Okla. Stat. tit. 63, § 63-427.20 — OK Code / Title 63 / Section 63-427.20
Medical marijuana education facility license -
Status: in_force

Requirements.

A. There is hereby created a medical marijuana education

facility license.

B. A medical marijuana education facility license may be issued

to a person to possess or cultivate marijuana for the limited

education and research purposes identified in this section.

C. A medical marijuana education facility license may only be

granted to a not-for-profit organization structured under Section

501(c)(3) of the Internal Revenue Code, operating as a not-for-

profit organization in this state registered with the Office of the

Secretary of State.

D. A medical marijuana education facility license may only be

granted upon the submission of an annual fee of Five Hundred Dollars

($500.00) to the Oklahoma Medical Marijuana Authority.

E. A medical marijuana education facility license may be issued

for the following education and research purposes:

1. To test cultivation techniques, strategies, infrastructure,

mediums, lighting and other related technology;

2. To demonstrate cultivation techniques, strategies,

infrastructure, mediums, lighting and other related technology;

3. To demonstrate the application and use of product

manufacturing technologies;

4. To conduct genomic, horticultural or agricultural research;

and

5. To conduct research on marijuana-affiliated products or

systems.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1191

F. As part of the application process for a medical marijuana

education facility license, an applicant shall submit to the

Authority a description of the project and curriculum that the

applicant intends to conduct and whether the project and curriculum

will be conducted with a public institution or using public money.

If the project and curriculum will not be conducted with a public

institution or with public money, the Authority shall grant the

application. If the research will be conducted with a public

institution or public money, the Authority shall review the research

project of the applicant to determine if it meets the requirements

of this section and to assess the following:

1. The quality, study design, value or impact of the project;

2. Whether the applicant has the appropriate personnel,

expertise, facilities, infrastructure, funding and human, animal or

other approvals in place to successfully conduct the project; and

3. Whether the amount of marijuana to be grown by the applicant

is consistent with the scope and goals of the project.

If the Authority determines that the education project does not meet

the requirements of this section or assesses the criteria to be

inadequate, the application shall be denied.

G. A medical marijuana education facility licensee may only

transfer, by sale or donation, marijuana grown within its operation

to medical marijuana research licensees. The Authority may revoke a

medical marijuana education facility license for violations of this

section and any other violation of applicable laws, rules and

regulations.

H. A medical marijuana education facility licensee may contract

to perform research in conjunction with a public higher education

research institution or another research licensee.

I. The growing, cultivating, possessing or transferring, by

sale or donation, of marijuana in accordance with this section and

the rules promulgated pursuant thereto, by a medical marijuana

education facility licensee shall not be a criminal or civil offense

under state law. A medical marijuana education facility license

shall be issued in the name of the applicant and shall specify the

location in this state at which the medical marijuana education

facility licensee intends to operate. A medical marijuana education

facility licensee shall not allow any other person to exercise the

privilege of the license.

J. Submission of an application for a medical marijuana

education facility license shall constitute permission for entry to

and inspection of the facility of the medical marijuana education

facility licensee during hours of operation and other reasonable

times. Refusal to permit such entry for inspection shall constitute

grounds for the nonrenewal, suspension, or revocation of the medical

marijuana education facility license. The Authority, the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma

Oklahoma Statutes - Title 63. Public Health and Safety Page 1192

State Bureau of Investigation, and the Attorney General may perform

an unannounced, on-site inspection of the operations and any

facility of the medical marijuana education facility licensee. If

the Authority receives a complaint concerning noncompliance by a

medical marijuana education facility licensee, the Authority, the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the

Oklahoma State Bureau of Investigation, and the Attorney General may

conduct additional unannounced, on-site inspections beyond the

inspections provided for in Section 427.6 of this title. The

Authority shall refer all complaints alleging criminal activity that

are made against a licensed medical marijuana education facility to

appropriate state or local law enforcement authorities.
Okla. Stat. tit. 63, § 63-1-233 — OK Code / Title 63 / Section 63-1-233
Providers as state employees - Protection from liability
Status: in_force

- Employment contracts.

A. Persons licensed to practice medicine and surgery or who are

licensed osteopathic physicians and surgeons or who are certified

nurse-midwives, advanced nurse practitioners and who provide

prenatal, delivery, infant care services and other child or adult

health services to State Department of Health clients pursuant to

and in strict compliance with all terms of a contract with the State

Department of Health authorized by paragraph 3 of subsection B of

Section 1-106 of this title, shall be considered employees of the

state for purposes of The Governmental Tort Claims Act only, but

only insofar as actions within the employee's scope of employment as

specified by the terms of the contract.

B. Such contracts shall provide that any prenatal, delivery and

infant care services rendered by the provider shall fully comply

with the Standards for Ambulatory Obstetrical Care of the American

College of Obstetrics and Gynecology and the Perinatal Care

Guidelines of the American College of Obstetrics and Gynecology and

the American Academy of Pediatrics as adopted and incorporated into

the Standards and Guidelines for Public Providers of Maternity

Services of the State Department of Health in order to entitle the

provider to the limited liability provided by subsection A of this

section.

C. Any contract executed pursuant to this section shall state

with specificity, the exact services to be provided and the

particular services which shall entitle the provider to the limited

liability provided by subsection A of this section.

D. Any services provided or contracts entered into pursuant to

this act shall include only those activities designed to promote the

healthiest possible outcomes for mother and child. The prenatal and

postnatal services provided with these funds shall be used solely to

provide health care services for pregnant women, decrease infant

mortality and facilitate the birth of a live child. For purposes of

this act, “health care services” does not include abortion, abortion

referral, or abortion counseling. This subsection shall be

inseverable from this section.
Okla. Stat. tit. 63, § 63-1-319 — OK Code / Title 63 / Section 63-1-319
Disinterment Permit - Notice of Disinterment and
Status: in_force

Reinterment.

A. A burial transit permit issued under the laws of another

state which accompanies a dead body or fetus brought into this state

shall be authority for final disposition of the body or fetus in

this state.

B. A disinterment permit shall be required prior to

disinterment of a dead body or fetus except as authorized by

regulation or otherwise provided by law. Such permit shall be

issued by the Commissioner of Health to a licensed funeral director,

embalmer, or other person acting as such, upon proper application.

C. Application for a disinterment shall include the consent of

the next of kin. The consent of the next of kin shall be completed

by the next of kin in order of priority as established in Section

1158 of Title 21 of the Oklahoma Statutes.

D. If the dead body or fetus is to be disinterred and

reinterred in the same cemetery, a disinterment permit is not

required.

E. If the dead body or fetus is to be disinterred and

reinterred in the same cemetery, a notice of disinterment and

reinterment shall be completed, signed by the funeral director and

Oklahoma Statutes - Title 63. Public Health and Safety Page 194

the next of kin, and then submitted to the State Department of

Health within five (5) days of such action.

F. The forms for the Disinterment Permit and Notice of

Disinterment and Reinterment shall be obtained from the Department.
Okla. Stat. tit. 63, § 63-1-741.3 — OK Code / Title 63 / Section 63-1-741.3
Patient Protection and Affordable Care Act - Qualified
Status: in_force

insurance plans - Elective abortion prohibited.

A. Pursuant to the Patient Protection and Affordable Care Act,

P.L. 111-148, all qualified health plans offered through an Exchange

established in the state are prohibited from including elective

abortion coverage. Nothing in this section shall be construed as

preventing anyone from purchasing optional supplemental coverage for

elective abortions for which there must be paid a separate premium

in accordance with subsection D of this section in the health

insurance market outside of the Exchange.

B. No health plan, including health insurance contracts, plans

or policies, offered outside of an Exchange, but within the state,

shall provide coverage for elective abortions except by optional

separate supplemental coverage for abortion for which there must be

paid a separate premium in accordance with subsection D of this

section.

C. For purposes of this section, “elective abortion” means an

abortion for any reason other than to prevent the death of the

mother upon whom the abortion is performed; provided, however, that

an abortion may not be deemed one to prevent the death of the mother

based on a claim or diagnosis that she will engage in conduct which

will result in her death.

D. The issuer of any health plan providing elective abortion

coverage shall:

1. Calculate the premium for such coverage so that it fully

covers the estimated cost of covering elective abortions per

enrollee as determined on an average actuarial basis. In

calculating such premium, the issuer of the plan shall not take into

account any cost reduction in any health plan covering an enrollee

estimated to result from the provision of abortion coverage,

including prenatal care, delivery or postnatal care;

2. If the enrollee is enrolling in a health plan providing any

other coverage at the same time as the enrollee is enrolling in a

plan providing elective abortion coverage, require a separate

signature, distinct from that to enroll in the health plan providing

other coverage, in order to enroll in the separate supplemental plan

providing elective abortion coverage; and

3. Provide a notice to enrollees at the time of enrollment

that:

Oklahoma Statutes - Title 63. Public Health and Safety Page 383

a. specifically states the cost of the separate premium

for coverage of elective abortions distinct and apart

from the cost of the premium for any health plan

providing any other coverage in any health plan

covering an enrollee,

b. states that enrollment in elective abortion coverage

is optional, and

c. if the enrollee is enrolling in a health plan

providing any other coverage at the same time as the

enrollee is enrolling in a plan providing elective

abortion coverage, states that the enrollee may choose

to enroll in the plan providing other coverage without

enrolling in the plan providing elective abortion

coverage.

E. The issuer of any health plan providing any coverage other

than elective abortion shall not discount or reduce the premium for

such coverage on the basis that an enrollee has elective abortion

coverage.

F. Any employer who offers employees a health plan providing

elective abortion coverage shall, at the time of beginning

employment and at least once in each calendar year thereafter,

provide each employee the option to choose or reject the separate

supplemental elective abortion coverage.

G. Any entity offering a group health plan providing separate

supplemental elective abortion coverage, other than employers

offering such a plan to their employees, shall, at the time each

group member begins coverage and at least once in each calendar year

thereafter, provide each group member the option to choose or reject

the separate supplemental elective abortion coverage.

H. Nothing in this section shall be construed to apply in

circumstances in which federal law preempts state health insurance

regulation.Oklahoma Statutes - Title 63. Public Health and Safety Page 11
Okla. Stat. tit. 63, § 63-123.5 — OK Code / Title 63 / Section 63-123.5
Violations - Penalties
Status: in_force

A. In the enforcement of the Oklahoma Explosives and Blasting

Regulation Act pursuant to this division, any person who violates

any permit condition or who violates any other provision of the

Oklahoma Explosives and Blasting Regulation Act or rules promulgated

thereto pursuant to this division may be assessed an administrative

penalty by the Department. Such penalty shall not exceed Five

Thousand Dollars ($5,000.00) for each violation. Each day of

continuing violation may be deemed a separate violation for purposes

of penalty assessments. In determining the amount of the penalty,

consideration shall be given to the person's history of previous

violations regarding explosives and blasting operation; the

seriousness of the violation, including any irreparable harm to the

environment and any hazard to the health or safety of the public;

whether the person was negligent; and the demonstrated good faith of

the person charged in attempting to achieve rapid compliance after

notification of the violation.

B. An administrative penalty shall be assessed by the

Department only after the person charged with a violation described

under subsection A of this section has been given an opportunity for

a hearing pursuant to Article II of the Administrative Procedures

Act. Where such a hearing has been held, the Department shall make

findings of fact, and shall issue a written decision as to the

occurrence of the violation and the amount of the penalty which is

warranted, incorporating, when appropriate, an order therein

requiring that the penalty be paid. When appropriate, the

Department shall consolidate such hearings with other proceedings

Oklahoma Statutes - Title 63. Public Health and Safety Page 1071

under the Oklahoma Explosives and Blasting Regulation Act. Any

hearing under this section shall be of record. Where the person

charged with such a violation fails to avail himself of the

opportunity for a hearing, an administrative penalty shall be

assessed by the Department after determining that a violation did

occur, and the amount of the penalty which is warranted, and issuing

an order requiring that the penalty be paid.

C. Upon the issuance of a notice or order charging that a

violation of the Oklahoma Explosives and Blasting Regulation Act has

occurred, the Department shall inform the operator within thirty

(30) days of the proposed amount of said penalty. The person

charged with the penalty shall then have thirty (30) days to pay the

proposed penalty in full or, if the person wishes to contest either

the amount of the penalty or the fact of the violation, forward the

proposed amount to the Department for placement in an escrow

account. If through administrative or judicial review of the

proposed penalty, it is determined that no violation occurred, or

that the amount of the penalty should be reduced, the Department

shall within thirty (30) days remit the appropriate amount to the

person.

D. Administrative penalties owed under the Oklahoma Explosives

and Blasting Regulation Act may be recovered in a civil action

brought by the Attorney General or any district attorney in the

district in which the violation occurred at the request of the

Department in the appropriate district court. Such action, also,

may be brought by the Department.

E. Any person who willfully and knowingly violates a condition

of a permit issued pursuant to this division or fails or refuses to

comply with any order issued under this division, or any order

incorporated in a final decision issued by the Department under this

division, shall, upon conviction, be punished by a fine of not more

than Ten Thousand Dollars ($10,000.00) or by imprisonment for not

more than one (1) year, or both.

F. Whenever a corporate permittee violates a condition of a

permit issued pursuant to this division or fails or refuses to

comply with any order issued under this division, or any order

incorporated in a final decision issued by the Executive Director of

the Department of Mines under this division, any director, officer

or agent of such corporation who willfully and knowingly authorized,

ordered or carried out such violation, failure or refusal shall be

subject to the same administrative penalties, fines and imprisonment

that may be imposed upon a person under subsections A and E of this

section.

G. Whoever knowingly makes any false statement, representation

or certification, or knowingly fails to make any statement,

representation or certification in any application, record, report,

plan or other document filed or required to be maintained pursuant

Oklahoma Statutes - Title 63. Public Health and Safety Page 1072

to this division or any order of decision issued by the Department

under this division, shall, upon conviction, be punished by a fine

of not more than Ten Thousand Dollars ($10,000.00) or by

imprisonment for not more than one (1) year, or both.

