

students within an American College of Surgeons Level I Trauma

Center or centers operated by the Oklahoma State University Medical

Trust or an affiliated entity approved by the Trust. Expenditures

from said fund shall be made upon warrants issued by the State

Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 63, § 63-689.1 — OK Code / Title 63 / Section 63-689.1
Renumbered as § 4-2-102 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1814 — OK Code / Title 63 / Section 63-1-1814
Renumbered as § 2-5-113 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-427.2v1 — OK Code / Title 63 / Section 63-427.2v1
Definitions
Status: in_force

As used in the Oklahoma Medical Marijuana and Patient Protection

Act:

1. “Advertising” means the act of providing consideration for

the publication, dissemination, solicitation, or circulation, of

visual, oral, or written communication to induce directly or

indirectly any person to patronize a particular medical marijuana

business, or to purchase particular medical marijuana or a medical

marijuana product. Advertising includes marketing, but does not

include packaging and labeling;

2. “Authority” means the Oklahoma Medical Marijuana Authority;

3. “Batch number” means a unique numeric or alphanumeric

identifier assigned prior to testing to allow for inventory tracking

and traceability;

4. “Cannabinoid” means any of the chemical compounds that are

active principles of marijuana;

5. “Caregiver” means a family member or assistant who regularly

looks after a medical marijuana patient license holder whom a

physician attests needs assistance;

6. “Child-resistant” means special packaging that is:

a. designed or constructed to be significantly difficult

for children under five (5) years of age to open and

not difficult for normal adults to use properly as

defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.

1700.20 (1995), and

b. resealable to maintain its child-resistant

effectiveness for multiple openings for any product

intended for more than a single use or containing

multiple servings;

7. “Clone” means a nonflowering plant cut from a mother plant

that is capable of developing into a new plant and has shown no

signs of flowering;

8. “Complete application” means a document prepared in

accordance with the provisions set forth in the Oklahoma Medical

Marijuana and Patient Protection Act, rules promulgated pursuant

thereto, and the forms and instructions provided by the Oklahoma

Medical Marijuana Authority including any supporting documentation

required and the applicable license application fee;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1116

9. “Director” means the Executive Director of the Oklahoma

Medical Marijuana Authority;

10. “Dispense” means the selling of medical marijuana or a

medical marijuana product to a qualified patient or the designated

caregiver of the patient that is packaged in a suitable container

appropriately labeled for subsequent administration to or use by a

qualifying patient;

11. “Dispensary” means a medical marijuana dispensary, an

entity that has been licensed by the Authority pursuant to the

Oklahoma Medical Marijuana and Patient Protection Act to purchase

medical marijuana or medical marijuana products from a licensed

medical marijuana commercial grower or licensed medical marijuana

processor, to prepare and package noninfused pre-rolled medical

marijuana, and to sell medical marijuana or medical marijuana

products to licensed patients and caregivers as defined in this

section, or sell or transfer products to another licensed

dispensary;

12. “Edible medical marijuana product” means any medical-

marijuana-infused product for which the intended use is oral

consumption including, but not limited to, any type of food, drink

or pill;

13. “Entity” means an individual, general partnership, limited

partnership, limited liability company, trust, estate, association,

corporation, cooperative or any other legal or commercial entity;

14. “Flower” means the reproductive organs of the marijuana or

cannabis plant referred to as the bud or parts of the plant that are

harvested and used for consumption in a variety of medical marijuana

products;

15. “Flowering” means the reproductive state of the marijuana

or cannabis plant in which there are physical signs of flower or

budding out of the nodes of the stem;

16. “Exit package” means an opaque bag that is provided at the

point of sale in which pre-packaged medical marijuana is placed;

17. “Food-based medical marijuana concentrate” means a medical

marijuana concentrate that was produced by extracting cannabinoids

from medical marijuana through the use of propylene glycol,

glycerin, butter, olive oil, coconut oil or other typical food-safe

cooking fats;

18. “Harvest batch” means a specifically identified quantity of

medical marijuana that is uniform in strain, cultivated utilizing

the same cultivation practices, harvested at the same time from the

same location and cured under uniform conditions;

19. “Harvested marijuana” means postflowering medical marijuana

not including trim, concentrate or waste;

20. “Heat- or pressure-based medical marijuana concentrate”

means a medical marijuana concentrate that was produced by

Oklahoma Statutes - Title 63. Public Health and Safety Page 1117

extracting cannabinoids from medical marijuana through the use of

heat or pressure;

21. “Immature plant” means a nonflowering marijuana plant that

has not demonstrated signs of flowering;

22. “Inventory tracking system” means the required tracking

system that accounts for the entire life span of medical marijuana

and medical marijuana products including any testing samples thereof

and medical marijuana waste;

23. “Licensed patient” or “patient” means a person who has been

issued a medical marijuana patient license by the Oklahoma Medical

Marijuana Authority;

24. “Licensed premises” means the premises specified in an

application for a medical marijuana business license, medical

marijuana research facility license or medical marijuana education

facility license pursuant to the Oklahoma Medical Marijuana and

Patient Protection Act that are owned or in possession of the

licensee and within which the licensee is authorized to cultivate,

manufacture, distribute, sell, store, transport, test or research

medical marijuana or medical marijuana products in accordance with

the provisions of the Oklahoma Medical Marijuana and Patient

Protection Act and rules promulgated pursuant thereto;

25. “Manufacture” means the production, propagation,

compounding or processing of a medical marijuana product, excluding

marijuana plants, either directly or indirectly by extraction from

substances of natural or synthetic origin, or independently by means

of chemical synthesis, or by a combination of extraction and

chemical synthesis;

26. “Marijuana” shall have the same meaning as such term is

defined in Section 2-101 of this title and shall not include any

plant or material containing delta-8 or delta 10

tetrahydrocannabinol which is grown, processed, or sold pursuant to

the provisions of the Oklahoma Industrial Hemp Program;

27. “Material change” means any change that would affect the

qualifications for licensure of an applicant or licensee;

28. “Mature plant” means a harvestable female marijuana plant

that is flowering;

29. “Medical marijuana business (MMB)” means a licensed medical

marijuana dispensary, medical marijuana processor, medical marijuana

commercial grower, medical marijuana laboratory, medical marijuana

business operator or a medical marijuana transporter;

30. “Medical marijuana concentrate” or “concentrate” means a

specific subset of medical marijuana that was produced by extracting

cannabinoids from medical marijuana. Categories of medical

marijuana concentrate include water-based medical marijuana

concentrate, food-based medical marijuana concentrate, solvent-based

medical marijuana concentrate, and heat- or pressure-based medical

marijuana concentrate;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1118

31. “Medical marijuana commercial grower” or “commercial

grower” means an entity licensed to cultivate, prepare and package

medical marijuana or package medical marijuana as pre-rolls, and

transfer or contract for transfer medical marijuana and medical

marijuana pre-rolls to a medical marijuana dispensary, medical

marijuana processor, any other medical marijuana commercial grower,

medical marijuana research facility or medical marijuana education

facility. A commercial grower may sell seeds, flower or clones to

commercial growers pursuant to the Oklahoma Medical Marijuana and

Patient Protection Act;

32. “Medical marijuana education facility” or “education

facility” means a person or entity approved pursuant to the Oklahoma

Medical Marijuana and Patient Protection Act to operate a facility

providing training and education to individuals involving the

cultivation, growing, harvesting, curing, preparing, packaging or

testing of medical marijuana, or the production, manufacture,

extraction, processing, packaging or creation of medical-marijuana-

infused products or medical marijuana products as described in the

Oklahoma Medical Marijuana and Patient Protection Act;

33. “Medical-marijuana-infused product” means a product infused

with medical marijuana including, but not limited to, edible

products, ointments and tinctures;

34. “Medical marijuana product” or “product” means a product

that contains cannabinoids that have been extracted from plant

material or the resin therefrom by physical or chemical means and is

intended for administration to a qualified patient including, but

not limited to, oils, tinctures, edibles, pills, topical forms,

gels, creams, vapors, patches, liquids, and forms administered by a

nebulizer, excluding live plant forms which are considered medical

marijuana;

35. “Medical marijuana processor” means a person or entity

licensed pursuant to the Oklahoma Medical Marijuana and Patient

Protection Act to operate a business including the production,

manufacture, extraction, processing, packaging or creation of

concentrate, medical-marijuana-infused products or medical marijuana

products as described in the Oklahoma Medical Marijuana and Patient

Protection Act;

36. “Medical marijuana research facility” or “research

facility” means a person or entity approved pursuant to the Oklahoma

Medical Marijuana and Patient Protection Act to conduct medical

marijuana research. A medical marijuana research facility is not a

medical marijuana business;

37. “Medical marijuana testing laboratory” or “laboratory”

means a public or private laboratory licensed pursuant to the

Oklahoma Medical Marijuana and Patient Protection Act to conduct

testing and research on medical marijuana and medical marijuana

products;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1119

38. “Medical marijuana transporter” or “transporter” means a

person or entity that is licensed pursuant to the Oklahoma Medical

Marijuana and Patient Protection Act. A medical marijuana

transporter does not include a medical marijuana business that

transports its own medical marijuana, medical marijuana concentrate

or medical marijuana products to a property or facility adjacent to

or connected to the licensed premises if the property is another

licensed premises of the same medical marijuana business;

39. “Medical marijuana waste” or “waste” means unused, surplus,

returned or out-of-date marijuana, plant debris of the plant of the

genus Cannabis including dead plants and all unused plant parts,

except the term shall not include roots, stems, stalks and fan

leaves;

40. “Medical use” means the acquisition, possession, use,

delivery, transfer or transportation of medical marijuana, medical

marijuana products, medical marijuana devices or paraphernalia

relating to the administration of medical marijuana to treat a

licensed patient;