H. Any person who fails to correct a violation for which a

citation has been issued within the period permitted for its

correction shall be assessed an administrative penalty of not less

than Seven Hundred Fifty Dollars ($750.00) for each day during which

such failure or violation continues.

The period permitted for corrections of violations shall not end

until:

1. The entry of a final order by the Department after an

expedited hearing which ordered the suspension of the abatement

requirements of the citation because it was determined that the

person will suffer irreparable loss or damage from the application

of the abatement requirements; or

2. The entry of an order by a court in any review proceedings

initiated by the person in which the court orders the suspension of

the abatement requirements.

I. Any person who shall, except as permitted by law, willfully

resist, prevent, impede or interfere with the Department or any of

the agents or employees thereof in the performance of duties

pursuant to this division shall, upon conviction, be punished by a

fine of not more than Five Thousand Dollars ($5,000.00), or by

imprisonment for not more than one (1) year, or both.
Okla. Stat. tit. 63, § 63-1-1948 — OK Code / Title 63 / Section 63-1-1948
Employment of sex or violent offenders prohibited
Status: in_force

The State Long-Term Care Ombudsman is prohibited from employing

or designating any state, area or local long-term care ombudsman

whether paid or unpaid, who is registered pursuant to the Sex

Offenders Registration Act or the Mary Rippy Violent Crime Offenders

Registration Act.
Okla. Stat. tit. 63, § 63-1-1951.1 — OK Code / Title 63 / Section 63-1-1951.1
Rules and implementation
Status: in_force

The State Board of Health and the War Veterans Commission shall

promulgate rules to implement the provisions of this act.
Okla. Stat. tit. 63, § 63-3277 — OK Code / Title 63 / Section 63-3277
Medicaid eligibility criteria - Determination
Status: in_force

The Oklahoma Health Care Authority shall continue to determine

eligibility criteria and standards for Medicaid recipients.
Okla. Stat. tit. 63, § 63-1-1401 — OK Code / Title 63 / Section 63-1-1401
Definitions
Status: in_force

For the purposes of this article:

A. The term "drug" means:

1. Articles recognized in the official United States

Pharmacopoeia, official Homeopathic Pharmacopoeia of the United

States, or official National Formulary, or any supplement to any of

them;

2. Articles intended for use in the diagnosis, cure,

mitigation, treatment or prevention of disease in man or other

animals;

3. Articles, other than food, intended to affect the structure

or any function of the body of man or other animals; and

4. Articles intended for use as a component of any article

specified in paragraphs 1, 2 and 3 of this subsection; but does not

include devices or their components, parts or accessories.

B. The term "device", except when used in subsection K of this

section and in subsection (i) of Section 1-1402, subsection (c) of

Section 1-1409, and subsection (c) of Section 1-1411 of this title,

means instruments, apparatus and contrivances, including their

components, parts and accessories, intended:

1. For use in the diagnosis, cure, mitigation, treatment, or

prevention of disease in man or other animals; or

2. To affect the structure or any function of the body of man

or other animals.

C. The term "cosmetic" means:

1. Articles intended to be rubbed, poured, sprinkled or sprayed

on, introduced into, or otherwise applied to the human body or any

part thereof for cleansing, beautifying, promoting attractiveness or

altering the appearance; and

2. Articles intended for use as a component of any such

articles, except that such term shall not include soap.

D. The term "official compendium" means authoritative compendia

as identified by the Secretary of the United States Department of

Health and Human Services.

E. The term "label" means a display of written, printed or

graphic matter upon the immediate container of any article; and a

requirement made by or under authority of this article that any

word, statement, or other information appear on the label shall not

be considered to be complied with unless such work, statement, or

other information also appears on the outside container or wrapper,

if any there be, of the retail package of such article, or is easily

legible through the outside container or wrapper.

F. The term "immediate container" does not include package

liners.

G. The term "labeling" means all labels and other written,

printed or graphic matter:

Oklahoma Statutes - Title 63. Public Health and Safety Page 607

1. Upon an article or any of its containers or wrappers; or

2. Accompanying such article.

H. If an article is alleged to be misbranded because the

labeling is misleading, or if an advertisement is alleged to be

false because it is misleading, then, in determining whether the

labeling or advertisement is misleading, there shall be taken into

account (among other things) not only representations made or

suggested by statement, word, design, device, sound, or in any

combination thereof, but also the extent to which the labeling or

advertisement fails to reveal facts material in the light of such

representations or material with respect to consequences which may

result from the use of the article to which the labeling or

advertisement relates under the conditions of use prescribed in the

labeling or advertisement thereof or under such conditions of use as

are customary or usual.

I. The term "advertisement" means all representations

disseminated in any manner or by any means, other than labeling, for

the purpose of inducing, or which are likely to induce, directly or

indirectly, the purchase of drugs, devices, or cosmetics.

J. The representation of a drug, in its labeling or

advertisement, as an antiseptic shall be considered to be a

representation that it is a germicide, except in the case of a drug

purporting to be, or represented as, an antiseptic for inhibitory

use as a wet dressing, ointment, dusting powder, or such other use

as involves prolonged contact with the body.

K. The term "contaminated with filth" applies to any drug,

device, or cosmetic not securely protected from dust, dirt, and, as

far as may be necessary by all reasonable means, from all foreign or

injurious contaminations.

L. The provisions of this article regarding the selling of

drugs, devices, or cosmetics shall be considered to include the

manufacture, production, processing, packing, exposure, offer,

possession, and holding of any such article for sale; and the sale,

dispensing, and giving of any such article, and the supplying or

applying of any such article in the conduct of any drug or cosmetic

manufacturing establishment.

M. The term "Federal Act" means the Federal Food, Drug, and

Cosmetic Act, as amended.
Okla. Stat. tit. 63, § 63-1-857 — OK Code / Title 63 / Section 63-1-857
Time for submitting plans and specifications - Time for
Status: in_force

construction - Time for acquisition.

A. 1. A certificate of need issued pursuant to the provisions

of the Long-term Care Certificate of Need Act for the construction

or establishment of a new long-term care service or the expansion of

an existing service shall be valid for a period of six (6) months

during which time the applicant shall submit to the State Department

of Health the plans and specifications for the facility to be

constructed; however, the Department may extend such time by a

period not to exceed twelve (12) months for extraordinary

circumstances beyond the control of the applicant.

2. If no such plans and specifications are submitted within the

time required by this section, then such certificate shall be null

and void.

3. If plans and specifications are submitted, the Department

shall approve or disapprove such plans and specifications within

thirty (30) days of the filing or such plans and specifications

shall be presumed to be approved.

4. If the Department disapproves the plans and specifications,

such disapproval shall include a detailed statement of the

corrections needed.

5. The State Board of Health shall provide by rule the review

process and time deadlines not exceeding twelve (12) months for

approval or disapproval and resubmittal of initial, final and

corrected plans and specifications. The applicant’s failure to meet

the review process deadlines promulgated by the Board shall render

the certificate of need void.

6. The applicant must begin construction of the structure

within twelve (12) months following the approval of the final plans

and specifications and must proceed to complete the structure within

eighteen (18) months of the approval from the beginning of

construction or the certificate will be canceled. However, the

Department may extend such completion day by a period not to exceed

twenty-four (24) months for good cause upon the applicant’s

demonstration that the applicant has made a good faith effort to

complete the structure or modifications and that the delay is

unlikely to result in harm to the population to be served by the

applicant.

B. A certificate of need issued pursuant to the provisions of

this act for the acquisition of a long-term care facility shall be

valid for a period of six (6) months by which time the acquisition

must be finalized, provided that the Department may extend such

final date by a period not to exceed twelve (12) months for good

cause.

C. Pending the appeal of an order granting a certificate of

need in the district or Supreme Court, the effective dates of

deadlines for submitting plans, filing reports, completion of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 505

project and other requirements related to such project shall

commence on the date of a final judicial determination of any such

appeal, and any certificate of need which has been approved by the

Department shall remain in effect pending such appeal. The

effective date of the issuance of a certificate of need shall be the

date of a final judicial determination of any such appeal. The

provisions of this subsection shall have prospective and

retrospective application.
Okla. Stat. tit. 63, § 63-1-1990.12 — OK Code / Title 63 / Section 63-1-1990.12
Law enforcement duties
Status: in_force

A. When a law enforcement agency receives notice of a

critically missing adult, the agency shall take the following

actions:

1. Enter the missing individual into the National Crime

Information Center (NCIC) database immediately upon obtaining the

necessary information for NCIC pursuant to the guidance of the

Federal Bureau of Investigation (FBI);

2. Conduct an investigation into the disappearance of the

critically missing adult to determine whether the person has likely

been abducted or taken against his or her will; and

3. Collect identifying information and any other information

about the critically missing adult that might be useful to the

general public for the safe recovery of the person.

B. A Kasey Alert shall be activated if a law enforcement agency

receives notice of a critically missing adult, takes the actions

required in subsection A of this section, and determines that there

is sufficient information to issue the Kasey Alert.
Okla. Stat. tit. 63, § 63-1099 — OK Code / Title 63 / Section 63-1099
Appeals
Status: in_force

Any person or business concern aggrieved by final administrative

determination, as provided by the Administrative Procedures Act,

concerning eligibility for relocation payments authorized by this

act may appeal such determination to the district court of the

district in which the land taken for public use is located or in

which the project is conducted.
Okla. Stat. tit. 63, § 63-1-740.2A — OK Code / Title 63 / Section 63-1-740.2A
Evaluation and counseling session
Status: in_force

A. Prior to the court hearing for judicial waiver pursuant to

Section 1-740.3 of Title 63 of the Oklahoma Statutes, the court may

require the pregnant unemancipated minor to participate in an

evaluation and counseling session with a mental health professional

from the State Department of Health. Such evaluation shall be

confidential and scheduled expeditiously.

B. Such evaluation and counseling session shall be for the

purpose of developing trustworthy and reliable expert opinion

concerning the pregnant unemancipated minor's sufficiency of

knowledge, insight, judgment, and maturity with regard to her

abortion decision in order to aid the court in its decision and to

make the resources of the state available to the court for this

purpose. Persons conducting such sessions may employ the

information and printed materials referred to in Sections 1-738.2

and 1-738.3 of Title 63 of the Oklahoma Statutes in examining how

well the pregnant unemancipated minor is informed about pregnancy,

fetal development, abortion risks and consequences, and abortion

alternatives, and should also endeavor to verify that the pregnant

unemancipated minor is seeking an abortion of her own free will and

is not acting under coercion, intimidation, threats, abuse, undue

pressure, or extortion by any other persons.

C. The results of such evaluation and counseling shall be

reported to the court by the most expeditious means, commensurate

Oklahoma Statutes - Title 63. Public Health and Safety Page 367

with security and confidentiality, to assure receipt by the court

prior to a hearing on the petition of the pregnant unemancipated

minor.
Okla. Stat. tit. 63, § 63-1-860.7 — OK Code / Title 63 / Section 63-1-860.7
Patient care when patient unable to pay
Status: in_force

A hospice shall not discontinue or diminish care provided to a

patient already in its care because of the patient's inability to

pay for the care.
Okla. Stat. tit. 63, § 63-1-1918 — OK Code / Title 63 / Section 63-1-1918
Rights and responsibilities - Violations - Penalties
Status: in_force

A. All principles enumerated in this section shall be posted in

a conspicuous, easily accessible location in each facility. Each

resident and personally appointed representative of the resident, if

any, shall be verbally advised and provided a written copy of such

principles prior to or upon admission to the facility. The facility

shall ensure that its staff is familiar with and observes the rights

and responsibilities enumerated in this section. The facility shall

make available to each resident, upon reasonable request, a current

written statement of such rights and responsibilities.

B. A statement of rights and responsibilities shall include,

but not be limited to, the following:

1. Every resident's civil and religious liberties, including

the right to independent personal decisions and knowledge of

available choices, shall not be infringed upon and the facility

shall encourage and assist in the exercise of these rights;

2. Every resident shall have the right to have private

communications, including telephonic communications and visits and

consultations with a physician or an attorney, and meetings of

family and resident groups or any other person or persons of the

resident's choice, and may send and promptly receive, unopened, the

resident's personal mail;

3. a. Every resident shall have the right, without fear of

reprisal or discrimination, to:

(1) present grievances with respect to treatment or

care that is or fails to be furnished on behalf

of the resident or others to:

(a) the facility's staff,

(b) the facility's administrator,

(c) the facility's attending physician,

(d) the resident's personal physician, if any,

(e) governmental officials, or

(f) any other person, and

(2) organize or to join with other residents or

individuals within or outside of the facility to

work for improvements in resident care.

b. The family of a resident shall have the right to meet

in the facility with other residents' families.

c. Every resident shall have the right to prompt efforts

by the facility to resolve grievances the resident may

have, including those with respect to the behavior of

other residents;

Oklahoma Statutes - Title 63. Public Health and Safety Page 699

4. Every resident shall have the right to manage such

resident's own financial affairs, unless the resident delegates the

responsibility, in writing, to the facility. The resident shall

have at least a quarterly accounting of any personal financial

transactions undertaken in the resident's behalf by the facility

during any period of time the resident has delegated such

responsibilities to the facility;

5. Every resident shall have the right to receive adequate and

appropriate medical care consistent with established and recognized

medical practice standards within the community. Every resident,

unless adjudged to be mentally incapacitated, shall be fully

informed by the resident's attending physician of the resident's

medical condition and advised in advance of proposed treatment or

changes in treatment in terms and language that the resident can

understand, unless medically contraindicated, and to participate in

the planning of care and treatment or changes in care and treatment.

Every resident shall have the right to refuse medication and

treatment after being fully informed of and understanding the

consequences of such actions unless adjudged to be mentally

incapacitated;

6. Every resident shall receive respect and privacy in the

medical care program of the resident. Case discussion,

consultation, examination and treatment shall remain confidential

and shall be conducted discreetly. Personal and medical records

shall be confidential, and shall include such documentation or

information so as to alert a health care provider or an emergency

medical care facility of the existence of a directive to physicians

or a living will;

7. Every resident shall have the right to reside and to receive

services with reasonable accommodation of individual needs and

preferences, except where the health or safety of the individual or

other residents would be endangered;

8. a. Every resident shall be informed by the facility, at

the time of admission, of the facility's policy

regarding the provision of hospice services. The

facility's policy shall:

(1) specify whether the facility provides hospice

services, either directly or through contractual

arrangements with other hospice providers,

(2) specify whether the facility permits hospice

services to be provided in the facility by any

other hospice services or only by hospice

services contracted by the facility,

(3) provide that each resident shall receive a list

of hospice services with which the facility

contracts, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 700

(4) provide for complete disclosure to the resident

of the facility's relationship with any hospice

service that is the result of ownership or an

ownership interest of five percent (5%) or more.

b. If the facility provides hospice services through

contractual arrangements with hospice providers but

does not contract with at least three entities

providing hospice services within a fifty-mile radius

of the facility, it shall, upon the request of a

current facility resident, contract with additional

hospice providers within a fifty-mile radius of the

facility as necessary to provide the resident with a

choice of three providers. This requirement shall

cease to exist when the requesting resident is no

longer living in the facility.

c. A facility shall, at the point that a resident

requires hospice services, again inform the resident

or the personally appointed representative of the

resident, if any, verbally and in writing of the

resident's right to hospice services pursuant to the

facility's policy at the time of the resident's

admission;

9. Every resident shall have the right to receive notice before

the room or roommate of the resident in the facility is changed and

if the resident has a telephone in his or her room, the resident

must be informed of any charges to be incurred when moving;

10. Every resident shall have the right to retain and use

personal clothing and possessions, unless medically contraindicated,

and shall have the right to security in the storage and use of such

clothing and possessions;

11. Every resident shall have the right to receive courteous

and respectful care and treatment and a written statement of the

services provided by the facility, including those required to be

offered on an as-needed basis, and a statement of related charges,

including any costs for services not covered under Medicare or

Medicaid, or not covered by the facility's basic per diem rate;

12. Every resident shall be free from mental and physical abuse

and neglect, as such terms are defined in Section 10-103 of Title

43A of the Oklahoma Statutes, corporal punishment, involuntary

seclusion, and from any physical and chemical restraints imposed for

purposes of discipline or convenience and not required to treat the

resident's medical symptoms, except those restraints authorized in

writing by a physician for a specified period of time or as are

necessitated by an emergency where the restraint may only be applied

by a physician, qualified licensed nurse or other personnel under

the supervision of the physician who shall set forth in writing the

circumstances requiring the use of restraint. Use of a chemical or

Oklahoma Statutes - Title 63. Public Health and Safety Page 701

physical restraint shall require the consultation of a physician

within twenty-four (24) hours of such emergency;

13. Every resident shall receive a statement of the facility's

regulations and an explanation of the resident's responsibility to

obey all reasonable regulations of the facility and to respect the

personal rights and private property of the other residents;

14. Every resident shall receive a statement that, should they

be adjudicated incompetent and have no ability to be restored to

legal capacity, the above rights and responsibilities shall be

exercised by a court-appointed representative;

15. No resident shall be required to perform services for a

facility;

16. Every resident shall have privacy for spousal visits.

Every resident may share a room with the resident's spouse, if the

spouse is residing in the same facility;

17. When a physician indicates it is appropriate, a facility

shall immediately notify the resident's next of kin, or

representative of the resident's death or when the resident's death

appears to be imminent;

18. Every resident shall have the right to participate in

social, religious, and community activities that do not interfere

with the rights of other residents in the facility; and

19. Every resident shall have the right to examine, upon

reasonable request, the results of the most recent survey of the

facility conducted by the State Department of Health with respect to

the facility and any plan of correction in effect with respect to

the facility.

C. No licensed facility shall deny appropriate care on the

basis of the resident's source of payment as defined in the

regulations. Appropriate care shall not include duplication of

services by a nursing home, hospice, or any combination of care

providers.

D. Each facility shall prepare a written plan and provide

appropriate staff training to implement each resident's rights as

stated in this section.

E. Any person convicted of violating any provisions of this

section shall be 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), or imprisonment in the county jail for

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

imprisonment.

F. In addition to the penalties provided in this section, an

action may be brought against an individual by any resident who is

injured by any violation of this section, or who shall suffer injury

from any person whose threats would cause a violation of this

section if carried through, may maintain an action to prevent,

restrain or enjoin a violation or threatened violation. If a

Oklahoma Statutes - Title 63. Public Health and Safety Page 702

violation or threatened violation of this section shall be

established in any action, the court shall enjoin and restrain or

otherwise prohibit the violation or threatened violation and assess

in favor of the plaintiff and against the defendant the cost of the

suit. If damages are alleged and proved in the action, the

plaintiff shall be entitled to recover from the defendant the actual

damages sustained by the plaintiff. If it is proved in an action

that the defendant's conduct was willful or in reckless disregard of

the rights provided by this section, punitive damages may be

assessed.

G. Any employee of a state agency that inspects any nursing

facility or special facility shall report any flagrant violations of

this act or any other statute to the administrative head of the

state agency, who shall immediately take whatever steps are

necessary to correct the situation including, when appropriate,

reporting the violation to the district attorney of the county in

which the violation occurred.

H. Upon the death of a resident who has no sources of payment

for funeral services, the facility shall immediately notify

appropriate county officials who shall be responsible for funeral

and burial procedures of the deceased in the same manner as with any

indigent resident of the county.
Okla. Stat. tit. 63, § 63-1-2503v2 — OK Code / Title 63 / Section 63-1-2503v2
Definitions
Status: in_force

As used in the Oklahoma Emergency Response Systems Development

Act:

1. "Ambulance" means any ground, air or water vehicle which is

or should be approved by the State Commissioner of Health, designed

and equipped to transport a patient or patients and to provide

appropriate on-scene and en route patient stabilization and care as

required. Vehicles used as ambulances shall meet such standards as

may be required by the Commissioner for approval, and shall display

evidence of such approval at all times;

2. "Ambulance authority" means any public trust or nonprofit

corporation established by the state or any unit of local government

or combination of units of government for the express purpose of

providing, directly or by contract, emergency medical services in a

specified area of the state;

3. "Ambulance patient" or "patient" means any person who is or

will be transported in a reclining position to or from a health care

facility in an ambulance;

4. "Ambulance service" means any private firm or governmental

agency which is or should be licensed by the State Department of

Health to provide levels of medical care based on certification

standards promulgated by the Commissioner;

5. "Ambulance service district" means any county, group of

counties or parts of counties formed together to provide, operate

and finance emergency medical services as provided by Section 9C of

Article X of the Oklahoma Constitution or Sections 1201 through 1221

of Title 19 of the Oklahoma Statutes;

6. "Board" means the State Board of Health;

Oklahoma Statutes - Title 63. Public Health and Safety Page 822

7. "Certified emergency medical responder" means an individual

certified by the Department to perform emergency medical services in

accordance with the Oklahoma Emergency Response Systems Development

Act and in accordance with the rules and standards promulgated by

the Commissioner;

8. "Certified emergency medical response agency" means an

organization of any type certified by the Department to provide

emergency medical care and limited transport in an emergency vehicle

as defined in Section 1-103 of Title 47 of the Oklahoma Statutes. A

certified emergency medical response agency shall only provide

transport upon approval by the appropriate online medical control at

the time of transport. Certified emergency medical response

agencies may utilize certified emergency medical responders or

licensed emergency medical personnel; provided, however, that all

personnel so utilized shall function under the direction of and

consistent with guidelines for medical control;

9. "Classification" means an inclusive standardized

identification of stabilizing and definitive emergency services

provided by each hospital that treats emergency patients;

10. "CoAEMSP" means the Committee on Accreditation of

Educational Programs for the Emergency Medical Services Professions;

11. "Commissioner" means the State Commissioner of Health;

12. "Council" means the Trauma and Emergency Response Advisory

Council created in Section 1-103a.1 of this title;

13. "Critical care paramedic" or "CCP" means a licensed

paramedic who has successfully completed critical care training and

testing requirements in accordance with the Oklahoma Emergency

Response Systems Development Act and in accordance with the rules

and standards promulgated by the Commissioner;

14. "Department" means the State Department of Health;

15. "Emergency medical services system" means a system which

provides for the organization and appropriate designation of

personnel, facilities and equipment for the effective and

coordinated local, regional and statewide delivery of health care

services primarily under emergency conditions;

16. "Letter of review" means the official designation from

CoAEMSP to a paramedic program that is in the "becoming accredited"

process;

17. "Licensed emergency medical personnel" means an emergency

medical technician (EMT), an intermediate, an advanced emergency

medical technician (AEMT), or a paramedic licensed by the Department

to perform emergency medical services in accordance with the

Oklahoma Emergency Response Systems Development Act and the rules

and standards promulgated by the Commissioner;

18. "Licensure" means the licensing of emergency medical care

providers and ambulance services pursuant to rules and standards

Oklahoma Statutes - Title 63. Public Health and Safety Page 823

promulgated by the Commissioner at one or more of the following

levels:

a. basic life support,

b. intermediate life support,

c. paramedic life support,

d. advanced life support,

e. stretcher van, and

f. specialty care, which shall be used solely for

interhospital transport of patients requiring

specialized en route medical monitoring and advanced

life support which exceed the capabilities of the

equipment and personnel provided by paramedic life

support.

Requirements for each level of care shall be established by the

Commissioner. Licensure at any level of care includes a license to

operate at any lower level, with the exception of licensure for

specialty care; provided, however, that the highest level of care

offered by an ambulance service shall be available twenty-four (24)

hours each day, three hundred sixty-five (365) days per year.

Licensure shall be granted or renewed for such periods and under

such terms and conditions as may be promulgated by the Commissioner;

19. "Medical control" means local, regional or statewide

medical direction and quality assurance of health care delivery in

an emergency medical service system. Online medical control is the

medical direction given to licensed emergency medical personnel,

certified emergency medical responders and stretcher van personnel

by a physician via radio or telephone. Off-line medical control is

the establishment and monitoring of all medical components of an

emergency medical service system, which is to include stretcher van

service including, but not limited to, protocols, standing orders,

educational programs, and the quality and delivery of online

control;

20. "Medical director" means a physician, fully licensed

without restriction, who acts as a paid or volunteer medical advisor

to a licensed ambulance service and who monitors and directs the

care so provided. Such physicians shall meet such qualifications

and requirements as may be promulgated by the Commissioner;

21. "Region" or "emergency medical service region" means two or

more municipalities, counties, ambulance districts or other

political subdivisions exercising joint control over one or more

providers of emergency medical services and stretcher van service

through common ordinances, authorities, boards or other means;

22. "Regional emergency medical services system" means a

network of organizations, individuals, facilities and equipment

which serves a region, subject to a unified set of regional rules

and standards which may exceed, but may not be in contravention of,

those required by the state, which is under the medical direction of

Oklahoma Statutes - Title 63. Public Health and Safety Page 824

a single regional medical director, and which participates directly

in the delivery of the following services:

a. medical call-taking and emergency medical services

dispatching, emergency and routine including priority

dispatching of first response agencies, stretcher van

and ambulances,

b. emergency medical responder services provided by

emergency medical response agencies,

c. ambulance services, both emergency, routine and

stretcher van including, but not limited to, the

transport of patients in accordance with transport

protocols approved by the regional medical director,

and

d. directions given by physicians directly via radio or

telephone, or by written protocol, to emergency

medical response agencies, stretcher van or ambulance

personnel at the scene of an emergency or while en

route to a hospital;

23. "Regional medical director" means a licensed physician, who

meets or exceeds the qualifications of a medical director as defined

by the Oklahoma Emergency Response Systems Development Act, chosen

by an emergency medical service region to provide external medical

oversight, quality control and related services to that region;

24. "Registration" means the listing of an ambulance service in

a registry maintained by the Department; provided, however,

registration shall not be deemed to be a license;

25. "Stretcher van" means any ground vehicle which is or should

be approved by the State Commissioner of Health, which is designed

and equipped to transport individuals on a stretcher or gurney type

apparatus. Vehicles used as stretcher vans shall meet such

standards as may be required by the Commissioner for approval and

shall display evidence of licensure at all times. The Commissioner

shall not establish Federal Specification KKK-A-1822 ambulance

standards for stretcher vans; provided, a stretcher van shall meet

Ambulance Manufacturers Division (AMD) Standards 004, 012 and 013,

and shall pass corresponding safety tests. Stretcher van services

shall only be permitted and approved by the Commissioner in

emergency medical service regions, ambulance service districts, or

counties with populations in excess of five hundred thousand

(500,000) people. Notwithstanding the provisions of this paragraph,

stretcher van transports may be made to and from any federal or

state veterans facility. Stretcher vans may carry and provide

oxygen and may carry and utilize any equipment necessary for the

provision of oxygen;

26. "Stretcher van passenger" means any person who is or will

be transported in a reclining position on a stretcher or gurney, who

is medically stable, nonemergent and does not require any medical

Oklahoma Statutes - Title 63. Public Health and Safety Page 825

monitoring equipment or assistance during transport except oxygen.