41. “Mother plant” means a marijuana plant that is grown or

maintained for the purpose of generating clones, and that will not

be used to produce plant material for sale to a medical marijuana

processor or medical marijuana dispensary;

42. “Oklahoma physician” or “physician” means a 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;

43. “Oklahoma resident” means an individual who can provide

proof of residency as required by the Oklahoma Medical Marijuana and

Patient Protection Act;

44. “Owner” means, except where the context otherwise requires,

a direct beneficial owner including, but not limited to, all persons

or entities as follows:

a. all shareholders owning an interest of a corporate

entity and all officers of a corporate entity,

b. all partners of a general partnership,

c. all general partners and all limited partners that own

an interest in a limited partnership,

d. all members that own an interest in a limited

liability company,

e. all beneficiaries that hold a beneficial interest in a

trust and all trustees of a trust,

f. all persons or entities that own interest in a joint

venture,

g. all persons or entities that own an interest in an

association,

h. the owners of any other type of legal entity, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1120

i. any other person holding an interest or convertible

note in any entity which owns, operates or manages a

licensed facility;

45. “Package” or “packaging” means any container or wrapper

that may be used by a medical marijuana business to enclose or

contain medical marijuana;

46. “Person” means a natural person, partnership, association,

business trust, company, corporation, estate, limited liability

company, trust or any other legal entity or organization, or a

manager, agent, owner, director, servant, officer or employee

thereof, except that person does not include any governmental

organization;

47. “Pesticide” means any substance or mixture of substances

intended for preventing, destroying, repelling or mitigating any

pest or any substance or mixture of substances intended for use as a

plant regulator, defoliant or desiccant, except that the term

pesticide shall not include any article that is a “new animal drug”

as designated by the United States Food and Drug Administration;

48. “Production batch” means:

a. any amount of medical marijuana concentrate of the

same category and produced using the same extraction

methods, standard operating procedures and an

identical group of harvest batch of medical marijuana,

or

b. any amount of medical marijuana product of the same

exact type, produced using the same ingredients,

standard operating procedures and the same production

batch of medical marijuana concentrate;

49. “Public institution” means any entity established or

controlled by the federal government, state government, or a local

government or municipality including, but not limited to,

institutions of higher education or related research institutions;

50. “Public money” means any funds or money obtained by the

holder from any governmental entity including, but not limited to,

research grants;

51. “Recommendation” means a document that is signed or

electronically submitted by a physician on behalf of a patient for

the use of medical marijuana pursuant to the Oklahoma Medical

Marijuana and Patient Protection Act;

52. “Registered to conduct business” means a person that has

provided proof that the business applicant or licensee is in good

standing with the Secretary of State;

53. “Remediation” means the process by which a harvest batch or

production batch that fails testing undergoes a procedure to remedy

the harvest batch or production batch and is retested in accordance

with state laws, rules and regulations;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1121

54. “Research project” means a discrete scientific endeavor to

answer a research question or a set of research questions related to

medical marijuana and is required for a medical marijuana research

license. A research project shall include a description of a

defined protocol, clearly articulated goals, defined methods and

outputs, and a defined start and end date. The description shall

demonstrate that the research project will comply with all

requirements in the Oklahoma Medical Marijuana and Patient

Protection Act and rules promulgated pursuant thereto. All research

and development conducted by a medical marijuana research facility

shall be conducted in furtherance of an approved research project;

55. “Revocation” means the final decision by the Authority that

any license issued pursuant to the Oklahoma Medical Marijuana and

Patient Protection Act is rescinded because the individual or entity

does not comply with the applicable requirements set forth in the

Oklahoma Medical Marijuana and Patient Protection Act or rules

promulgated pursuant thereto;

56. “School” means a public or private elementary, middle or

high school, or technology center school which is primarily used for

classroom instruction. A homeschool, daycare or child-care facility

shall not be considered a school as used in the Oklahoma Medical

Marijuana and Patient Protection Act;

57. “Shipping container” means a hard-sided container with a

lid or other enclosure that can be secured in place. A shipping

container is used solely for the transport of medical marijuana,

medical marijuana concentrate, or medical marijuana products between

medical marijuana businesses, a medical marijuana research facility,

or a medical marijuana education facility;

58. “Solvent-based medical marijuana concentrate” means a

medical marijuana concentrate that was produced by extracting

cannabinoids from medical marijuana through the use of a solvent

approved by the Executive Director;

59. “State Question” means Oklahoma State Question No. 788,

Initiative Petition No. 412, approved by a majority vote of the

citizens of Oklahoma on June 26, 2018;

60. “Strain” means the name given to a particular variety of

medical marijuana that is based on a combination of factors which

may include, but is not limited to, botanical lineage, appearance,

chemical profile and accompanying effects. An example of a “strain”

would be “OG Kush” or “Pineapple Express”;

61. “THC” means tetrahydrocannabinol, which is the primary

psychotropic cannabinoid in marijuana formed by decarboxylation of

naturally tetrahydrocannabinolic acid, which generally occurs by

exposure to heat;

62. “Transporter agent” means a person who transports medical

marijuana or medical marijuana products as an employee of a licensed

medical marijuana business and holds a transporter agent license

Oklahoma Statutes - Title 63. Public Health and Safety Page 1122

specific to that business pursuant to the Oklahoma Medical Marijuana

and Patient Protection Act;

63. “Universal symbol” means the image established by the

Oklahoma Medical Marijuana Authority and made available to licensees

through its website indicating that the medical marijuana or the

medical marijuana product contains THC;

64. “Usable marijuana” means the dried leaves, flowers, oils,

vapors, waxes and other portions of the marijuana plant and any

mixture or preparation thereof, excluding seeds, roots, stems,

stalks and fan leaves; and

65. “Water-based medical marijuana concentrate” means a

concentrate that was produced by extracting cannabinoids from

medical marijuana through the use of only water, ice or dry ice.
Okla. Stat. tit. 63, § 63-1-1104 — OK Code / Title 63 / Section 63-1-1104
Violations - Punishment
Status: in_force

(a) Any person who violates any of the provisions of Section

1102 of this article shall be guilty of a misdemeanor, and shall on

conviction thereof be subject to imprisonment for not more than

thirty (30) days, or a fine of not more than One Hundred Dollars

($100.00), or both such imprisonment and fine; but if the violation

is committed after a conviction of such person under this section

has become final, such person shall be subject to imprisonment for

Oklahoma Statutes - Title 63. Public Health and Safety Page 573

not more than six (6) months, or a fine of not more than Five

Hundred Dollars ($500.00), or both such imprisonment and fine.

(b) No person shall be subject to the penalties of subsection

(a) of this section for having violated Section 1102(a) or (c) of

this article if he establishes a guaranty or undertaking signed by,

and containing the name and address of, the person residing in the

United States from whom he received in good faith the article, to

the effect that such article is not adulterated or misbranded within

the meaning of this article, designating this article.

(c) No publisher, radiobroadcast or television licensee, or

agency or medium for the dissemination of an advertisement, except

the manufacturer, packer, distributor, or seller of the article to

which a false advertisement relates, shall be liable under this

section by reason of the dissemination by him of such false

advertisement, unless he has refused on the request of the State

Commissioner of Health or his duly-authorized agent to furnish the

Commissioner the name and post office address of the manufacturer,

packer, distributor, seller, or advertising agency residing in the

United States who caused him to disseminate such advertisement.
Okla. Stat. tit. 63, § 63-684.10 — OK Code / Title 63 / Section 63-684.10
Reimbursement
Status: in_force

ARTICLE IX

Reimbursement

Any party state rendering aid in another state pursuant to this

compact shall be reimbursed by the party state 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 party state 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 party state

without charge or cost; and provided further, that any two or more

party states may enter into supplementary agreements establishing a

different allocation of costs among those states. Article VIII

expenses shall not be reimbursable under this article.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1245
Okla. Stat. tit. 63, § 63-1-746.10 — OK Code / Title 63 / Section 63-1-746.10
Severability
Status: in_force

If any one or more provision, section, subsection, sentence,

clause, phrase or word of this act or the application thereof to any

person or circumstance is found to be unconstitutional, the same is

hereby declared to be severable and the balance of this act shall

remain effective notwithstanding such unconstitutionality. The

Legislature hereby declares that it would have passed this act, and

each provision, section, subsection, sentence, clause, phrase or

word thereof, irrespective of the fact that any one or more

Oklahoma Statutes - Title 63. Public Health and Safety Page 426

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

declared unconstitutional.
Okla. Stat. tit. 63, § 63-1-757.16 — OK Code / Title 63 / Section 63-1-757.16
Severability
Status: in_force

If any one or more provisions, sections, subsections, sentences,

clauses, phrases or words of this act or the application thereof to

any person or circumstance is found to be unconstitutional, the same

is hereby declared to be severable and the balance of this act shall

remain effective notwithstanding such unconstitutionality. The

Legislature hereby declares that it would have passed this act, and

each provision, section, subsection, sentence, clause, phrase or

word thereof, irrespective of the fact that any one or more

provisions, sections, subsections, sentences, clauses, phrases or

words be declared unconstitutional.
Okla. Stat. tit. 63, § 63-683.24A — OK Code / Title 63 / Section 63-683.24A
Emergency Relief and Impacts Grant Program
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1236

A. There is hereby created a grant program at the Oklahoma

Department of Emergency Management and Homeland Security named the

"Emergency Relief and Impacts Grant Program".

B. The grant program shall be used to either:

1. Provide effective service delivery or administrative needs

to increase public sector capacity; or

2. Provide emergency relief from natural disasters or negative

economic impacts of natural disasters, including immediate needs.