Passengers must be authorized as qualified to be transported by

stretcher van. Passengers shall be authorized through screening

provided by a certified medical dispatching protocol approved by the

Department. All patients being transported to or from any medically

licensed facility shall be screened before transport. Any patient

transported without screening shall be a violation of Commissioner

rule by the transporting company and subject to administrative

procedures of the Department; and

27. "Transport protocol" means the written instructions

governing decision-making at the scene of a medical emergency by

ambulance personnel regarding the selection of the hospital to which

the patient shall be transported. Transport protocols shall be

developed by the regional medical director for a regional emergency

medical services system or by the Department if no regional

emergency medical services system has been established. Such

transport protocols shall adhere to, at a minimum, the following

guidelines:

a. nonemergency, routine transport shall be to the

facility of the patient's choice,

b. urgent or emergency transport not involving life-

threatening medical illness or injury shall be to the

nearest facility, or, subject to transport

availability and system area coverage, to the facility

of the patient's choice,

c. life-threatening medical illness or injury shall

require transport to the nearest health care facility

appropriate to the needs of the patient as established

by regional or state guidelines, and

d. emergency ambulance transportation is not required

when a patient's apparent clinical condition, as

defined by applicable medical treatment protocols,

does not warrant emergency ambulance transport, and

nontransport of patients is authorized pursuant to

applicable medical treatment protocols established by

the regional medical director.
Okla. Stat. tit. 63, § 63-1-749 — OK Code / Title 63 / Section 63-1-749
Preservation of fetal tissue extracted
Status: in_force

A. Any physician who performs an abortion on a minor who is

less than fourteen (14) years of age at the time of the abortion

shall preserve, in accordance with rules promulgated by the Oklahoma

State Bureau of Investigation, fetal tissue extracted during such

abortion. The physician shall submit the tissue to the Oklahoma

State Bureau of Investigation.

B. The Oklahoma State Bureau of Investigation shall adopt rules

to implement the provisions of this section. Such rules shall

contain, at a minimum:

1. The amount and type of fetal tissue to be preserved and

submitted by a physician pursuant to the provisions of this section;

2. Procedures for the proper preservation of such tissue for

the purposes of DNA testing and examination;

3. Procedures for documenting the chain of custody of such

tissue for use as evidence;

4. Procedures for the proper disposal of fetal tissue preserved

pursuant to this section;

5. A uniform reporting form mandated to be utilized by

physicians when submitting fetal tissue under this section, which

shall include the name and address of the physician submitting the

fetal tissue and the name and complete address of residence of the

parent or legal guardian of the minor upon whom the abortion was

performed; and

6. Procedures for communication with law enforcement regarding

evidence and information obtained pursuant to this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 432

C. Failure of a physician to comply with any requirement of

this section or any rule adopted thereunder:

1. Shall constitute unprofessional conduct pursuant to the

provisions of Section 509 of Title 59 of the Oklahoma Statutes; and

2. Is a Class D2 felony offense.
Okla. Stat. tit. 63, § 63-1-2530.9 — OK Code / Title 63 / Section 63-1-2530.9
Trauma Care Assistance 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 "Trauma

Care Assistance Revolving Fund". The fund shall be a continuing

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

all monies received by the State Department of Health from monies

apportioned thereto for purposes of this section. All monies

accruing to the credit of the fund are hereby appropriated and may

be budgeted and expended by the Department as follows:

1. Ninety percent (90%) of such monies shall be used to

reimburse recognized trauma facilities, licensed ambulance service

Oklahoma Statutes - Title 63. Public Health and Safety Page 846

providers and physicians for uncompensated trauma care expenditures

as documented in the statewide emergency medical services and trauma

analysis system developed pursuant to the provisions of Section 1-

2511 of this title. In lieu of or in combination with reimbursement

for uncompensated care, monies from the fund may also be used to

support readiness costs incurred by recognized trauma facilities

associated with ensuring a stable trauma care system with

availability of twenty-four-hour physician services for the

provision of trauma care. Any monies used for the treatment of

Medicaid-eligible patients that are subsequently used to establish

federal matching fund requirements shall also be reimbursed to

eligible trauma facilities, licensed ambulance service providers and

physicians; and

2. Ten percent (10%) of such monies shall be used by the

Department in the furtherance of its powers and duties set forth in

the Oklahoma Emergency Response Systems Development Act.

B. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.

C. The State Board of Health shall establish by rule a formula

and procedure for the distribution of funds for uncompensated trauma

care and/or readiness costs that shall provide for the allocation of

funds to hospitals, ambulance service providers and physicians.

D. Annually, monies accumulated in the fund may be transferred

to the Oklahoma Health Care Authority, by order of the State

Commissioner of Health, to maximize Medicaid reimbursement of trauma

care. The Oklahoma Health Care Authority shall use these funds with

federal matching funds to reimburse hospitals, ambulance service

providers and physicians for trauma care provided to severely

injured patients who are participants in Medicaid.

E. An annual report detailing the disbursements from the fund

shall be provided on January 1 of each year to the Speaker of the

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

and the Chair of each health-related committee of both the House of

Representatives and the Senate.
Okla. Stat. tit. 63, § 63-4209.3 — OK Code / Title 63 / Section 63-4209.3
Making false statement in application for certificate
Status: in_force

of title or assignment thereof for stolen vessel or motor -

Penalties.

Any person who shall knowingly make any false statement of a

material fact, either in his application for a certificate of title,

as provided for in this title, or in any assignment thereof, or who,

with intent to procure or pass title to a vessel or motor which he

knows or has reason to believe has been stolen, or who shall receive

or transfer possession of the same from or to another, or who shall

have in his possession any vessel or motor which he knows or has

reason to believe has been stolen, and who is not a duly authorized

peace officer of this state engaged at the time in the performance

of his duty as such officer, upon conviction, shall be guilty of a

Class D1 felony offense and shall be punished by a fine of not less

than One Hundred Dollars ($100.00) and not more than Five Thousand

Oklahoma Statutes - Title 63. Public Health and Safety Page 1666

Dollars ($5,000.00), or 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, at the discretion of the court.

This provision shall not be exclusive of any other penalties

prescribed by an existing or future law for the larceny or

unauthorized taking of a vessel or motor.
Okla. Stat. tit. 63, § 63-708 — OK Code / Title 63 / Section 63-708
Public shootings sponsored by non-profit organizations
Status: in_force

exempt.

Nothing in this act shall apply to turkey shoots or similar

types of public shootings sponsored by civic, fraternal, veterans,

or other nonprofit organizations.
Okla. Stat. tit. 63, § 63-2702 — OK Code / Title 63 / Section 63-2702
Medical report - Immunity
Status: in_force

Any licensed surgeon, medical doctor, osteopathic physician,

optometrist, dentist, intern or registered nurse who, from attending

or examining an individual, concludes that such individual is blind

or visually impaired to a material and uncorrected extent, and in

good faith participates in the making of written report of said

conclusion to the Division of Services for the Blind and Visually

Impaired of the State Department of Rehabilitation Services, shall

have immunity from liability, civil and criminal, for so reporting.
Okla. Stat. tit. 63, § 63-4031 — OK Code / Title 63 / Section 63-4031
Boat liveries - Records - Safety equipment - Compliance
Status: in_force

with act.

A. The owner of a boat livery shall cause to be kept a record

of the name and address of the person or persons hiring any vessel,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1637

the identification number of such vessel, the number of occupants of

said vessel, the departure date and time, and the expected date and

time of return. The record shall be preserved for at least six (6)

months.

B. Neither the owner of a boat livery nor his agent or employee

shall permit any vessel to be operated or to depart from his

premises unless it shall have been provided, either by owner or

renter, with the equipment required pursuant to the Oklahoma Boating

Safety Regulation Act and any rules promulgated thereto.

C. The owner of a boat livery shall be required to comply with

the Oklahoma Vessel and Motor Registration Act, Section 4002 et seq.

of this title.
Okla. Stat. tit. 63, § 63-1-1950.8 — OK Code / Title 63 / Section 63-1-1950.8
Criminal history records and nontechnical services
Status: in_force

worker abuse registry search – Temporary employment.

A. 1. Before any nursing facility makes an offer to employ a

nontechnical services worker applicant subject to subsection A of

Section 1-1950.7 of this title on or after the effective date of

Sections 1-1950.6 through 1-1950.9 of this title, to provide

nontechnical services, the nursing facility shall:

a. provide for a criminal history records search to be

conducted upon the nontechnical services worker

applicant pursuant to the provisions of the Long-Term

Care Security Act, and

b. check with the Department to determine whether the

name of the applicant seeking employment appears on

the nontechnical services worker abuse registry

created pursuant to the provisions of Section 1-1950.7

of this title. If the name of the applicant seeking

employment with the nursing facility is listed on the

abuse registry as having a final Department

investigative finding or an Administrative Law Judge

finding pursuant to the requirements of Section 1-

1950.7 of this title, and the Department has allowed

for notice and opportunity for due process for such

applicant, the nursing facility shall not hire the

applicant.

2. 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 in

rulemaking, an employer is authorized to obtain any criminal history

background records maintained by the Oklahoma State Bureau of

Investigation pursuant to the following:

a. the employer shall request the Bureau to conduct a

criminal history background check on the nontechnical

services worker 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,

b. an employer may make an offer of temporary employment

to a nontechnical services worker 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 employment. The employer

Oklahoma Statutes - Title 63. Public Health and Safety Page 768

shall not hire or contract with the nontechnical

services worker on a permanent basis until the results

of the criminal history background check are received,

c. an employer may accept a criminal history background

report less than one (1) year old of a nontechnical

services worker to whom such employer makes an offer

of employment or employment contract. 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

d. 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 nontechnical

services worker.

B. Every nursing facility shall inform each nontechnical

services worker applicant for employment of the requirement to

obtain a criminal check and an abuse registry review before making

an offer of permanent employment with a nontechnical services worker

applicant.

C. A nursing facility shall not hire or contract with and shall

immediately terminate the employment, contract or volunteer

arrangement of any applicant, contract worker or employee for whom

the results of a criminal history records search from any

jurisdiction reveals that such person has a disqualifying criminal

offense listed in subsection C of Section 1-1950.1 of this title.

D. All employment eligibility determination records received by

the nursing facility are for the exclusive use of the State

Department of Health and the nursing facility that requested the

information. Except as otherwise provided by Sections 1-1950.6

through 1-1950.9 of this title or upon court order or with the

written consent of the person being investigated, the employment

eligibility determination records shall not be released or otherwise

disclosed to any other person or agency.

E. Any person releasing or disclosing any information in

violation of this section, upon conviction thereof, shall be guilty

of a misdemeanor.

F. As part of any inspections required by law, the Department

shall review the employment files of the nursing facility required

to conduct a criminal history records search to ensure compliance

with the provisions of this section.
Okla. Stat. tit. 63, § 63-3131.14 — OK Code / Title 63 / Section 63-3131.14
Application of act
Status: in_force

The provisions of the Oklahoma Do-Not-Resuscitate Act apply to

all persons regardless of whether or not they have completed an

advance directive for health care, provided that the provisions of

the Oklahoma Do-Not-Resuscitate Act may not be construed to

authorize issuance of a do-not-resuscitate order in violation of a

currently valid advance directive for health care.
Okla. Stat. tit. 63, § 63-123.4 — OK Code / Title 63 / Section 63-123.4
Rules - Fees
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1070

A. The Department of Mines shall promulgate the necessary rules

to implement the provisions of this Division. Rules promulgated by

the Department shall include but not be limited to requirements for

blasting plans, use of explosives, public notices, and records.

B. The Department of Mines may establish a schedule of fees to

be charged for applications for or issuance of new and renewed

certifications and permits required pursuant to this division. The

fees shall be subject to the following provisions:

1. The Department shall follow the procedures required by the

Administrative Procedures Act for promulgating rules in establishing

or amending any such schedule of fees;

2. The Department shall base its schedule of fees upon the

reasonable costs of operating the programs specified by this

division; and

3. The fees authorized by this section shall not be implemented

by emergency rule but shall be adopted by permanent rules, which

shall be submitted to the Legislature for review pursuant to Section

308 of Title 75 of the Oklahoma Statutes prior to implementation.
Okla. Stat. tit. 63, § 63-695.4 — OK Code / Title 63 / Section 63-695.4
Procedural plans and programs - Requests for assistance
Status: in_force

- Consultation between jurisdictions - Discretion.

A. It shall be the responsibility of each jurisdiction to

formulate procedural plans and programs for interjurisdictional

cooperation in the performance of the responsibilities listed in

this section. In formulating such plans, and in carrying them out,

the jurisdictions, insofar as practical, shall:

1. Review individual jurisdictional hazards analyses and, to the

extent reasonably possible, determine all those potential

emergencies the jurisdictions might jointly suffer, whether due to

natural or man-made disasters or emergencies;

2. Review individual emergency plans of the jurisdictions and

develop a plan that will determine the mechanism for the

interjurisdictional management and provision of assistance

concerning any potential emergency;

3. Develop interjurisdictional procedures to fill any identified

gaps and to resolve any identified inconsistencies or overlaps in

existing or developed plans;

4. Assist in warning communities adjacent to or crossing the

jurisdictional boundaries;

5. Protect and assure uninterrupted delivery of services,

medicines, water, food, energy and fuel, search and rescue, critical

lifeline equipment, and resources, both human and material;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1276

6. Inventory and set procedures for the interjurisdictional loan

and delivery of human and material resources, together with

procedures for reimbursement or forgiveness; and

7. Provide, to the extent authorized by law, for temporary

suspension of any statutes or ordinances that restrict the

implementation of the above responsibilities.

All jurisdictions should use and conform to the current national

standard for on-scene management and command systems.

B. The authorized representative of a jurisdiction may request

assistance of another jurisdiction by contacting the authorized

representative of that jurisdiction. The provisions of the Oklahoma

Intrastate Mutual Aid Compact shall apply only to requests for

assistance made by and to authorized representatives. Requests may

be verbal or in writing. If verbal, the request shall be confirmed

in writing within thirty (30) days of the verbal request. Requests

shall provide the following information:

1. A description of the emergency service function for which

assistance is needed including, but not limited to, fire services,

law enforcement, emergency medical, transportation, communications,

public works and engineering, building inspection, planning and

information assistance, mass care, resource support, health and

medical services, and search and rescue;

2. The amount and type of personnel, equipment, materials and

supplies needed and a reasonable estimate of the length of time they

will be needed; and

3. The specific place and time for staging of the response of

the assisting party and a point of contact at that location.

C. There shall be frequent consultation between jurisdiction

officials who have assigned emergency management responsibilities

and other appropriate representatives of the jurisdictions with

affected jurisdictions, with free exchange of information, plans,

and resource records relating to emergency capabilities.

D. Jurisdictions shall not be obligated under the Compact to

send the requested assistance, and assistance may be withdrawn at

any time in the sole and absolute discretion of the jurisdiction.
Okla. Stat. tit. 63, § 63-6301 — OK Code / Title 63 / Section 63-6301
Reports required from health care providers, coroners,
Status: in_force

medical examiners, or pharmacists.

A. A health care provider, coroner, or medical examiner shall

report all cases of persons who harbor any illness or health

condition that may be potential cause of a catastrophic health

emergency. Reportable illnesses and health conditions include, but

are not limited to, the diseases caused by the biological agents

listed in 42 C.F.R., Section 72, app. A (2000) and any illnesses or

health conditions identified by the public health authority.

B. In addition to the foregoing requirements for health care

providers, a pharmacist shall report any unusual or increased

prescription rates, unusual types of prescriptions, or unusual

trends in pharmacy visits that may be potential causes of a

catastrophic health emergency. Prescription-related events that

require a report include, but are not limited to:

1. An unusual increase in the number of prescriptions or over-

the-counter pharmaceuticals to treat conditions that the public

health authority identifies through regulations;

2. An unusual increase in the number of prescriptions for

antibiotics; and

3. Any prescription that treats a disease that is relatively

uncommon or may be associated with bioterrorism.

C. The report shall be made electronically or in writing within

twenty-four (24) hours to the public health authority. The report

shall include as much of the following information as is available:

the specific illness or health condition that is the subject of the

report; the name of the patient, date of birth, sex, race,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1767

occupation, and current home and work addresses, including city and

county; the name and address of the health care provider, coroner,

or medical examiner and of the reporting individual, if different;

and any other information needed to locate the patient for follow-

up. For cases related to animal or insect bites, the suspected

locating information of the biting animal or insect, and the name

and address of any known owner, shall be reported.

D. Any animal case of a zoonotic disease that is suspected to

be a bioterrorism event or associated with an outbreak shall be

reported to the State Veterinarian. Appropriate clinical specimens

will be required to be rapidly submitted for laboratory

confirmation. The State Veterinarian or State Veterinary Diagnostic

Laboratory Director or a designee will immediately report by

telephone confirmed veterinary cases of public health importance to

the State Department of Health.

E. For the purposes of this section, “health care provider”

shall include out-of-state medical laboratories, provided that the

out-of-state laboratories have agreed to the reporting requirements

of this state. Results must be reported by the laboratory that

performs the test, but an in-state laboratory that sends specimens

to an out-of-state laboratory is also responsible for reporting

results.

F. The public health authority may enforce the provisions of

this section in accordance with existing enforcement rules.
Okla. Stat. tit. 63, § 63-2200.11A — OK Code / Title 63 / Section 63-2200.11A
Persons who may receive anatomical gift - Purpose of
Status: in_force

gift.

A. An anatomical gift may be made to the following persons

named in the document of gift:

1. A hospital; accredited medical school, dental school,

college, or university; organ procurement organization; or other

appropriate person, for research or education as designated by the

State Anatomical Board;

2. Subject to subsection B of this section, an individual

designated by the person making the anatomical gift if the

individual is the recipient of the part; or

3. An eye bank or tissue bank.

B. If an anatomical gift to an individual under paragraph 2 of

subsection A of this section cannot be transplanted into the

individual, the part passes in accordance with subsection G of this

section in the absence of an express, contrary indication by the

person making the anatomical gift.

C. If an anatomical gift of one or more specific parts or of

all parts is made in a document of gift that does not name a person

described in subsection A of this section but identifies the purpose

for which an anatomical gift may be used, the following rules apply:

1. If the part is an eye and the gift is for the purpose of

transplantation or therapy, the gift passes to the appropriate eye

bank;

2. If the part is tissue and the gift is for the purpose of

transplantation or therapy, the gift passes to the appropriate

tissue bank;

3. If the part is an organ and the gift is for the purpose of

transplantation or therapy, the gift passes to the appropriate organ

procurement organization as custodian of the organ; and

4. If the part is an organ, an eye, or tissue and the gift is

for the purpose of research or education, the gift passes to the

appropriate anatomical donor program or non-transplant tissue bank

registered with the State Anatomical Board.

D. For the purpose of subsection C of this section, if there is

more than one purpose of an anatomical gift set forth in the

document of gift but the purposes are not set forth in any priority,

the gift must be used for transplantation or therapy, if suitable.

If the gift cannot be used for transplantation or therapy, the gift

may be used for research or education.

E. If an anatomical gift of one or more specific parts is made

in a document of gift that does not name a person described in

subsection A of this section and does not identify the purpose of

the gift, the gift may be used only for transplantation or therapy,

and the gift passes in accordance with subsection G of this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1359

F. If a document of gift specifies only a general intent to

make an anatomical gift by words such as "donor", "organ donor", or

"body donor", or by a symbol or statement of similar import, the

gift may be used for transplantation, research, or therapy, and the

gift passes in accordance with subsection G of this section.

G. For purposes of subsections B, E and F of this section, the

following rules apply:

1. If the part is an eye, the gift passes to the appropriate

eye bank;

2. If the part is tissue, the gift passes to the appropriate

tissue bank; and

3. If the part is an organ, the gift passes to the appropriate

organ procurement organization as custodian of the organ.

H. An anatomical gift of an organ for transplantation or

therapy, other than an anatomical gift under paragraph 2 of

subsection A of this section, passes to the organ procurement

organization as custodian of the organ.

I. If an anatomical gift does not pass pursuant to subsections

A through H of this section or the decedent's body or part is not

used for transplantation, therapy, research, or education, custody

of the body or part passes to the person under obligation to dispose

of the body or part.

J. A person may not accept an anatomical gift if the person

knows that the gift was not effectively made under Sections 2200.5A

or 2200.10A of this title or if the person knows that the decedent

made a refusal under Section 2200.7A of this title that was not

revoked. For purposes of this subsection, if a person knows that an

anatomical gift was made on a document of gift, the person is deemed

to know of any amendment or revocation of the gift or any refusal to

make an anatomical gift on the same document of gift.

K. Except as otherwise provided in paragraph 2 of subsection A

of this section, nothing in the Oklahoma Uniform Anatomical Gift Act

affects the allocation of organs for transplantation or therapy.
Okla. Stat. tit. 63, § 63-695.5 — OK Code / Title 63 / Section 63-695.5
Necessary actions and provisions - Powers, duties,
Status: in_force

rights and privileges of emergency forces - Command and control.

Any jurisdiction requested to render mutual aid or conduct

exercises and training for mutual aid shall take such action as is

necessary to provide and make available the resources covered by the

Oklahoma Intrastate Mutual Aid Compact in accordance with the terms

hereof; provided that it is understood that the jurisdiction

rendering aid may withhold resources to the extent necessary to

provide reasonable protection for its own jurisdiction.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1277

Each jurisdiction shall afford the emergency forces of any

jurisdiction, while operating within its jurisdictional limits under

the terms and conditions of the Compact, the same powers, duties,

rights, and privileges as are afforded forces of the jurisdiction in

which they are performing emergency services. Emergency forces will

continue under the command and control of their regular leaders, but

the organizational units will come under operational control of the

emergency services authorities of the jurisdiction receiving

assistance and must report to the incident check-in location for

assignment.Oklahoma Statutes - Title 63. Public Health and Safety Page 40

The Board of Medicolegal Investigations is hereby re-created. The members of the Board shall be: .... 1282

The Board shall provide for a central and eastern office and shall see that there is maintained a

laboratory suitably equipped with facilities for performance of the duties imposed by Section 931

The Chief Medical Examiner shall appoint medical examiners for the state. Each medical examiner

so appointed shall be a Doctor of Medicine or Osteopathic Medicine, shall hold a valid board

certification to practice forensic pathology in Oklahoma, and shall hold office at the pleasure of the

Chief Medical Examiner. The Chief Medical Examiner shall appoint a Deputy Chief Medical

Examiner to serve in the capacity of the Chief Medical Examiner in the event the Chief Medical

Upon completion of an investigation by the Office of the Chief Medical Examiner, the body of the

deceased shall be released to the person legally entitled to the custody thereof, or his or her

When attending a patient at time of death, physicians shall take care that the remains of the

deceased are left in such a state that will not hinder or unnecessarily complicate the preparation

for burial or other disposition, provided that nothing herein shall interfere with or restrict a

Oklahoma Statutes - Title 63. Public Health and Safety Page 41
Okla. Stat. tit. 63, § 63-5029 — OK Code / Title 63 / Section 63-5029
Mailing information to victims of domestic violence
Status: in_force

A. The Oklahoma Health Care Authority shall coordinate

with domestic violence sexual assault programs certified

by the Office of the Attorney General who provide

counseling services for victims of domestic violence to

ensure that any information relating to billing or

explanation of benefits (EOB) provided, maintained,

monitored or otherwise handled by the Authority or any

other state agency including, but not limited to, services

rendered by such facilities, is not sent by paper mail to the

actual physical address of persons receiving such services.

B. The Oklahoma Health Care Authority Board shall promulgate

rules to implement the provisions of this act.
Okla. Stat. tit. 63, § 63-1-120 — OK Code / Title 63 / Section 63-1-120
Confidentiality of data - Disclosure upon court order -
Status: in_force

Immunity from liability.

A. Except as otherwise provided by Section 1-119 of this title,

the individual forms, computer tapes, or other forms of data

collected by and furnished to the Division of Health Care

Information or to a data processor pursuant to the Oklahoma Health

Care Information System Act shall be confidential and shall not be

public records as defined in the Oklahoma Open Records Act.

B. After approval by the State Department of Health, the

compilations prepared for release or dissemination from the data

collected, except for a report prepared at the request of an

individual data provider containing information concerning only its

transactions, shall be public records.

C. The confidentiality of identifying information is to be

protected and the pertinent statutes, rules and regulations of this

state and of the federal government relative to confidentiality

shall apply.

D. Identifying information shall not be disclosed, and shall

not be used for any purpose except for the creation and maintenance

of anonymous medical case histories for statistical reporting and

data analysis.

E. The Division or other state agency receiving information

pursuant to the Oklahoma Health Care Information System Act shall be

subject to the same confidentiality restrictions imposed by state or

federal law as the public or private agency providing the

information and is prohibited from taking any administrative,

investigative or other action with respect to any individual on the

basis of the identifying information. The Division data analyzer or

other state agency receiving information pursuant to the Oklahoma

Health Care Information System Act is further prohibited from

identifying, directly or indirectly, any individual in any report of

scientific research or long-term evaluation, or otherwise disclosing

identities in any manner.

F. Except as otherwise authorized by the Oklahoma Health Care

Information System Act, identifying information submitted to the

Division which would directly or indirectly identify any person

shall not be disclosed by the Division either voluntarily or in

response to any legal process, unless directed to by a court of

competent jurisdiction, granted after application showing good cause

Oklahoma Statutes - Title 63. Public Health and Safety Page 96

therefor with notice of the hearing to the Division. In assessing

good cause the court shall only grant such application if it seeks

to challenge the statistical efficacy of a finding made by the

Division or alleges a violation of confidentiality by the Division.

Such application shall then be granted only when the public interest

and the need for disclosure outweighs the injury to the person, to

the physician-patient relationship, and to the treatment services.

Upon the granting of such order, the court, in determining the

extent to which any disclosure of all or any part of any record is

necessary, shall impose appropriate safeguards against unauthorized

disclosure.

G. Any person who submits or receives data as required or

authorized by the Oklahoma Health Care Information System Act shall

be immune from liability in any civil action for any action taken as

required by the provisions of the Oklahoma Health Care Information

System Act. This immunity is in addition to any other immunity for

the same or similar acts to which the person is otherwise entitled.

H. Any person who violates the confidentiality provisions of

this section shall be punishable by a fine of Five Thousand Dollars

($5,000.00).
Okla. Stat. tit. 63, § 63-2803 — OK Code / Title 63 / Section 63-2803
Establishment of basic or sophisticated system
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1422

Every public agency or public safety agency within its

respective jurisdiction may establish a basic or sophisticated

system. The establishment of such systems shall be centralized

where feasible. Any system established pursuant to the Oklahoma

Emergency Telephone Act may include a segment of the territory of a

public agency. All systems shall be designed to meet the

requirements of each community and public agency served by the

system. Every system, whether basic or sophisticated, may be

designed to have the capability of utilizing at least three of the

four methods specified in paragraphs 3, 8, 9 and 11 of Section 2802

of this title, in response to emergency calls. In addition to the

number “9-1-1”, a public agency or public safety agency may maintain

a separate secondary backup number, and shall maintain a separate

number for nonemergency telephone calls.
Okla. Stat. tit. 63, § 63-429 — OK Code / Title 63 / Section 63-429
Application of act – Destruction of plant parts not
Status: in_force

requiring medical marijuana waste disposal facility.

A. Medical marijuana waste shall be subject to the provisions

of the Oklahoma Medical Marijuana Waste Management Act and shall not

be subject to the provisions of the Uniform Controlled Dangerous

Substances Act. Nothing in the Oklahoma Medical Marijuana Waste

Management Act shall alter or affect the jurisdictional areas of

environmental responsibility of the Department of Environmental

Quality as provided for in Title 27A of the Oklahoma Statutes.