C. The Oklahoma Department of Emergency Management and Homeland

Security may promulgate rules to administer the grant program. Such

rules shall be consistent with the provisions of the American Rescue

Plan Act of 2021, Public Law No. 117-2, Section 604, and guidance

from the United States Department of Treasury.
Okla. Stat. tit. 63, § 63-1072 — OK Code / Title 63 / Section 63-1072
Construction of bond provisions
Status: in_force

This act without reference to other statutes of the state shall

constitute full authority for the authorization and issuance of

bonds hereunder. No other law with regard to the authorization or

issuance of obligations or the deposit of the proceeds thereof that

requires a bond election or in any way impedes or restricts the

carrying out of the acts herein authorized to be done shall be

construed as applying to any proceedings taken hereunder or acts

done pursuant hereto.
Okla. Stat. tit. 63, § 63-1-901 — OK Code / Title 63 / Section 63-1-901
Definitions
Status: in_force

A. "Bottled water" means any water, including water to which

chemicals or other substances may have been added, which is placed

in bottles or other containers to be sold or offered for sale for

drinking, culinary or other domestic purposes involving a likelihood

of the water being ingested by human beings.

B. "Bottled water plant" means any place, premises, or

structure, including water supply, facilities and equipment, used in

the treatment or processing of the water or the filling of

containers in the preparation of bottled water.
Okla. Stat. tit. 63, § 63-1-756.5 — OK Code / Title 63 / Section 63-1-756.5
Drugs not to be provided in any school facility or
Status: in_force

state grounds.

Notwithstanding any other provision of this act or the laws of

this state, abortion-inducing drugs shall not be provided in any

school facility or on state grounds including, but not limited to,

elementary, secondary and institutions of higher education in this

state.
Okla. Stat. tit. 63, § 63-1-1920 — OK Code / Title 63 / Section 63-1-1920
Protection of resident's funds
Status: in_force

To protect each resident's funds, the facility or home:

1. Shall reserve a portion of each resident's monthly income,

in an amount not less than Twenty-five Dollars ($25.00), as a

personal needs allowance for use by the resident, or for use on

behalf of the resident by his guardian, or other representative

designated by the resident;

2. Shall at the time of admission, provide each resident, or

his representative, with a written statement explaining the

resident's rights regarding personal funds and listing the services

for which the resident will be charged, and obtain a signed

acknowledgment from each resident or his representative that he has

received the statement;

3. May accept funds from a resident for safekeeping and

managing, if the facility or home receives written authorization

from the resident or his guardian; such authorization shall be

attested to by a witness who has no pecuniary interest in the

facility or home or its operations, and who is not connected in any

way to facility or home personnel or the administrator in any manner

whatsoever;

4. Shall maintain and allow each resident and responsible party

access to a written record of all financial arrangements and

transactions involving the individual resident's funds;

5. Shall provide each resident, or his representative with a

written itemized statement on request, of all financial transactions

involving the resident's funds;

6. Shall keep any funds received from a resident for

safekeeping in an account separate from the facility's or home's

funds and shall maintain such funds as required by the Department of

Human Services and federal regulations;

7. Shall return to the resident, upon written request by the

resident or his guardian, if court-appointed, all or any part of the

resident's funds given the facility or home for safekeeping,

including the interest accrued from deposits;

8. Shall place any monthly allowance to which a resident is

entitled in that resident's personal account, or give it to the

resident, unless the facility or home has written authorization from

the resident or the resident's guardian or if the resident is a

minor, his parent, to handle it differently;

9. Unless otherwise provided by state law, upon the death of a

resident, shall provide the administrator or executor of the

resident's estate with a complete accounting of all the resident's

Oklahoma Statutes - Title 63. Public Health and Safety Page 707

personal property, including any funds of the resident being held by

the facility or home; and

10. If the facility or home is sold, shall provide the buyer

with a written verification by a public accountant of all residents'

monies and properties being transferred, and obtain a signed receipt

from the new owner.
Okla. Stat. tit. 63, § 63-1-823 — OK Code / Title 63 / Section 63-1-823
Transfer of ownership of home - Probationary license
Status: in_force

required - Notice of transfer.

Whenever ownership of a residential care home is transferred

from the person named in the application to another person who does

not have a current license for the home, the transferee must obtain

a probationary license as provided in Section 1-824 of this title.

1. The transferee shall notify the State Department of Health

of the transfer and apply for a license no less than thirty (30)

days prior to final transfer.

2. The transferor shall notify the Department of the transfer

no less than thirty (30) days prior to final transfer and shall

remain responsible for the operation of the home until such time as

a probationary license is issued to the transferee. The transferor

shall remain liable for all penalties assessed which are imposed for

violations occurring prior to transfer of ownership.

Oklahoma Statutes - Title 63. Public Health and Safety Page 476
Okla. Stat. tit. 63, § 63-1-1950.1 — OK Code / Title 63 / Section 63-1-1950.1
Definitions - Criminal history background check on
Status: in_force

certain persons to be offered employment.

A. For purposes of this section:

1. “Nurse aide” means any person who provides, for

compensation, nursing care or health-related services to residents

in a nursing facility, a specialized facility, a residential care

home, continuum of care facility, assisted living center, or an

adult day care center and who is not a licensed health professional.

Such term also means any person who provides such services to

individuals in their own homes as an employee or contract provider

of a home health or home care agency, or as a contract provider of

the Medicaid State Plan Personal Care Program;

2. “Employer” means any of the following facilities, homes,

agencies, or programs which are subject to the provision of this

section:

a. a nursing facility or specialized facility as such

terms are defined in the Nursing Home Care Act,

b. a residential care home as such term is defined by the

Residential Care Act,

c. an adult day care center as such term is defined in

the Adult Day Care Act,

d. an assisted living center as such term is defined by

the Continuum of Care and Assisted Living Act,

e. a continuum of care facility as such term is defined

by the Continuum of Care and Assisted Living Act,

f. a home health or home care agency,

g. the Department of Human Services, in its capacity as

an operator of any hospital or health care institution

Oklahoma Statutes - Title 63. Public Health and Safety Page 758

or as a contractor with providers under the Medicaid

State Plan Personal Care Program,

h. any facility operated by the Oklahoma Department of

Veterans Affairs, and

i. any facility approved and annually reviewed by the

United States Department of Veterans Affairs as a

medical foster home in which care is provided

exclusively to three or fewer veterans;

3. “Home health or home care agency” means any person,

partnership, association, corporation, or other organization which

administers, offers, or provides health care services or supportive

assistance for compensation to three or more ill, disabled, or

infirm persons in the temporary or permanent residence of such

persons, and includes any subunits or branch offices of a parent

home health or home care agency;

4. “Bureau” means the Oklahoma State Bureau of Investigation;

and

5. “Completion of the sentence” means the last day of the

entire term of the incarceration imposed by the sentence including

any term that is deferred, suspended, or subject to parole.

B. Before a nurse aide begins employment or a contract to

provide nursing care, health-related services, or supportive

assistance to any individual, the employer shall provide for a

criminal history background check to be made on the nurse aide

pursuant to the provisions of the Long-term Care Security Act. If

the employer is a facility, home, or institution which is part of a

larger complex of buildings, the requirement of a criminal history

background check shall apply only to an offer of employment or

contract made to a person who will work primarily in the immediate

boundaries of the facility, home, or institution.

Where the provisions of the Long-term Care Security Act

pertaining to registry screenings and national criminal history

record checks are not in effect pending an effective date

established in rulemaking, an employer is authorized to obtain any

criminal history background records maintained by the Bureau

pursuant to the following:

1. The employer shall request the Bureau to conduct a criminal

history background check on the nurse aide and shall provide to the

Bureau any relevant information required by the Bureau to conduct

the check. The employer shall pay a fee of Fifteen Dollars ($15.00)

to the Bureau for each criminal history background check that is

conducted pursuant to such a request;

2. An employer may make an offer of temporary employment to a

nurse aide pending the results of the criminal history background

check. The employer in such instance shall provide to the Bureau

the name and relevant information relating to the person within

seventy-two (72) hours after the date the person accepts temporary

Oklahoma Statutes - Title 63. Public Health and Safety Page 759

employment. The employer shall not hire or contract with the nurse

aide on a permanent basis until the results of the criminal history

background check are received;

3. An employer may accept a criminal history background report

less than one (1) year old of a person to whom such employer makes

an offer of employment. The report shall be obtained from the

previous employer or contractor of such person and shall only be

obtained upon the written consent of such person; and

4. Every employer while subject to the provisions of this

subsection shall inform each applicant for employment, or each

prospective contract provider, as applicable, that the employer is

required to obtain a criminal history background record before

making an offer of permanent employment or contract to a nurse aide.

C. 1. If the results of a criminal history background check

reveal that the subject person has been convicted of, pled guilty or

no contest to, or received a deferred sentence for, a felony or

misdemeanor offense for any of the following offenses in any state

or federal jurisdiction, the employer shall not hire or contract

with the person:

a. abuse, neglect, or financial exploitation of any

person entrusted to the care or possession of such

person,

b. rape, incest, sodomy, or any crime that resulted in

the person being registered on a sex offender registry

at any time,

c. child abuse,

d. murder or attempted murder,

e. manslaughter,

f. kidnapping,

g. human trafficking,

h. aggravated assault and battery,

i. assault and battery with a dangerous weapon, or

j. arson in the first degree.