B. Commercial licensees, medical marijuana research facilities

and medical marijuana education facilities shall be authorized to

destroy the following marijuana plant parts without being required

to utilize the services of a medical marijuana waste disposal

facility:

1. Roots;

2. Stems;

3. Fan leaves;

4. Seeds; or

5. Stalks.

Unless restricted by local ordinance, commercial licensees,

medical marijuana research facilities and medical marijuana

Oklahoma Statutes - Title 63. Public Health and Safety Page 1205

education facilities shall be authorized to destroy the above-listed

marijuana plant parts on-site by open burning, incineration,

burying, mulching, composting or any other technique approved by the

Department of Environmental Quality.
Okla. Stat. tit. 63, § 63-1-229.20 — OK Code / Title 63 / Section 63-1-229.20
Regulation by agencies or political subdivisions
Status: in_force

restricted.

No agency or other political subdivision of the state,

including, but not limited to, municipalities, counties or any

agency thereof, may adopt any order, ordinance, rule or regulation

concerning the sale, purchase, distribution, advertising, sampling,

promotion, display, possession, licensing or taxation of tobacco

products, nicotine products or vapor products, except as provided in

Section 1511 of Title 68 of the Oklahoma Statutes, Section 1-1521 et

seq. of this title and Section 1247 of Title 21 of the Oklahoma

Statutes. Provided, however, nothing in this section shall preclude

or preempt any agency or political subdivision from exercising its

lawful authority to regulate zoning or land use or to enforce a fire

code regulation regulating smoking or tobacco products to the extent

that such regulation is substantially similar to nationally

recognized standard fire codes.
Okla. Stat. tit. 63, § 63-2602 — OK Code / Title 63 / Section 63-2602
Right of self-consent under certain conditions - Doctor
Status: in_force

patient privileges

A. Notwithstanding any other provision of law, the following

minors may consent to have services provided by health professionals

in the following cases:

1. Any minor who is married, has a dependent child or is

emancipated;

2. Any minor who is separated from his parents or legal

guardian for whatever reason and is not supported by his parents or

guardian;

3. Any minor who is or has been pregnant, afflicted with any

reportable communicable disease, drug and substance abuse or abusive

use of alcohol; provided, however, that such self-consent only

applies to the prevention, diagnosis and treatment of those

conditions specified in this section. Any health professional who

accepts the responsibility of providing such health services also

assumes the obligation to provide counseling for the minor by a

health professional. If the minor is found not to be pregnant nor

suffering from a communicable disease nor drug or substance abuse

nor abusive use of alcohol, the health professional shall not reveal

any information whatsoever to the spouse, parent or legal guardian,

without the consent of the minor;

4. Any minor parent as to his child;

5. Any spouse of a minor when the minor is unable to give

consent by reason of physical or mental incapacity;

6. Any minor who by reason of physical or mental capacity

cannot give consent and has no known relatives or legal guardian, if

two physicians agree on the health service to be given;

7. Any minor in need of emergency services for conditions which

will endanger his health or life if delay would result by obtaining

consent from his spouse, parent or legal guardian; provided,

however, that the prescribing of any medicine or device for the

prevention of pregnancy shall not be considered such an emergency

service; or

8. Any minor who is the victim of sexual assault; provided,

however, that such self-consent only applies to a forensic medical

examination by a qualified licensed health care professional.

If any minor falsely represents that he may give consent and a

health professional provides health services in good faith based

upon that misrepresentation, the minor shall receive full services

without the consent of the minor's parent or legal guardian and the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1409

health professional shall incur no liability except for negligence

or intentional harm. Consent of the minor shall not be subject to

later disaffirmance or revocation because of his minority.

B. The health professional shall be required to make a

reasonable attempt to inform the spouse, parent or legal guardian of

the minor of any treatment needed or provided under paragraph 7 of

subsection A of this section. In all other instances the health

professional may, but shall not be required to inform the spouse,

parent or legal guardian of the minor of any treatment needed or

provided. The judgment of the health professional as to

notification shall be final, and his disclosure shall not constitute

libel, slander, the breach of the right of privacy, the breach of

the rule of privileged communication or result in any other breach

that would incur liability.

Information about the minor obtained through care by a health

professional under the provisions of this act shall not be

disseminated to any health professional, school, law enforcement

agency or official, court authority, government agency or official

employer, without the consent of the minor, except through specific

legal requirements or if the giving of the information is necessary

to the health of the minor and public. Statistical reporting may be

done when the minor's identity is kept confidential.

The health professional shall not incur criminal liability for

action under the provisions of this act except for negligence or

intentional harm.
Okla. Stat. tit. 63, § 63-4253 — OK Code / Title 63 / Section 63-4253
Crimes and penalties - Exceptions - Punishment for second
Status: in_force

and subsequent offenses - Restitutions.

A. Any person who knowingly and with intent that a violation of

this section be committed:

1. Owns, operates, or conducts a chop shop;

2. Transports any vessel or motor or vessel or motor part to or

from a location knowing it to be a chop shop; or

3. Sells, transfers, purchases, or receives any vessel or motor

or vessel or motor part either to or from a location knowing it to

be a chop shop,

upon conviction, is guilty of a Class C1 felony offense, punishable

by imprisonment as provided for in subsections B through E of

Section 20L of Title 21 of the Oklahoma Statutes, or by a fine of

not more than One Hundred Thousand Dollars ($100,000.00), or both

such imprisonment and fine.

B. Any person who knowingly alters, counterfeits, defaces,

destroys, disguises, falsifies, forges, obliterates, or knowingly

removes a hull identification number, manufacturer's serial number

or other identification number with the intent to misrepresent the

identity or prevent the identification of a vessel or motor or

vessel or motor part, upon conviction, is guilty of a Class C2

felony offense, punishable by imprisonment as provided for in

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

Statutes, or by a fine of not more than One Hundred Thousand Dollars

($100,000.00), or both such imprisonment and fine.

C. 1. Any person who buys, disposes, sells, transfers, or

possesses a vessel or motor or vessel or motor part, with knowledge

that the hull identification number, manufacturer's serial number or

other identification number of the vessel or motor or vessel or

motor part has been altered, counterfeited, defaced, destroyed,

disguised, falsified, forged, obliterated, or removed, upon

conviction, is guilty of a Class D1 felony offense, punishable by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or by a fine of not more

than Fifty Thousand Dollars ($50,000.00), or both such imprisonment

and fine.

2. The provisions of paragraph 1 of this subsection shall not

apply to a vessel or motor scrap processor who, in the normal legal

course of business and in good faith, processes a vessel or motor or

vessel or motor part by crushing, compacting, or other similar

methods, provided that any hull identification number,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1697

manufacturer's serial number or other identification number is not

removed from the vessel or motor or vessel or motor part prior to or

during any such processing.

3. The provisions of paragraph 1 of this subsection shall not

apply to any owner or authorized possessor of a vessel or motor or

vessel or motor part which has been recovered by law enforcement

authorities after having been stolen or where the condition of the

hull identification number, manufacturer's serial number or other

identification number of the vessel or motor or vessel or motor part

is known to or has been reported to law enforcement authorities. It

shall be presumed that law enforcement authorities have knowledge of

all hull identification numbers, manufacturer's serial numbers or

other identification numbers on a vessel or motor or vessel or motor

part which are altered, counterfeited, defaced, disguised,

falsified, forged, obliterated, or removed, when law enforcement

authorities deliver or return the vessel or motor or vessel or motor

part to its owner or authorized possessor after it has been

recovered by law enforcement authorities after having been reported

stolen.

D. A person commits an attempt when, with intent to commit a

violation proscribed by subsection A, B or C of this section, the

person does any act which constitutes a substantial step toward the

commission of the violation proscribed by subsection A, B or C of

this section, and upon conviction is guilty of a Class C2 felony

offense, punishable by imprisonment as provided for in subsections B

through F of Section 20M of Title 21 of the Oklahoma Statutes, or by

a fine of not more than Fifty Thousand Dollars ($50,000.00), or both

such imprisonment and fine.

E. A person commits conspiracy when, with an intent that a

violation proscribed by subsection A, B or C of this section be

committed, the person agrees with another to the commission of the

violation proscribed by subsection A, B or C of this section, and

upon conviction is guilty of a Class D3 felony offense, punishable

by imprisonment as provided for in subsections B through F of

Section 20P of Title 21 of the Oklahoma Statutes, or by a fine of

not more than Twenty-five Thousand Dollars ($25,000.00), or both

such imprisonment and fine. No person may be convicted of

conspiracy under this section unless an act in furtherance of such

agreement is alleged and proved to have been committed by that

person or a coconspirator.

F. A person commits solicitation when, with intent that a

violation proscribed by subsection A, B or C of this section be

committed, the person commands, encourages, or requests another to

commit the violation proscribed by subsection A, B or C of this

section, and upon conviction is guilty of a Class D3 felony offense,

punishable by imprisonment as provided for in subsections B through

F of Section 20P of Title 21 of the Oklahoma Statutes, or by a fine

Oklahoma Statutes - Title 63. Public Health and Safety Page 1698

of not more than Ten Thousand Dollars ($10,000.00), or both such

imprisonment and fine.

G. A person commits aiding and abetting when, either before or

during the commission of a violation proscribed by subsection A, B

or C of this section, with the intent to promote or facilitate such

commission, the person aids, abets, agrees or attempts to aid

another in the planning or commission of the violation proscribed by

subsection A, B or C of this section, and upon conviction is guilty

of a Class D3 felony offense, punishable by imprisonment as provided

for in subsections B through F of Section 20P of Title 21 of the

Oklahoma Statutes, or by a fine of not more than Five Thousand

Dollars ($5,000.00), or both such imprisonment and fine.

H. A person is an accessory after the fact who maintains,

assists, or gives any other aid to an offender while knowing or

having reasonable grounds to believe the offender to have committed

a violation under subsection A, B, C, D, E, F or G of this section,

and upon conviction is guilty of a Class D3 felony offense,

punishable by imprisonment as provided for in subsections B through

F of Section 20P of Title 21 of the Oklahoma Statutes, or by a fine

of not more than Five Thousand Dollars ($5,000.00), or both such

imprisonment and fine.

I. No prosecution shall be brought and no person shall be

convicted of any violation under this section, where acts of the

person, otherwise constituting a violation, were done in good faith

in order to comply with the laws or regulations of any state or

territory of the United States, or of the federal government of the

United States.

J. The sentence imposed upon a person convicted of any

violation of this section shall not be reduced to less than one (1)

year imprisonment for a second conviction of any violation, or less

than five (5) years for a third or subsequent conviction of any

violation of this section, and no sentence imposed upon a person for

a second or subsequent conviction of any violation of this section

shall be suspended or reduced, until such person shall have served

the minimum period of imprisonment provided for herein. A person

convicted of a second or subsequent violation of this section shall

not be eligible for probation, parole, furlough or work release. A

second conviction or any third or subsequent conviction of a

violation of this section shall be deemed a Class B3 felony offense.

K. 1. In addition to any other punishment, a person who

violates this section shall be ordered to make restitution to the

lawful owner or owners of the stolen vessel or motor or the stolen

vessel or motor part or parts, or to the owner's insurer to the

extent that the owner has been compensated by the insurer, and to

any other person for any financial loss sustained as a result of a

violation of this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1699

Financial loss shall include, but not be limited to, loss of

earnings, out-of-pocket and other expenses, repair and replacement

costs and claims payments. "Lawful owner" shall include an innocent

bona fide purchaser for value of a stolen vessel or motor or stolen

vessel or motor part who does not know that the vessel or motor or

part is stolen; or an insurer to the extent that such insurer has

compensated a bona fide purchaser for value.

2. The court shall determine the extent and method of

restitution. In an extraordinary case, the court may determine that

the best interests of the victim and justice would not be served by

ordering restitution. In any such case, the court shall make and

enter specific written findings on the record concerning the

extraordinary circumstances presented which militated against

restitution.
Okla. Stat. tit. 63, § 63-2-415 — OK Code / Title 63 / Section 63-2-415
Application - Fines and penalties
Status: in_force

A. The provisions of the Trafficking in Illegal Drugs Act shall

apply to persons convicted of violations with respect to the

following substances:

1. Marijuana;

2. Cocaine or coca leaves;

3. Heroin;

4. Amphetamine or methamphetamine;

5. Lysergic acid diethylamide (LSD);

6. Phencyclidine (PCP);

7. Cocaine base, commonly known as "crack" or "rock";

8. 3,4-Methylenedioxy methamphetamine, commonly known as

"ecstasy" or MDMA;

9. Morphine;

10. Oxycodone;

11. Hydrocodone;

12. Benzodiazepine; or

13. Fentanyl and its analogs and derivatives.

B. Except as otherwise authorized by the Uniform Controlled

Dangerous Substances Act, it shall be unlawful for any person to:

1. Knowingly distribute, manufacture, bring into this state or

possess a controlled substance specified in subsection A of this

section in the quantities specified in subsection C of this section;

2. Possess any controlled substance with the intent to

manufacture a controlled substance specified in subsection A of this

section in quantities specified in subsection C of this section; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1000

3. Use or solicit the use of services of a person less than

eighteen (18) years of age to distribute or manufacture a controlled

dangerous substance specified in subsection A of this section in

quantities specified in subsection C of this section.

Violation of this section shall be known as "trafficking in

illegal drugs". Separate types of controlled substances described

in subsection A of this section when possessed at the same time in

violation of any provision of this section shall constitute a

separate offense for each substance.

Any person who commits the conduct described in paragraph 1, 2

or 3 of this subsection and represents the quantity of the

controlled substance to be an amount described in subsection C of

this section shall be punished under the provisions appropriate for

the amount of controlled substance represented, regardless of the

actual amount.

C. In the case of a violation of the provisions of subsection B

of this section, involving:

1. Marijuana:

a. twenty-five (25) pounds or more of a mixture or

substance containing a detectable amount of marijuana

shall be a Class B3 felony offense punishable by a

fine of not less than Twenty-five Thousand Dollars

($25,000.00) and not more than One Hundred Thousand

Dollars ($100,000.00), or

b. one thousand (1,000) pounds or more of a mixture or

substance containing a detectable amount of marijuana

shall be deemed aggravated trafficking, a Class B2

felony offense, punishable by a fine of not less than

One Hundred Thousand Dollars ($100,000.00) and not

more than Five Hundred Thousand Dollars ($500,000.00);

2. Cocaine, coca leaves or cocaine base:

a. twenty-eight (28) grams or more of a mixture or

substance containing a detectable amount of cocaine,

coca leaves or cocaine base shall be a Class B3 felony

offense punishable by a fine of not less than Twenty-

five Thousand Dollars ($25,000.00) and not more than

One Hundred Thousand Dollars ($100,000.00),

b. three hundred (300) grams or more of a mixture or

substance containing a detectable amount of cocaine,

coca leaves or cocaine base shall be a Class B3 felony

offense punishable by a fine of not less than One

Hundred Thousand Dollars ($100,000.00) and not more

than Five Hundred Thousand Dollars ($500,000.00), or

c. four hundred fifty (450) grams or more of a mixture or

substance containing a detectable amount of cocaine,

coca leaves or cocaine base shall be deemed aggravated

trafficking, a Class B2 felony offense, punishable by

Oklahoma Statutes - Title 63. Public Health and Safety Page 1001

a fine of not less than One Hundred Thousand Dollars

($100,000.00) and not more than Five Hundred Thousand

Dollars ($500,000.00);

3. Heroin:

a. ten (10) grams or more of a mixture or substance

containing a detectable amount of heroin shall be a

Class B3 felony offense punishable by a fine of not

less than Twenty-five Thousand Dollars ($25,000.00)

and not more than Fifty Thousand Dollars ($50,000.00),

or

b. twenty-eight (28) grams or more of a mixture or

substance containing a detectable amount of heroin

shall be deemed aggravated trafficking, a Class B2

felony offense, punishable by a fine of not less than

Fifty Thousand Dollars ($50,000.00) and not more than

Five Hundred Thousand Dollars ($500,000.00);

4. Amphetamine or methamphetamine:

a. twenty (20) grams or more of a mixture or substance

containing a detectable amount of amphetamine or

methamphetamine shall be a Class B3 felony offense

punishable by a fine of not less than Twenty-five

Thousand Dollars ($25,000.00) and not more than Two

Hundred Thousand Dollars ($200,000.00),

b. two hundred (200) grams or more of a mixture or

substance containing a detectable amount of

amphetamine or methamphetamine shall be a Class B3

felony offense punishable by a fine of not less than

Fifty Thousand Dollars ($50,000.00) and not more than

Five Hundred Thousand Dollars ($500,000.00), or

c. four hundred fifty (450) grams or more of a mixture or

substance containing a detectable amount of

amphetamine or methamphetamine shall be deemed

aggravated trafficking, a Class B2 felony offense,

punishable by a fine of not less than Fifty Thousand

Dollars ($50,000.00) and not more than Five Hundred

Thousand Dollars ($500,000.00);

5. Lysergic acid diethylamide (LSD):

a. one (1) gram or more of a mixture or substance

containing a detectable amount of lysergic acid

diethylamide (LSD) shall be trafficking, a Class B3

felony offense, punishable by a term of imprisonment

in the custody of the Department of Corrections not to

exceed twenty (20) years and by a fine of not less

than Fifty Thousand Dollars ($50,000.00) and not more

than One Hundred Thousand Dollars ($100,000.00), or

b. ten (10) grams or more of a mixture or substance

containing a detectable amount of lysergic acid

Oklahoma Statutes - Title 63. Public Health and Safety Page 1002

diethylamide (LSD) shall be aggravated trafficking, a

Class B2 felony offense, punishable by a term of

imprisonment in the custody of the Department of

Corrections of not less than two (2) years nor more

than life and by a fine of not less than One Hundred

Thousand Dollars ($100,000.00) and not more than Two

Hundred Fifty Thousand Dollars ($250,000.00);

6. Phencyclidine (PCP):

a. twenty (20) grams or more of a substance containing a

mixture or substance containing a detectable amount of

phencyclidine (PCP) shall be trafficking, a Class B3

felony offense, punishable by a term of imprisonment

in the custody of the Department of Corrections not to

exceed twenty (20) years and by a fine of not less

than Twenty Thousand Dollars ($20,000.00) and not more

than Fifty Thousand Dollars ($50,000.00), or

b. one hundred fifty (150) grams or more of a substance

containing a mixture or substance containing a

detectable amount of phencyclidine (PCP) shall be

aggravated trafficking, a Class B2 felony offense,

punishable by a term of imprisonment in the custody of

the Department of Corrections of not less than two (2)

years nor more than life and by a fine of not less

than Fifty Thousand Dollars ($50,000.00) and not more

than Two Hundred Fifty Thousand Dollars ($250,000.00);

7. Methylenedioxy methamphetamine:

a. thirty (30) tablets or ten (10) grams of a mixture or

substance containing a detectable amount of 3,4-

Methylenedioxy methamphetamine shall be trafficking, a

Class B3 felony offense, punishable by a term of

imprisonment in the custody of the Department of

Corrections not to exceed twenty (20) years and by a

fine of not less than Twenty-five Thousand Dollars

($25,000.00) and not more than One Hundred Thousand

Dollars ($100,000.00), or

b. one hundred (100) tablets or thirty (30) grams of a

mixture or substance containing a detectable amount of

3,4-Methylenedioxy methamphetamine shall be deemed

aggravated trafficking, a Class B3 felony offense,

punishable by a term of imprisonment in the custody of

the Department of Corrections of not less than two (2)

years nor more than life and by a fine of not less

than One Hundred Thousand Dollars ($100,000.00) and

not more than Five Hundred Thousand Dollars

($500,000.00);

8. Morphine: One thousand (1,000) grams or more of a mixture

containing a detectable amount of morphine shall be trafficking, a

Oklahoma Statutes - Title 63. Public Health and Safety Page 1003

Class B3 felony offense, punishable by a term of imprisonment in

the custody of the Department of Corrections not to exceed twenty

(20) years and by a fine of not less than One Hundred Thousand

Dollars ($100,000.00) and not more than Five Hundred Thousand

Dollars ($500,000.00);

9. Oxycodone: Four hundred (400) grams or more of a mixture

containing a detectable amount of oxycodone shall be trafficking, a

Class B3 felony offense, punishable by a term of imprisonment in the

custody of the Department of Corrections not to exceed twenty (20)

years and by a fine of not less than One Hundred Thousand Dollars

($100,000.00) and not more than Five Hundred Thousand Dollars

($500,000.00);

10. Hydrocodone: Three thousand seven hundred fifty (3,750)

grams or more of a mixture containing a detectable amount of

hydrocodone shall be trafficking, a Class B3 felony offense,

punishable by a term of imprisonment in the custody of the

Department of Corrections not to exceed twenty (20) years and by a

fine of not less than One Hundred Thousand Dollars ($100,000.00) and

not more than Five Hundred Thousand Dollars ($500,000.00);

11. Benzodiazepine: Five hundred (500) grams or more of a

mixture containing a detectable amount of benzodiazepine shall be

trafficking, a Class B3 felony offense, punishable by a term of

imprisonment not to exceed twenty (20) years and by a fine of not

less than One Hundred Thousand Dollars ($100,000.00) and not more

than Five Hundred Thousand Dollars ($500,000.00); and

12. Fentanyl and its analogs and derivatives:

a. one (1) gram or more of a mixture containing fentanyl

or carfentanil, or any fentanyl analogs or

derivatives, shall be trafficking, a Class B3 felony

offense, punishable by a term of imprisonment in the

custody of the Department of Corrections not to exceed

twenty (20) years and by a fine of not less than One

Hundred Thousand Dollars ($100,000.00) and not more

than Two Hundred Fifty Thousand Dollars ($250,000.00),

or

b. five (5) grams or more of a mixture containing

fentanyl or carfentanil, or any fentanyl analogs or

derivatives, shall be aggravated trafficking, a Class

B1 felony offense, punishable by a term of

imprisonment in the custody of the Department of

Corrections of not less than two (2) years nor more

than life and by a fine of not less than Two Hundred

Fifty Thousand Dollars ($250,000.00) and not more than

Five Hundred Thousand Dollars ($500,000.00).

D. Any person who violates the provisions of this section with

respect to marijuana, cocaine, coca leaves, cocaine base, heroin,

amphetamine or methamphetamine in a quantity specified in paragraphs

Oklahoma Statutes - Title 63. Public Health and Safety Page 1004

1, 2, 3 and 4 of subsection C of this section shall, in addition to

any fines specified by this section, be punishable by a term of

imprisonment as follows:

1. For trafficking, a first violation of this section, a term

of imprisonment in the custody of the Department of Corrections not

to exceed twenty (20) years;

2. For trafficking, a second violation of this section, a term

of imprisonment in the Department of Corrections of not less than

four (4) years nor more than life, for which the person shall serve

fifty percent (50%) of the sentence before being eligible for parole

consideration;

3. For trafficking, a third or subsequent violation of this

section, a term of imprisonment in the custody of the Department of

Corrections of not less than twenty (20) years nor more than life,

of which the person shall serve fifty percent (50%) of the sentence

before being eligible for parole consideration.

Persons convicted of trafficking shall not be eligible for

earned credits or any other type of credits which have the effect of

reducing the length of sentence to less than fifty percent (50%) of

the sentence imposed; and

If the person is convicted of aggravated trafficking, the person

shall serve eighty-five percent (85%) of such sentence before being

eligible for parole consideration.

E. The penalties specified in subsections C and D of this

section are subject to the enhancements enumerated in subsections E

and F of Section 2-401 of this title.

F. Any person convicted of any offense described in this

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

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

deposited into the Trauma Care Assistance Revolving Fund created in

Section 1-2530.9 of this title and the assessment pursuant to

Section 2-503.2 of this title.
Okla. Stat. tit. 63, § 63-2-432 — OK Code / Title 63 / Section 63-2-432
Attachments of assets - Execution of judgment - Exempt
Status: in_force

property - Property seized by forfeiture.

A. A plaintiff under the Drug Dealer Liability Act, subject to

subsection C of this section, may request an ex parte prejudgment

attachment order from the court against all assets of a defendant

sufficient to satisfy a potential award. If attachment is

instituted, a defendant is entitled to an immediate hearing.

Attachment may be lifted if the defendant demonstrates that the

assets will be available for a potential award of if the defendant

posts a bond sufficient to cover a potential award.

B. A person against whom a judgment has been rendered under the

Drug Dealer Liability Act is not eligible to exempt any property, of

whatever kind, from process to levy or process to execute on the

judgment.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1013

C. Any assets sought to satisfy a judgment under the Drug

Dealer Liability Act that are named in a forfeiture section or have

been seized for forfeiture by any state or federal agency may not be

used to satisfy a judgment unless and until the assets have been

released following the conclusion of the forfeiture action or

released by the agency that seized the assets.Oklahoma Statutes - Title 63. Public Health and Safety Page 32
Okla. Stat. tit. 63, § 63-2173 — OK Code / Title 63 / Section 63-2173
Short title
Status: in_force

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

Martinez Act”.
Okla. Stat. tit. 63, § 63-1-818.2 — OK Code / Title 63 / Section 63-1-818.2
Renumbered as § 1430.2 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-3242.3 — OK Code / Title 63 / Section 63-3242.3
Access payment program fee
Status: in_force

A. For the purpose of assuring access to quality emergency and

nonemergency transports for state Medicaid beneficiaries, the

Oklahoma Health Care Authority shall, after considering input and

recommendations from the Oklahoma Ambulance Alliance, assess

ambulance service providers licensed in Oklahoma, unless exempt

under subsection B of this section, an ambulance service provider

access payment program fee.

B. The following ambulance services shall be exempt from the

ambulance service provider access payment fee:

1. An ambulance service that is owned or operated by the state

or a state agency, the federal government, a federally recognized

Indian tribe, or the Indian Health Service;

2. An ambulance service that is eligible for supplemental

Medicaid reimbursement under Section 3242 of Title 63 of the

Oklahoma Statutes;

3. An ambulance service that provides air ambulance services

only; or

4. An ambulance service that provides nonemergency transports

only or a de minimis amount of emergency medical transportation

services, as determined by the Authority.

C. 1. The ambulance service provider access payment program

fee shall be an assessment imposed on each ambulance service

provider, except those exempted under subsection B of this section,

for each calendar year in an amount calculated as a percentage of

each ambulance service provider's net operating revenue.

2. The assessment rate shall be determined annually based upon

the percentage of net operating revenue needed to generate an amount

up to the sum of:

a. the nonfederal portion of the upper payment limit gap

for all ambulance service providers eligible to

receive Medicaid ambulance service provider access

payments, plus

b. the annual fee to be paid to the Authority under

subparagraph b of paragraph 2 of subsection F of

Section 4 of this act, plus

c. the amount to be transferred by the Authority to the

Medical Payments Cash Management Improvement Act

Programs Disbursing Fund under subparagraph a of

paragraph 2 of subsection F of Section 4 of this act.

In no event shall the assessment rate exceed the maximum rate

allowed by federal law or regulation.

3. The assessment rate described in this subsection shall be

determined after consultation with the Alliance. The base year for

assessment, the method for calculating net operating revenue and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1563

related matters not provided for in this section shall be determined

by rules promulgated by the Oklahoma Health Care Authority Board.

D. 1. If an ambulance service provider conducts, operates or

maintains more than one licensed ambulance service, the ambulance

service provider shall pay the ambulance service provider access

payment program fee for each ambulance service separately. However,

if the ambulance service provider operates more than one ambulance

service under one Medicaid provider number, the ambulance service

provider may pay the fee for the ambulance services in the

aggregate.

2. Notwithstanding any other provision of this section, if an

ambulance service provider subject to the ambulance service provider

access payment fee operates or conducts business only for a portion

of a year, the assessment for the year shall be adjusted by

multiplying the annual assessment by a fraction, the numerator of

which is the number of days in the year during which the ambulance

service operates and the denominator of which is three hundred

sixty-five (365). Immediately upon ceasing to operate, the

ambulance service provider shall pay the assessment for the year as

so adjusted, to the extent not previously paid.