2. If less than five (5) years have elapsed since the

completion of sentence, and the results of a criminal history check

reveal that the subject person has been convicted of, or pled guilty

or no contest to, a felony or misdemeanor offense for any of the

following offenses, in any state or federal jurisdiction, the

employer shall not hire or contract with the person:

a. assault,

b. battery,

c. indecent exposure and indecent exhibition, except

where such offense disqualifies the applicant as a

registered sex offender,

d. pandering,

e. burglary in the first or second degree,

f. robbery in the first or second degree,

Oklahoma Statutes - Title 63. Public Health and Safety Page 760

g. robbery or attempted robbery with a dangerous weapon,

or imitation firearm,

h. arson in the second degree,

i. unlawful manufacture, distribution, prescription, or

dispensing of a Schedule I through V drug as defined

by the Uniform Controlled Dangerous Substances Act,

j. grand larceny, or

k. petit larceny or shoplifting.

D. An employer shall not employ or continue employing a person

addicted to any Schedule I through V drug as specified by the

Uniform Controlled Dangerous Substances Act unless the person

produces evidence that the person has successfully completed a drug

rehabilitation program.

E. All employment eligibility determination records received by

the employer pursuant to this section are confidential and are for

the exclusive use of the State Department of Health and the employer

which requested the information. Except on court order or with the

written consent of the person being investigated, the records shall

not be released or otherwise disclosed to any other person or

agency. These records shall be destroyed after one (1) year from

the end of employment of the person to whom such records relate.

F. As part of the inspections required by the Nursing Home Care

Act, Continuum of Care and Assisted Living Act, the Residential Care

Act, and the Adult Day Care Act, the State Department of Health

shall review the employment files of any facility, home, or

institution required to obtain a criminal history background

determination to ensure such facilities, homes, or institutions are

in compliance with the provisions of this section.
Okla. Stat. tit. 63, § 63-1-528 — OK Code / Title 63 / Section 63-1-528
Sexually transmitted infection cases - Instructions -
Status: in_force

Notification.

(a) It shall be the duty of every physician who examines or

treats a person having a sexually transmitted infection (STI) to

instruct that person in measures preventing the spread of such

disease and of the necessity for treatment until cured.

(b) If an attending physician or other person knows or has good

reason to suspect that a person having a sexually transmitted

infection (STI) is so conducting as to expose other persons to

infection, or is about to so conduct, the person shall notify the

local health officer of the name and address of the diseased person

and the essential facts in the case.
Okla. Stat. tit. 63, § 63-4209.6 — OK Code / Title 63 / Section 63-4209.6
Falsely reporting theft or conversion of vessel or
Status: in_force

motor.

A person who knowingly makes a false report of the theft or

conversion of a vessel or motor to any duly authorized peace officer

of this state, upon conviction, shall be guilty of a misdemeanor.
Okla. Stat. tit. 63, § 63-1-1949.6 — OK Code / Title 63 / Section 63-1-1949.6
Complaints — Notice — Hearing — Penalties — Registry
Status: in_force

A. Any person or agency may submit to the State Department of

Health a complaint against a long-term care administrator.

Complaints may also be generated by the Department. Each

investigation of a complaint received by the Department shall be

initiated within ninety (90) days from the date the complaint is

received by the Department. Each complaint investigation shall be

completed within twelve (12) months of initiation. The time period

may be extended by the Department for good cause.

B. Upon conclusion of an investigation, if the Department

determines that an administrator has violated this act, the

Department shall promptly serve a notice of violation to the

administrator. The notice of violation shall be prepared in writing

and shall specify the nature of the violation or violations and the

Oklahoma Statutes - Title 63. Public Health and Safety Page 753

provision or provisions of state law or rule alleged to have been

violated. The notice of violation shall inform the administrator of

his or her right to an independent informal dispute resolution

conducted in accordance with Section 9 of this act or a hearing

conducted under subsection C of this section, or both, and

instruction on how to seek an informal dispute resolution or

hearing.

C. If the case is not resolved through the independent informal

dispute resolution process prescribed by Section 9 of this act, the

administrator shall be afforded notice and a hearing in accordance

with the provisions of Article II of the Administrative Procedures

Act. Any party aggrieved by a decision of the Department following

a hearing may appeal directly to district court under Section 318 of

Title 75 of the Oklahoma Statutes.

D. Notwithstanding any other provision of this section, the

Department may order a summary suspension of an administrator’s

license or certification or an Administrator in Training (AIT)

permit if, in the course of an investigation, it is determined that

a licensee, certificate holder, or AIT candidate for licensure has

engaged in conduct of a nature that is detrimental to the health,

safety, or welfare of the public, and which conduct necessitates

immediate action to prevent further harm. The Department shall

immediately notify the licensee, certificate holder, or AIT

candidate upon issuance of the order. The licensee, certificate

holder, or AIT candidate shall have the right to contest the order

at a hearing as provided by subsection C of this section.

E. To ensure the confidentiality of an investigative file

obtained during the investigation, the information in the

investigative file shall not be deemed to be a record as that term

is defined in the Oklahoma Open Records Act nor shall the

information be subject to subpoena or discovery in any civil or

criminal proceeding, except that the Department may give the

information to law enforcement and other state licensing agencies as

necessary and appropriate in the discharge of the duties of that

agency and only under circumstances that will ensure against

unauthorized access to the information. The respondent may acquire

information obtained during an investigation, unless the disclosure

of the information is otherwise prohibited, if the respondent signs

a protective order whereby the respondent agrees to use the

information solely for the purpose of defense in the proceedings of

the Department and in any appeal therefrom and agrees not to

otherwise disclose the information.

F. The Department shall create and maintain a registry of all

complaints or referrals, found by the Department to have merit,

complaining of acts or omissions of licensed administrators. The

registry shall be maintained in both electronic and paper formats

and shall be available for inspection by the public. Such registry

Oklahoma Statutes - Title 63. Public Health and Safety Page 754

shall be organized both in chronological order by the date of the

complaint and by the name of the licensed administrator. The

registry shall contain information about the nature of the complaint

and the action, if any, taken by the Department. The registry shall

also contain the number of complaints made against an individual

administrator.
Okla. Stat. tit. 63, § 63-704 — OK Code / Title 63 / Section 63-704
Inspection statement
Status: in_force

Before any shooting gallery shall begin to operate in any

county, city or town of this state, it shall be inspected by the

sheriff of said county, or his authorized deputy, for safety, and

the owner must have a statement in writing by said sheriff or his

authorized deputy that he has inspected the premises and is of the

opinion that it is safe to operate. Such statement shall not be

furnished by the sheriff or his authorized deputy unless the

shooting gallery meets the requirements of this act. In the event a

shooting gallery is moved from one place to another, a new

inspection statement must be secured by the owner or operator prior

to beginning operation. It is hereby made the duty of the sheriff

Oklahoma Statutes - Title 63. Public Health and Safety Page 1280

of each county personally or through his authorized deputy to make

the inspection required herein upon request of the owner or

operator. Shooting galleries constructed prior to the effective

date of this act shall be furnished an inspection statement as

required herein even though such shooting gallery does not meet the

requirements of this act if, in the opinion of the sheriff or his

authorized deputy, it is safe to operate.
Okla. Stat. tit. 63, § 63-1-1151 — OK Code / Title 63 / Section 63-1-1151
Regulation by local authority
Status: in_force

A. The local authority may regulate mobile food vendors in

accordance with this section. In relation to a mobile food vendor's

operations, a local authority may:

1. Restrict the operation of a noisemaking device that exceeds

seventy-five (75) decibels measured at twenty-three (23) feet from

the food vending vehicle during certain hours of the day;

2. Restrict a mobile food vendor from operating in a public

park or require a special permit and payment of fees to operate in a

public park;

Oklahoma Statutes - Title 63. Public Health and Safety Page 593

3. Prohibit a mobile food vendor from blocking or restricting

ingress to or egress from private property;

4. Develop a mobile food vendor metered parking pass for a fee

that permits a mobile food vendor to operate from metered parking

spaces for longer than the vendor would otherwise be permitted;

5. Investigate reports of foodborne illnesses;

6. Report a mobile food vendor's suspected violation of this

act to the State Department of Health;

7. Issue citations and penalties to mobile food vendors for

violations of state and local law not inconsistent with this act;

and

8. Adopt and enforce other regulations in conformity to

municipal powers that are not inconsistent with this act. Any

regulation regarding mobile food vendors must address public health

or safety risks.

B. In relation to a mobile food vendor's operations, a local

authority may not:

1. Prohibit a mobile food vendor from lawfully operating in its

jurisdiction if the vendor holds a food establishment license

required under Section 1-1118 of Title 63 of the Oklahoma Statutes

and is in compliance with this act and all other state and local

laws not in conflict with this act;

2. Require a mobile food vendor to obtain any license or permit

from the local authority to operate a food vending vehicle unless:

a. the local authority is issuing a local license in

recognition of a state license under subsection B of

Section 2 of this act,

b. the mobile food vendor seeks to operate at an event

which has been permitted by the local authority, or

c. the mobile food vendor seeks a food establishment

license from a local authority required by Section 1-

1118 of Title 63 of the Oklahoma Statutes;

3. Require a mobile food vendor that is operating on private

property with the permission of the owner to operate a specific

distance from commercial food or retail establishments;

4. Require a mobile food vendor to enter into any agreement

with commercial food or retail establishments;

5. Require a mobile food vendor to be fingerprinted or to

install a Global Positioning System (GPS) tracking device on the

vendor's vehicle;

6. Require a mobile food vendor to stay in constant motion

except for when serving customers;

7. Require a mobile food vendor to maintain an insurance policy

that names the local authority as an additional insured unless the

vendor is operating at an event sponsored by the local authority or

operating in a local, public park;

Oklahoma Statutes - Title 63. Public Health and Safety Page 594

8. Require a mobile food vendor to maintain a bond that names a

local authority as a beneficiary unless the vendor is operating at

an event sponsored by the local authority or operating in a local,

public park;

9. Require a mobile food vendor to submit to health inspections

beyond health inspections conducted by or in collaboration with the

Department, unless the local authority is investigating a reported

foodborne illness or addressing a complaint of an imminent health or

safety hazard to the public;

10. Require a health inspection of a food vending vehicle more

than twice per year unless the local authority, in collaboration

with the Department under this act, is ensuring a mobile food vendor

has corrected a violation detected during a prior inspection, is

investigating a reported foodborne illness, or is conducting a

nonobstructive spot inspection to ensure food safety;

11. Charge a mobile food vendor fees for additional health

inspections;

12. Charge a mobile food vendor fees for any local license or

permit allowed under Section 3 of this act beyond the administrative

cost of issuing the local license or permit;

13. Require a mobile food vendor to submit to a state fire

inspection if the vendor can demonstrate it passed a state fire

inspection in the previous twelve (12) months;

14. Require a mobile food vendor to enter into any agreement

with a commercial establishment or restaurant;

15. Regulate the equipment requirements for a food vending

vehicle; or

16. Require a mobile food vendor to associate with a commissary

if the vendor has all the equipment necessary to comply with state

regulations pertaining to food vending vehicles.
Okla. Stat. tit. 63, § 63-1-2522 — OK Code / Title 63 / Section 63-1-2522
Renumbered as Title 63, § 1-2530.9 by Laws 2004, c
Status: in_force

459, § 11, emerg. eff. June 4, 2004.
Okla. Stat. tit. 63, § 63-3080.5 — OK Code / Title 63 / Section 63-3080.5
Withdrawing treatment or care
Status: in_force

A. Notwithstanding any other provision of law, no person and no

health care facility shall be required to participate in or provide

facilities for medical treatment or care of an incompetent patient

who is to die as the result of dehydration or starvation.

B. The law of this state shall not be construed to permit

withdrawal or withholding of medical treatment, care, nutrition or

hydration from an incompetent patient because of the mental

disability or mental status of that patient.

C. No guardian, public or private agency, court, or any other

person shall have the authority to make a decision on behalf of an

incompetent patient to withhold or withdraw hydration or nutrition

from said patient except in the circumstances and under the

conditions specifically provided for in Section 3080.4 of this

title.
Okla. Stat. tit. 63, § 63-1-865.3 — OK Code / Title 63 / Section 63-1-865.3
Department of Human Services – Powers and duties –
Status: in_force

Sheltered workshops.

A. The Department of Human Services shall have the power and

duty to:

1. Enforce any provision of the Sheltered Workshop Act;

2. Issue, renew, deny, modify, suspend, and revoke licenses for

sheltered workshops pursuant to the provisions of the Sheltered

Workshop Act; provided, however, providers of sheltered workshop

services that have a contract with the Developmental Disabilities

Services Division of the Department of Human Services or the

Oklahoma Health Care Authority to provide sheltered workshop

services as of November 1, 2011, shall be deemed to be licensed,

subject to the continuing requirements of the Sheltered Workshop

Act;

3. Establish and enforce standards and requirements for

licensure and operation of sheltered workshops that are subject to

the provisions of the Sheltered Workshop Act and require the

Oklahoma Statutes - Title 63. Public Health and Safety Page 524

submission of, and to review, reports from any person establishing

or operating a sheltered workshop;

4. Enter upon any public or private property for the purpose of

inspecting and investigating conditions of the sheltered workshop

for compliance with the provisions of the Sheltered Workshop Act, or

the standards and requirements for licensure and operation of

sheltered workshops developed by the Department pursuant to the

provisions of the Sheltered Workshop Act;

5. Employ or designate personnel to conduct investigations and

inspections, to make reports of the condition of sheltered

workshops, and to take necessary action pursuant to the provisions

of the Sheltered Workshop Act to protect and safeguard the health,

safety, and welfare of service recipients;

6. Advise, consult, and cooperate with other agencies of this

state, the federal government, other states and interstate agencies,

and with affected groups and political subdivisions to further the

purposes of the Sheltered Workshop Act;

7. Investigate, request or otherwise obtain the information

necessary to determine the qualifications and background of an

applicant for licensure or contract;

8. Provide the sheltered workshop thirty (30) days written

notice that its license is to be suspended or revoked, and shall

take action at the end of that time if the sheltered workshop

remains out of compliance. However, if the health and safety of

service recipients is threatened, the suspension or revocation shall

be effective immediately and the sheltered workshop shall be closed;

9. Notify holders of suspended or revoked licenses that they

shall be entitled to a hearing before Department licensure officials

if requested within ten (10) days of their notification. The

hearing shall be held at least ten (10) days before final action is

taken and conducted pursuant to the Administrative Procedures Act;

and

10. Reinstate suspended licenses if deficiencies are corrected

within a time frame established by the Department.

B. The Department of Human Services shall develop rules

establishing minimum standards for sheltered workshops. These

standards, at minimum, shall regulate:

1. Physical plant expectations to include physical facilities,

ventilation, and accessibility;

2. Staffing requirements;

3. Staff training;

4. Staff qualifications; and

5. Service recipient records.
Okla. Stat. tit. 63, § 63-427.15 — OK Code / Title 63 / Section 63-427.15
Authority to develop policies and procedures for
Status: in_force

disclosure by businesses – Attestation regarding foreign financial

interests.

A. The Oklahoma Medical Marijuana Authority is hereby

authorized to develop policies and procedures for disclosure by a

medical marijuana business of financial interest and ownership.

B. Upon the effective date of this act, current medical

marijuana business licensees and applicants seeking licensure as a

medical marijuana business shall be required to submit under penalty

of perjury an attestation confirming or denying the existence of any

Oklahoma Statutes - Title 63. Public Health and Safety Page 1166

foreign financial interests in the medical marijuana business

operation and shall disclose the identity of such ownership, if

applicable. Medical marijuana business licensees shall, within

sixty (60) days after the effective date of this act, submit such

attestation to the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control. Applicants for a medical marijuana business license

shall, within sixty (60) days after the approval of a medical

marijuana business license application by the Oklahoma Medical

Marijuana Authority, submit such attestation to the Bureau. Failure

to submit the attestation or accompanying information to the Bureau

within the specified sixty-day time period shall result in the

immediate revocation of the medical marijuana business license. The

Bureau shall prescribe the form of the attestation required under

the provisions of this subsection and shall make the form available

on its publicly accessible Internet website.
Okla. Stat. tit. 63, § 63-2904 — OK Code / Title 63 / Section 63-2904
Consumer education programs
Status: in_force

Contractors shall provide consumer education programs to further

maximize energy cost savings. Homeowners shall be encouraged to

actively participate in consumer education programs to minimize

energy-related expenses. Homeowners shall be responsible for proper

upkeep and maintenance of the weatherization work completed on their

homes.
Okla. Stat. tit. 63, § 63-1-1967a — OK Code / Title 63 / Section 63-1-1967a
Civil actions
Status: in_force

A. Any person, other legal entity, or any governmental agency

may bring a civil action to restrain a provider of home care

services, or a person acting on behalf of the provider or under the

provider's control from, or for the collection of damages caused by:

1. Making or enforcing unconscionable terms or provisions of a

provider agreement;

2. Fraudulent or unconscionable conduct in inducing a patient

to enter into an agreement; or

3. Fraudulent or unconscionable conduct in collecting fees for

services.

B. In an action brought pursuant to this section, the court may

grant relief if it finds:

1. That the defendant has made unconscionable agreements or has

engaged in or is likely to engage in a course of fraudulent or

unconscionable conduct;

2. That the agreements or conduct of the defendant has caused

or is likely to cause injury to a patient; or

3. That the defendant has been able to cause or will be able to

cause injury primarily because of the nature of the services

involved.

C. In applying this section, consideration shall be given to

each of the following factors:

1. Belief by the defendant at the time the services were

provided that there was no reasonable probability of injury;

Oklahoma Statutes - Title 63. Public Health and Safety Page 792

2. Knowledge by the defendant at the time the services were

provided of the inability of the patient to receive substantial

benefit from the services provided;

3. Gross disparity between the price of the services provided

measured by the price at which similar services are readily

available or obtainable by like patients;

4. The fact that the defendant contracted for or received

separate or additional charges for services with the effect of

making the cost for the services provided, considered as a whole,

unconscionable;

5. The fact that the defendant has knowingly taken advantage of

the inability of the patient reasonably to protect the patient's

interests by reason of physical or mental infirmities, ignorance,

illiteracy, or inability to understand the language of the

agreements or similar factors; and

6. Any other fact.

D. In an action brought pursuant to this section, conduct, a

charge, or a practice expressly specified in this section shall not

in itself be deemed unconscionable.

E. With respect to an action brought to restrain actions

pursuant to the provisions of the Home Care Act, or unconscionable

agreements or fraudulent or unconscionable conduct, a person may

apply to the court for temporary relief against a defendant, pending

final determination. If the court finds after a hearing held upon

notice to the defendant that there is reasonable cause to believe

that the defendant should be restrained, it may grant any temporary

relief or restraining order it deems appropriate.

F. In addition, after demand, a person, other legal entity or

governmental agency may bring a civil action against a provider of

home care services, or a person acting on behalf of the provider or

under the provider's control, to recover damages incurred as a

result of any action taken by the provider or such person, subject

to the provisions of this section.

G. The provisions of this section shall not affect any other

remedies available under other principles of law or equity.
Okla. Stat. tit. 63, § 63-1-212.1 — OK Code / Title 63 / Section 63-1-212.1
Peace officer certificates for certain employees
Status: in_force

Any employee of a city-county health department who is serving

as a peace officer shall obtain a certificate as provided in Section

3311 of Title 70 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-3141.1 — OK Code / Title 63 / Section 63-3141.1
Short title - Legislative intent
Status: in_force

A. Sections 1 through 8 of this act shall be known and may be

cited as the "Assisted Suicide Prevention Act".

B. It is the intent of the Oklahoma Legislature to protect

vulnerable persons from suicide, to reduce the cost to taxpayers of

enforcing the assisted-suicide laws by promoting civil enforcement

and providing for reimbursement of attorney fees by those found to

be violating the law.
Okla. Stat. tit. 63, § 63-2868 — OK Code / Title 63 / Section 63-2868
See the following versions:
Status: in_force

OS 63-2868v1 (HB 1897, Laws 2023, c. 49, § 4).

OS 63-2868v2 (HB 1590, Laws 2023, c. 258, § 11).
Okla. Stat. tit. 63, § 63-1-1925.4 — OK Code / Title 63 / Section 63-1-1925.4
Disaster and emergency evacuation plans - Disclosure
Status: in_force

A. Upon admittance into the facility, nursing facilities and

specialized facilities that do not have emergency power generators

available or a written disaster plan on file during an emergency

situation shall provide a written disclosure to any resident or

resident's caregiver stating that the facility does not have either

a generator available or a written disaster plan on file during an

emergency situation.

B. All nursing facilities, assisted living centers, residential

care homes and specialized facilities shall have an emergency

evacuation plan in place. Such plan shall be coordinated and on

file at the local emergency management agency. Such plan shall also

be filed with the State Department of Health.

C. For purposes of this section, “assisted living center” shall

have the same meaning as specified in Section 1-890.2 of Title 63 of

the Oklahoma Statutes, and "nursing facility", “residential care

home” and "specialized facility" shall have the same meaning as

specified in Section 1-1902 of Title 63 of the Oklahoma Statutes.

D. The State Board of Health may promulgate rules as necessary

to implement the provisions of this section, including, but not

limited to, requirements for disclosure and enforcement.
Okla. Stat. tit. 63, § 63-1-1949.2 — OK Code / Title 63 / Section 63-1-1949.2
Definitions
Status: in_force

For the purposes of this act:

1. “Long-term care administrator” means a person licensed or

certified as a Tier 1 long-term care administrator or Tier 2 long-

term care administrator under this act. A long-term care

administrator must devote at least one-half (1/2) of such person’s

working time to on-the-job supervision of a long-term care facility;

provided that this requirement shall not apply to an administrator

of an intermediate care facility for individuals with intellectual

disabilities with sixteen or fewer beds (ICF/IID-16), in which case

the person licensed by the state may be in charge of more than one

ICF/IID-16, if such facilities are located within a circle that has

a radius not more than fifteen (15) miles, and the total number of

facilities and beds does not exceed six facilities and sixty-four

beds. The facilities may be free-standing in a community or may be

on campus with a parent institution. The ICF/IID-16 may be

independently owned and operated or may be part of a larger

institutional ownership and operation;

2. “Tier 1 long-term care administrator” means a person

licensed by this state to perform the duties of an administrator

serving in a skilled nursing or nursing facility or an intermediate

care facility for individuals with intellectual disabilities with

seventeen or greater beds (ICF/IID);

3. “Tier 2 long-term care administrator” means a person

licensed or certified by this state to perform the duties of an

Oklahoma Statutes - Title 63. Public Health and Safety Page 747

administrator serving in an assisted living facility, residential

care facility, adult day care center, or intermediate care facility

for individuals with intellectual disabilities with sixteen or fewer

beds (ICF/IID-16);

4. “Nursing home”, “rest home” and “specialized home” shall

have the same meaning as the term “nursing facility” as such term is

defined in the Nursing Home Care Act; “assisted living center” and

“continuum of care facility” shall have the same meaning as such

terms are defined in the Continuum of Care and Assisted Living Act;

“home” and “residential care home” shall have the same meaning as

the terms are used in the Residential Care Act; and “adult day care

center” and “center” shall have the same meaning as such terms are

used in the Adult Day Care Act.
Okla. Stat. tit. 63, § 63-4038 — OK Code / Title 63 / Section 63-4038
Designated successor of deceased or incapacitated new
Status: in_force

vessel dealer - Continuation of existing dealer agreement - Refusal

to honor succession - Notice.

A. A designated successor of a deceased or incapacitated new

vessel dealer may succeed the dealer in the ownership or operation

of the dealership under the existing dealer agreement, if the

designated successor gives the manufacturer or distributor written

notice of his intention to succeed to the dealership within sixty

(60) days after the dealer's death or incapacity and agrees to be

bound by all of the terms and conditions of the dealer agreement. A

Oklahoma Statutes - Title 63. Public Health and Safety Page 1646

manufacturer or distributor may refuse to honor the existing dealer

agreement with the designated successor for good cause or criteria

agreed to in the existing dealer agreement, and may require the

designated successor to supply personal and financial data necessary

to determine whether the existing dealer agreement should be

honored.

B. Within sixty (60) days after receiving the notice of the

designated successor's intent to succeed the dealer in the ownership

and operation of the dealership or within sixty (60) days after

receiving the requested personal and financial data, whichever last

occurs, if a manufacturer or distributor believes that good cause or

other criteria exists for refusing to honor the succession, the

manufacturer or distributor may serve upon the designated successor

notice of its refusal to approve the succession.
Okla. Stat. tit. 63, § 63-3214 — OK Code / Title 63 / Section 63-3214
Investments of funds - University Hospitals Authority Agency Special Account - Blanket
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 52Agency Special Account - Blanket bond coverage.

A. The funds deposited in the Agency Special Account as created

in subsection B of this section shall be invested by the State

Oklahoma Statutes - Title 63. Public Health and Safety Page 1526

Treasurer in the manner provided for by law. The return on such

investments shall be credited to the accounts of the Authority.

B. There is hereby created in the State Treasury an Official

Depository Account for the University Hospitals Authority, to be

designated the University Hospitals Authority Agency Special

Account. The Official Depository Account shall consist of an agency

clearing account and an agency special account. All revenues,

except federal entitlements and state appropriations, generated by

the University Hospitals Authority shall be deposited in these

accounts.

C. The Authority shall be subject to blanket bond coverage as

provided in Sections 85.26 through 85.31 of Title 74 of the Oklahoma

Statutes, provided the Authority shall be authorized to purchase

increased amounts of fidelity bond coverage for those employees

deemed necessary by the Authority. When the amount listed in

Section 85.29 of Title 74 of the Oklahoma Statutes is deemed

inadequate, the cost of increased coverage shall be borne by the

Authority.
Okla. Stat. tit. 63, § 63-3290 — OK Code / Title 63 / Section 63-3290
Oklahoma State University Medical Trust
Status: in_force

A. The State of Oklahoma expressly approves the creation of a

public trust to be named the “Oklahoma State University Medical

Trust”, of which the State of Oklahoma shall be the beneficiary,

provided such approval shall be contingent upon satisfaction of the

following conditions:

1. Finalizing of the declaration of trust;

2. Adoption of the declaration of trust by an official action

of the trustees of the Trust;

3. Submission of the Trust for acceptance of the beneficial

interest and approval as required by Section 177 of Title 60 of the

Oklahoma Statutes; and

4. The approved declaration of trust shall:

a. clearly state that the principal purpose of the

Oklahoma State University Medical Trust is to

effectuate the purposes of the Oklahoma State

University Medical Authority as established in the

Oklahoma State University Medical Authority Act,

b. except as otherwise provided by law, provide that the

title to real property held by the Oklahoma State

University Medical Authority shall not be transferred,

conveyed, or assigned to the Oklahoma State University

Medical Trust without the express consent of the

Legislature as the governing entity of the beneficiary

pursuant to Section 176 of Title 60 of the Oklahoma

Statutes,

c. provide that any indebtedness incurred by the Oklahoma

State University Medical Trust or the trustees of the

Trust shall not be secured with or create a lien upon

real property to which title is held by the Oklahoma

State University Medical Authority and shall not

involve the bonding capacity of the Oklahoma State

University Medical Authority,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1592

d. provide that the trust estate of the Oklahoma State

University Medical Trust shall not include fee simple

title to real property owned by the Oklahoma State

University Medical Authority,

e. clearly state that the creation of the Oklahoma State

University Medical Trust shall not in any way reduce,

limit or interfere with the power granted to the

Oklahoma State University Medical Authority in the

Oklahoma State University Medical Authority Act,

f. provide that any lease or contractual agreement

involving use of the real property to which title is

held by the Oklahoma State University Medical

Authority and any improvements thereto shall contain a

provision and covenants requiring the proper

maintenance and upkeep of the real property and

improvements,

g. provide that the trustees of the Oklahoma State

University Medical Trust shall be the acting members

of the Oklahoma State University Medical Authority as

provided in the Oklahoma State University Medical

Authority Act, and

h. provide that the trustees of the Oklahoma State

University Medical Trust shall have the duty to submit

an annual report to the Governor, the President Pro

Tempore of the Oklahoma State Senate and the Speaker

of the Oklahoma House of Representatives. The report

shall be submitted by January 1 of each year and shall

include an account of all operations, actions of the

Trust, account of all revenue received and disbursed

by the Trust for the previous fiscal year. The report

shall also provide a complete accounting of how the

Trust meets its primary function of effectuating the

purposes of the Oklahoma State University Medical

Authority, as established in the Oklahoma State

University Medical Authority Act.

B. The Oklahoma State University Medical Trust shall require

any agreements which it enters into with any entity pursuant to

Section 3292 of this title for the operations of facilities leased

by the Oklahoma State University Medical Authority to the Trust to

include, but not be limited to:

1. The inclusion of all the members of the Trust, except the

Chief Executive Officer of the Oklahoma Health Care Authority, as

five of the six members representing the State of Oklahoma in a

governing committee, and the sixth member of the governing committee

representing the State of Oklahoma to be designated by the President

of Oklahoma State University;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1593

2. Binding arbitration shall not be required by such agreements

for resolving issues under consideration by the governing committee;

and

3. Major decisions shall be resolved by the governing

committee, and approval of any major decision by the governing

committee must include the approval of a majority of the state

appointees and the approval of a majority of the private entity

appointees to the governing committee. Major decisions shall

include:

a. approval of the operating and capital budgets,

b. sale or disposition of assets over Five Hundred

Thousand Dollars ($500,000.00),

c. the termination or transfer or material addition or

material diminution of medical services at the

Oklahoma State University Medical Center related to

and part of a teaching program of the Oklahoma State

University Center for Health Sciences, and

d. other major decisions as may be agreed upon by the

Trust and the private entity.

C. To the extent it is determined by legislative enactment that

the Trust has expended funds in contravention of its mission as set

forth in this section, the Trust shall remit, upon thirty (30) days’

written notice from the Oklahoma State University Medical Authority,

such sum or sums to the Oklahoma State University Medical Authority.

D. In the event the Trust enters into a joint venture or

acquires an interest in a not-for-profit entity to effectuate the

administration of the mission of the Trust, that entity shall not be

subject to the Oklahoma Open Meeting Act and the Oklahoma Open

Records Act. Any information submitted to or compiled by the Trust

with respect to marketing plans, financial statements, trade

secrets, research concepts, methods or products or any other

proprietary information submitted to or compiled by the Trust,

persons, firms, associations, partnerships, agencies, corporations,

institutions of higher education, nonprofit research institutions or

other entities shall be confidential, except to the extent that the

person or entity which provided such information or which is the

subject of such information consents to disclosure. Executive

sessions may be held to discuss such materials if deemed necessary

by the Trust. The provisions of this subsection shall not apply to

budgetary information related to appropriations or the

appropriations process.
Okla. Stat. tit. 63, § 63-2200.29 — OK Code / Title 63 / Section 63-2200.29
Definitions
Status: in_force

As used in this act:

1. "Anatomical gift" means a donation of all or part of a human

body to take effect after the donor's death for the purpose of

transplantation or transfusion;

2. "Auxiliary aids or services" means an aid or service that is

used to provide information to an individual with a cognitive,

developmental, intellectual, neurological or physical disability and

is available in a format or manner that allows the individual to

better understand the information. An auxiliary aid or service may

include:

a. qualified interpreters or other effective methods of

making aurally delivered materials available to

persons with hearing impairments,

b. qualified readers, taped texts, texts in accessible

electronic format or other effective methods of making

visually delivered materials available to persons with

visual impairments,

c. supported decision-making services, including:

(1) the use of a support individual to communicate

information to the individual with a disability,

ascertain the wishes of the individual, or assist

the individual in making decisions,

(2) the disclosure of information to a legal

guardian, authorized representative or another

individual designated by the individual with a

disability for such purpose, as long as the

disclosure is consistent with state and federal

law including the Health Insurance Portability

and Accountability Act of 1996, 42 U.S.C. 1320d

et seq. and any regulations promulgated by the

United States Department of Health and Human

Services to implement the act,

(3) if an individual has a court-appointed guardian

or other individual responsible for making

medical decisions on behalf of the individual,

any measures used to ensure that the individual

is included in decisions involving the

individual's health care and that medical

decisions are in accordance with the individual's

own expressed interests, or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1372

(4) any other aid or service that is used to provide

information in a format that is easily

understandable and accessible to individuals with

cognitive, neurological, developmental or

intellectual disabilities, including assistive

communication technology;

3. "Covered entity" means:

a. any licensed provider of health care services

including licensed health care practitioners,

hospitals, nursing facilities, laboratories,

intermediate care facilities, psychiatric residential

treatment facilities, institutions for individuals

with intellectual or developmental disabilities and

prison health centers, or

b. any entity responsible for matching anatomical gift

donors to potential recipients;

4. "Disability" has the meaning stated in the Americans with

Disabilities Act of 1990, as amended by the ADA Amendments Act of

2008, 42 U.S.C. § 12102;

5. "Organ transplant" means the transplantation or transfusion

of a part of a human body into the body of another for the purpose

of treating or curing a medical condition; and

6. "Qualified recipient" means an individual who has a

disability and meets the essential eligibility requirements for the

receipt of an anatomical gift with or without any of the following:

a. individuals or entities available to support and

assist the individual with an anatomical gift or

transplantation,

b. auxiliary aids or services, or

c. reasonable modifications to the policies, practices or

procedures of a covered entity including modifications

to allow for either or both of the following:

(1) communication with one or more individuals or

entities available to support or assist with the

recipient's care and medication after surgery or

transplantation, or

(2) consideration of support networks available to

the individual including family, friends and home

and community-based services including home and

community-based services funded through Medicaid,

Medicare, another health plan in which the

individual is enrolled or any program or source

of funding available to the individual, when

determining whether the individual is able to

comply with post-transplant medical requirements.
Okla. Stat. tit. 63, § 63-1-1301.7 — OK Code / Title 63 / Section 63-1-1301.7
Renumbered as § 7-407 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1-318.1 — OK Code / Title 63 / Section 63-1-318.1
MISSing Angels Act – Christopher and Kendall’s Law
Status: in_force

This act shall be known and may be cited as the “MISSing Angels

Act – Christopher and Kendall’s Law”.
Okla. Stat. tit. 63, § 63-4039 — OK Code / Title 63 / Section 63-4039
Termination of dealer agreement - Continued sale of
Status: in_force

parts.

After the termination of the dealer agreement by the

manufacturer, the manufacturer shall continue to sell parts to the

dealer in order that the dealer may continue to service any ofthe

manufacturer's products which the dealer may have sold to customers

prior to termination for a period not to exceed eighteen (18) months

from the date of termination.
Okla. Stat. tit. 63, § 63-684.12 — OK Code / Title 63 / Section 63-684.12
Implementation
Status: in_force

ARTICLE XI

Implementation

A. This compact shall become effective immediately upon its

enactment into law by any two states. Thereafter, this compact

shall become effective as to any other state upon enactment by that

state.

B. Any party state may withdraw from this compact by enacting a

statute repealing the same, but no such withdrawal shall take effect

until thirty (30) days after the governor of the withdrawing state

has given notice in writing of such withdrawal to the governors of

all other party states. Such action shall not relieve the

withdrawing state from obligations assumed hereunder prior to the

effective date of withdrawal.

C. Duly authenticated copies of this compact and of such

supplementary agreements as may be entered into shall, at the time

of their approval, be deposited with each of the party states and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1246

with the Federal Emergency Management Agency and other appropriate

agencies of the United States government.
Okla. Stat. tit. 63, § 63-1-206.1 — OK Code / Title 63 / Section 63-1-206.1
Nonphysician services - Fees - Agreements to provide
Status: in_force

services - Disposition of funds.

A. County, district, cooperative and city-county health

departments, with the approval of the State Commissioner of Health,

may collect fees for health services such as nursing, chronic

disease screening, immunizations, maternal and child health

services, genetic services, physical therapy, occupational therapy,

dietetic, social work and home health aid given to patients in their

homes, for mental health and guidance services and for dental care

rendered in facilities operated by said departments, and may collect

fees for such services as shall be authorized by the State Board of

Health. Such fees shall be collected from persons financially able

to pay for such services, and from insurers, governmental agencies

or other persons obligated to reimburse for such services, and shall

be collected in accordance with a schedule of fees approved by the

State Commissioner of Health.

B. Fees for environmental services may be collected with the

approval of the Executive Director of the Department of

Environmental Quality as authorized by the Environmental Quality

Board.

C. County, district, cooperative, and city-county health

departments may enter into agreements with individuals and with

public and private agencies to provide health services enumerated in

subsection (a) of this section to said health departments and also

Oklahoma Statutes - Title 63. Public Health and Safety Page 104

to supply these services to organizations or agencies. Such

agreements shall be subject to approval of the State Commissioner of

Health, and shall specify services to be performed and amounts to be

paid.

D. Money received by a county, district, or city-county health

department pursuant to a contractual arrangement, as fees for

services, or from some other source, shall be deposited with the

county treasurer in the county where earned as provided for in

Section 681 of Title 19 of the Oklahoma Statutes.

E. With the approval of the State Commissioner of Health, such

funds shall be transferred, in accordance with provisions of

Sections 683 and 684 of Title 19 of the Oklahoma Statutes, and added

to specified items of the Health Department's appropriations, and no

further action or appropriation by the county excise board shall be

required to make such available for expenditure. The county board

of health, the city-county board of health, or a person designated

to act on behalf of either board is authorized to effect transfer of

these funds, and to specify the item or items of appropriation to

which they are to be added, in accordance with the State Health

Commissioner's approval.
Okla. Stat. tit. 63, § 63-683.19a — OK Code / Title 63 / Section 63-683.19a
County and city-county health departments - Benefits, powers, immunities and
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 38powers, immunities and protections.

The benefits, powers, immunities and protections afforded to

political subdivisions under the Oklahoma Emergency Management Act

of 2003 shall inure to county and city-county health departments

within this state.
Okla. Stat. tit. 63, § 63-2818 — OK Code / Title 63 / Section 63-2818
Renumbered as § 2869.6 of this title by Laws 2023, c. 49,
Status: in_force

§ 10, eff. Nov. 1, 2023.
Okla. Stat. tit. 63, § 63-4217.4 — OK Code / Title 63 / Section 63-4217.4
Abandoned vessels – Lien – Foreclosure by sale – Notice
Status: in_force

– Application of proceeds.

A. Every person lawfully in possession of an abandoned vessel

shall have a special lien thereon for the compensation due from the

owner of such abandoned vessel for all expenses incurred.

B. The lien may be foreclosed by a sale of such abandoned

vessel upon giving notice and in the following manner. The notice

shall contain:

1. The name of the party bringing action and the name of the

owner or any person claiming any interest therein;

2. A full description of the vessel, giving all available

information as to the make, year, serial number, registration decal

number with year and the state from which the registration was

issued;

3. A full statement of all the facts;

4. The amount of the claim, giving a full description of the

work, labor, storage or any other costs involved; and

5. The date, time and place of the sale.

The notice shall be posted in three public places in the county in

which the vessel is to be sold at least ten (10) days before the

time specified therein for such sale, and a copy of such notice

shall be mailed to the owner and any other person claiming any

Oklahoma Statutes - Title 63. Public Health and Safety Page 1690

interest in the abandoned motor vehicle, at their last-known mailing

address, by registered mail on the same date of posting such notice.

C. Proceedings for such sale under this section shall not be

commenced until ten (10) days after the lien has accrued.

D. A return of such sale shall be made at the time of sale and

proof of posting and mailing of the notice of sale of abandoned

vessel.

E. The proceeds from the sale of an abandoned vessel made

pursuant to subsection B of this section shall be applied in the

following order:

1. To the reasonable cost incurred in the sale of the abandoned

vessel;

2. To the satisfaction of the special lien provided for in

subsection A of this section;

3. To the satisfaction of any indebtedness secured by a

subordinate security interest or lien in the vessel; and

4. To the owner if the owner is known, and if the owner or the

address of the owner is not known, to Service Oklahoma to be

remitted to the State Treasurer and deposited in the General Revenue

Fund.
Okla. Stat. tit. 63, § 63-1-236 — OK Code / Title 63 / Section 63-1-236
Definitions
Status: in_force

A. As used in this act:

1. "Committee" means the Joint Legislative Committee for Review

of Coordination of Efforts for Prevention of Adolescent Pregnancy

and Sexually Transmitted Diseases;

2. "Coordinating Council" means the Interagency Coordinating

Council for Coordination of Efforts for Prevention of Adolescent

Pregnancy and Sexually Transmitted Diseases; and

3. "State Plan" means the State Plan for Coordination of

Efforts for Prevention of Adolescent Pregnancy and Sexually

Transmitted Diseases.

Oklahoma Statutes - Title 63. Public Health and Safety Page 151

B. The purpose of this act is to provide for a comprehensive,

coordinated, multidisciplinary and interagency effort to reduce the

rate of adolescent pregnancy and sexually transmitted diseases

within the State of Oklahoma.
Okla. Stat. tit. 63, § 63-695.10 — OK Code / Title 63 / Section 63-695.10
Plans for evacuation and interjurisdiction reception of
Status: in_force

civilian population.

Plans for the orderly evacuation and interjurisdiction reception

of portions of the civilian population as the result of any

emergency or disaster of sufficient proportions to so warrant, shall

be worked out and maintained between the party jurisdictions of the

Oklahoma Intrastate Mutual Aid Compact and the emergency management

or services directors of the various jurisdictions where any type of

incident requiring evacuations might occur. Such plans shall be put

into effect by request of the jurisdiction from which evacuees come

and shall include the manner of transporting such evacuees, the

number of evacuees to be received in different areas, the manner in

which food, clothing, housing, and medical care will be provided,

the registration of evacuees, the providing of facilities for the

notification of relatives or friends, and the forwarding of such

evacuees to other areas or the bringing in of additional materials,

supplies, and all other relevant factors.
Okla. Stat. tit. 63, § 63-2-901 — OK Code / Title 63 / Section 63-2-901
Drug Possession Diversion Program – District attorney
Status: in_force

discretion to refer.

A. Subject to the availability of funds, each district attorney

may create within the office of the district attorney a Drug

Possession Diversion Program and assign sufficient staff and

resources for the efficient operation of the program.

B. Referral of a violation of the provisions of Section 2-402

of Title 63 of the Oklahoma Statutes or possession of drug

paraphernalia in violation of subsection B of Section 2-405 of Title

63 of the Oklahoma Statutes to the Drug Possession Diversion Program

shall be at the discretion of the district attorney. This act shall

not limit the power of the district attorney to prosecute a case for

possession of a controlled dangerous substance.

C. Upon receipt of a case for possession of a controlled

dangerous substance, the district attorney shall determine if the

charge is one which is appropriate to be referred to the Drug

Possession Diversion Program.

D. In determining whether to refer a case to the Drug

Possession Diversion Program, the district attorney shall consider

the following:

1. The schedule of the controlled dangerous substance possessed

by the defendant;

2. The amount of the controlled dangerous substance possessed

by the defendant;

3. If the defendant has a prior criminal record;

4. The number of drug-related crimes against the defendant

previously received by the district attorney;

5. Whether or not there are other criminal charges currently

pending against the defendant; and

6. The strength of the evidence against the defendant.
Okla. Stat. tit. 63, § 63-4008 — OK Code / Title 63 / Section 63-4008
Application for certificate of title - Transmittal -
Status: in_force

Issuance - Confirmation.

Except as otherwise provided in Section 4005 of this title, the

owner of every vessel or motor in this state shall possess a

certificate of title as proof of ownership of such vessel or motor.

Application for a certificate of title, whether an original or

duplicate, may be made to any licensed operator. When application

is made with a licensed operator, the application information shall

be transmitted either electronically or by mail to Service Oklahoma

by the licensed operator. If the application information is

transmitted electronically, the licensed operator shall forward the

required application along with evidence of ownership, where

required, by mail. Where the transmission of application

information cannot be performed electronically, Service Oklahoma is

authorized to provide postage-paid envelopes to licensed operators

for the purpose of mailing the application along with evidence of

ownership, where required. Service Oklahoma shall upon receipt of

proper application information issue an Oklahoma certificate of

title. Such certificates may be mailed to the applicant. Upon

Oklahoma Statutes - Title 63. Public Health and Safety Page 1613

issuance of a certificate of title, Service Oklahoma shall provide

the appropriate licensed operator with confirmation of such

issuance.
Okla. Stat. tit. 63, § 63-4257 — OK Code / Title 63 / Section 63-4257
Criminal proceedings
Status: in_force

In addition to the power of the Attorney General or any district

attorney to institute civil proceedings under Section 6 of this act,

the Attorney General or any district attorney is empowered to

institute criminal prosecutions for a violation of Section 3 of this

act in any court of competent jurisdiction.
Okla. Stat. tit. 63, § 63-4204 — OK Code / Title 63 / Section 63-4204
Administration and enforcement of Act upon waters under
Status: in_force

jurisdiction of Grand River Dam Authority - Authority as motor

license agent - Remission of fees.

A. The provisions of the Oklahoma Boating Safety Regulation Act

shall apply to the waters of this state under the jurisdiction of

the Grand River Dam Authority, provided, the Department of Public

Safety may have jurisdiction to administer and enforce the

provisions of the Oklahoma Boating Safety Regulation Act upon waters

of this state under the jurisdiction of the Grand River Dam

Authority. The administration and enforcement of the Oklahoma

Boating Safety Regulation Act upon the waters under the jurisdiction

of the Grand River Dam Authority are vested in the Grand River Dam

Authority. Said Authority, and its employees, shall, except as

otherwise provided in this section, have the same authority with

respect to the enforcement and administration of the Oklahoma

Boating Safety Regulation Act upon such waters as are vested by the

Oklahoma Boating Safety Regulation Act in Service Oklahoma with

respect to the other waters of this state.

B. The Authority may be designated by Service Oklahoma as a

licensed operator to award numbers and issue certificates of title

and registration for vessels and motors in accordance with the

provisions of the Oklahoma Vessel and Motor Registration Act and

with any rules and regulations of Service Oklahoma either from

blocks of numbers and certificates assigned to said Authority by

Service Oklahoma or such other method as shall be prescribed by

Service Oklahoma. The Authority shall remit all fees collected by

it pursuant to this section to Service Oklahoma to be apportioned

and deposited in accordance with the provisions of the Oklahoma

Vessel and Motor Registration Act.
Okla. Stat. tit. 63, § 63-683.34 — OK Code / Title 63 / Section 63-683.34
Rules
Status: in_force

The Director of the Oklahoma Department of Emergency Management

shall promulgate rules necessary for the implementation of the

provisions of the Oklahoma Volunteerism Act in accordance with

Article 1 of the Administrative Procedures Act, Sections 250.3

through 308.2 and Article II, Sections 309 through 323 of Title 75

of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-1817 — OK Code / Title 63 / Section 63-1-1817
Renumbered as § 2-5-116 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.

Oklahoma Statutes - Title 63. Public Health and Safety Page 665
Okla. Stat. tit. 63, § 63-1-1990.6 — OK Code / Title 63 / Section 63-1-1990.6
Silver alert information and statements
Status: in_force

The silver alert shall include:

1. All appropriate information that is provided by the local

law enforcement agency that may lead to the safe recovery of the

missing senior citizen; and

2. A statement instructing any person with information related

to the missing senior citizen to contact a local law enforcement

agency.
Okla. Stat. tit. 63, § 63-2-306 — OK Code / Title 63 / Section 63-2-306
Transmission of copies of convictions
Status: in_force

On the conviction of any person of the violation of any

provision of this act, a certified copy of the judgment of

conviction shall be sent by the clerk of the court to the Director

and to the board or officer, if any, by whom the convicted defendant

has been licensed or registered to practice his or her profession or

to carry on his or her business.