3. The Authority shall determine the assessment for new

ambulance services and ambulance services that undergo a change of

ownership, in accordance with this section, using the best available

information, as determined by the Authority.

E. 1. In the event that federal financial participation

pursuant to Title XIX of the Social Security Act is not available to

the state Medicaid program for purposes of matching expenditures

from the Ambulance Service Provider Access Payment Program Fund at

the approved federal medical assistance percentage for the

applicable year, the ambulance service provider access payment

program fee shall be null and void as of the date of the

nonavailability of such federal funding through and during any

period of nonavailability.

2. In the event of an invalidation of the Ambulance Service

Provider Access Payment Program by any court of last resort, the

program shall be null and void as of the effective date of that

invalidation.

3. In the event that the Ambulance Service Provider Access

Payment Program is determined to be null and void for any of the

reasons described in this subsection, any ambulance service provider

access payment program fee assessed and collected for any period to

which such invalidation applies shall be returned in full within

forty-five (45) days by the Authority to the ambulance service from

which it was collected.

F. The Oklahoma Health Care Authority Board, after considering

the input and recommendations of the Alliance, shall promulgate

rules for the implementation and enforcement of the ambulance

Oklahoma Statutes - Title 63. Public Health and Safety Page 1564

service provider access payment program fee. Unless otherwise

provided, the rules promulgated under this subsection shall not

grant any exceptions to or exemptions from the ambulance service

provider access payment program fee imposed under this section.

G. The Authority shall provide for administrative penalties in

the event an ambulance service provider fails to:

1. Submit the ambulance service provider access payment program

fee;

2. Submit the fee in a timely manner;

3. Submit reports as required by the Authority; or

4. Submit reports timely.

H. The Oklahoma Health Care Authority Board shall have the

power to promulgate emergency rules to implement the provisions of

the Ambulance Service Provider Access Payment Program Act.
Okla. Stat. tit. 63, § 63-1-231 — OK Code / Title 63 / Section 63-1-231
Short title - Purpose
Status: in_force

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

Infant Care Improvement Act" which shall have as its purpose, the

coordination, development and enhancement of a system of maternal

and infant health services in the state in order to decrease infant

mortality by providing prenatal care to pregnant women.
Okla. Stat. tit. 63, § 63-5020 — OK Code / Title 63 / Section 63-5020
Oklahoma Health Care Authority Medicaid Program Fund
Status: in_force

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

Oklahoma Health Care Authority to be designated the "Oklahoma Health

Care Authority Medicaid Program Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations. All monies

accruing to the credit of said fund are hereby appropriated and may

be budgeted and expended by the Oklahoma Health Care Authority at

the discretion of the Oklahoma Health Care Authority Board.

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.

The Administrator of the Oklahoma Health Care Authority may

request the Director of the Office of Management and Enterprise

Services to transfer monies between the Oklahoma Health Care

Oklahoma Statutes - Title 63. Public Health and Safety Page 1725

Authority Medicaid Program Fund and any other fund of the Authority,

as needed for the expenditure of funds.
Okla. Stat. tit. 63, § 63-1-748 — OK Code / Title 63 / Section 63-1-748
Abortion facility standards - Admitting privileges
Status: in_force

requirement - Violations - Penalties.

A. The State Board of Health shall establish abortion facility

supplies and equipment standards, including equipment required to be

immediately available for use in an emergency. Such standards

shall, at a minimum:

1. Specify required equipment and supplies, including

medications, required for the performance of abortion procedures and

for monitoring the progress of each patient throughout the abortion

procedure and post-procedure recovery period;

2. Require that the number or amount of equipment and supplies

at the facility is adequate at all times to assure sufficient

quantities of clean and sterilized durable equipment and supplies to

meet the needs of each patient;

3. Specify the mandated equipment and supplies for required

laboratory tests and the requirements for protocols to calibrate and

maintain laboratory equipment at the abortion facility or operated

by facility staff;

4. Require ultrasound equipment in all abortion facilities; and

5. Require that all equipment is safe for the patient and

facility staff, meets applicable federal standards, and is checked

annually to ensure safety and appropriate calibration.

Oklahoma Statutes - Title 63. Public Health and Safety Page 428

B. On any day when any abortion is performed in a facility

providing abortions, a physician with admitting privileges at a

general medical surgical hospital which offers obstetrical or

gynecological care in this state within thirty (30) miles of where

the abortion is being performed must remain on the premises of the

facility to facilitate the transfer of emergency cases if

hospitalization of an abortion patient or a child born alive is

necessary and until all abortion patients are stable and ready to

leave the recovery room.

C. The State Board of Health shall adopt standards relating to

the training physician assistants licensed pursuant to the

provisions of Section 519.1 of Title 59 of the Oklahoma Statutes and

employed by or providing services in a facility providing abortions

shall receive in counseling, patient advocacy, and the specific

medical and other services.

D. The State Board of Health shall adopt standards related to

the training that volunteers at facilities providing abortions shall

receive in the specific services that the volunteers provide,

including counseling and patient advocacy.

E. The State Board of Health shall adopt standards related to

the medical screening and evaluation of each abortion patient. At

minimum these standards shall require:

1. A medical history, including the following:

a. reported allergies to medications, antiseptic

solutions, and latex,

b. obstetric and gynecological history,

c. past surgeries, and

d. medication the patient is currently taking;

2. A physical examination, including a bimanual examination

estimating uterine size and palpation of the adnexa; and

3. The appropriate preprocedure testing, including:

a. urine or blood tests for pregnancy, if ordered by a

physician,

b. a test for anemia,

c. Rh typing, unless reliable written documentation of

blood type is available, and

d. an ultrasound evaluation for all patients who elect to

have an abortion. The physician performing the

abortion is responsible for estimating the gestational

age of the unborn child based on the ultrasound

examination and established standards of obstetrical

care and shall write the estimate in the patient's

medical record. An original print of each ultrasound

examination of the patient shall be kept in the

patient's medical record.

Oklahoma Statutes - Title 63. Public Health and Safety Page 429

F. The State Board of Health shall adopt standards related to

the performance of the abortion procedure and post-procedure follow-

up care. At minimum these standards shall require:

1. That medical personnel are available to all abortion

patients throughout the procedure;

2. The appropriate use of local anesthesia, analgesia, and

sedation if ordered by the physician performing the procedure;

3. The use of appropriate precautions, such as the

establishment of intravenous access;

4. That the physician performing the abortion procedure

monitors the patient's vital signs and other defined signs and

markers of the patient's status throughout the procedure and during

the recovery period until the patient's condition is deemed to be

stable in the recovery room;

5. Immediate post-procedure care and observation in a

supervised recovery room for as long as the patient's condition

warrants;

6. That the facility in which the abortion procedure is

performed arranges for a patient's hospitalization if any

complication beyond the management capability of the abortion

facility's medical staff occurs or is suspected;

7. That a licensed health-care professional trained in the

management of the recovery room and capable of providing

cardiopulmonary resuscitation actively monitors patients in the

recovery room;

8. That there is a specified minimum time that a patient

remains in the recovery room by type of abortion procedure and

duration of gestation;

9. That a physician discusses RhO(D) immune globulin with each

patient for whom it is indicated and assures it is offered to the

patient in the immediate post-operative period or that it will be

available to her within seventy-two (72) hours after completion of

the abortion procedure. If the patient refuses, a refusal form

approved by the State Board of Health shall be signed by the patient

and a witness and included in the medical record;

10. Written instructions with regard to post-abortion coitus,

signs of possible complications, and general aftercare are given to

each patient. Each patient shall have specific instructions

regarding access to medical care for complications, including a

telephone number to call for medical emergencies;

11. That the physician ensures that a licensed health-care

professional from the abortion facility makes a good faith effort to

contact the patient by phone, with the patient's consent, within

twenty-four (24) hours after procedure to assess the patient's

recovery;

12. Equipment and services are located in the recovery room to

provide appropriate emergency and resuscitative life-support

Oklahoma Statutes - Title 63. Public Health and Safety Page 430

procedures pending the transfer of the patient or a child born alive

in the facility;

13. That a post-abortion medical visit shall be offered to each

abortion patient and, if requested, scheduled for two (2) to three

(3) weeks after the abortion procedure and shall include a medical

examination and a review of the results of all laboratory tests; and

14. That a urine or blood test shall be obtained at the time of

the follow-up visit to rule out continued pregnancy. If a

continuing pregnancy is suspected, the patient shall be

appropriately evaluated; and a physician who performs abortions

shall be consulted.

G. Facilities performing abortions shall record each incident

resulting in a patient's or a born-alive child's injury occurring at

the facility and shall report incidents in writing to the State

Board of Health within ten (10) days of the incident. For the

purposes of this subsection, "injury" shall mean an injury that

occurs at the facility and creates a serious risk of substantial

impairment of a major body organ or function.

H. If a patient's death occurs, other than the death of an

unborn child properly reported pursuant to law, the facility

performing abortions shall report the death to the State Board of

Health no later than the next business day.

I. Incident reports shall be filed with the State Board of

Health and all appropriate professional licensing and regulatory

boards, including, but not limited to, the State Board of Medical

Licensure and Supervision and the Oklahoma Board of Nursing.

J. Whoever operates a facility performing abortions without a

valid license shall be guilty of a felony. Any person who

intentionally, knowingly, or recklessly violates the provisions of

this act or any standards adopted by the State Board of Health in

accordance with this act shall be guilty of a felony.

K. Any violation of this act or any standards adopted under

this act may be subject to a civil penalty or fine up to Twenty-five

Thousand Dollars ($25,000.00) imposed by the State Board of Health.

Each day of violation constitutes a separate violation for purposes

of assessing civil penalties or fines. In deciding whether and to

what extent to impose civil penalties or fines, the State Board of

Health shall consider the following factors:

1. Gravity of the violation, including the probability that

death or serious physical harm to a patient or individual will

result or has resulted;

2. Size of the population at risk as a consequence of the

violation;

3. Severity and scope of the actual or potential harm;

4. Extent to which the provisions of the applicable statutes or

regulations were violated;

5. Any indications of good faith exercised by facility;

Oklahoma Statutes - Title 63. Public Health and Safety Page 431

6. The duration, frequency, and relevance of any previous

violations committed by the facility; and

7. Financial benefit to the facility of committing or

continuing the violation.

L. In addition to any other penalty provided by law, whenever

in the judgment of the State Commissioner of Health any person has

engaged, or is about to engage, in any acts or practices which

constitute, or will constitute, a violation of this act, or any

standard adopted in accordance with this act, the Commissioner shall

make application to any court of competent jurisdiction for an order

enjoining such acts and practices. Upon a showing by the

Commissioner that such person has engaged, or is about to engage, in

any such acts or practices, an injunction, restraining order, or

such other order as may be appropriate shall be granted by such

court without bond.
Okla. Stat. tit. 63, § 63-1-830.2 — OK Code / Title 63 / Section 63-1-830.2
Challenge to statement of deficiency – Informal
Status: in_force

dispute resolution – Alternative informal dispute resolution.

A. Any residential care home, as defined in paragraph 12 of

Section 1-820 of Title 63 of the Oklahoma Statutes, that wishes to

challenge a statement of deficiency through either an informal

dispute resolution process or an alternative informal dispute

resolution process may make a written request to the State

Department of Health within thirty (30) calendar days after the

receipt of a statement of deficiencies from the Department.

B. The informal dispute resolution process for violations of

the Residential Care Act or any rule promulgated pursuant thereto

shall follow the process contained in Sections 1-1914.3, 1-1914.4,

subsections B and C of 1-1914.5 and 1-1914.6 through 1914.10 of

Title 63 of the Oklahoma Statutes.

C. The alternative informal dispute resolution process for

violations of the Residential Care Act or any rule promulgated

pursuant thereto shall follow the process contained in Sections 1-

1914.11 through 1-1914.16 of Title 63 of the Oklahoma Statutes.

D. An impartial decision-making panel for the alternative

informal dispute resolution set forth in subsection C of this

section shall be comprised of the following members:

1. Two members who are representative volunteers who have

experience in the operation of a residential care home;

2. One member who is an employee of the Department and has

experience in the survey process from residential care homes;

3. One member who is a representative from the aging and

disabled community and who does not represent a state agency; and

4. One member who is a lay member and who is not employed by

the Department.
Okla. Stat. tit. 63, § 63-1-860.5 — OK Code / Title 63 / Section 63-1-860.5
Department - Powers and duties
Status: in_force

The State Department of Health shall have the power and duty to:

1. Issue, renew, deny, modify, suspend and revoke first-year

and permanent licenses for hospice programs pursuant to the

provisions of the Oklahoma Hospice Licensing Act;

2. Establish and enforce standards and requirements for

licensure of hospice programs and require the submission of, and to

review, reports from any person establishing or operating a hospice

program;

3. Establish and enforce construction standards and other

requirements for hospice inpatient facilities; provided, however,

such standards and requirements shall comply with current Medicare

regulations for hospice inpatient facilities;

4. Establish a construction plan review fee for such

facilities; provided, however, the amount of such fee shall not

exceed the amount set by the Department for construction plan review

fees for hospitals;

5. Enter upon any public or private property, with permission,

for the purpose of inspecting and investigating conditions of the

patients in a hospice or for the purpose of inspecting and

investigating a hospice for compliance with the provisions of the

Oklahoma Hospice Licensing Act, or the standards or requirements for

licensure developed by the Department pursuant to the provisions of

the Oklahoma Hospice Licensing Act;

6. Employ or designate personnel to conduct investigations and

inspections, to make reports of the condition of hospices and the

patients of such hospices, and to take necessary action pursuant to

the provisions of the Oklahoma Hospice Licensing Act to protect and

safeguard the health, safety and welfare of patients of hospices;

7. Establish a procedure for receipt and investigation of

complaints regarding a hospice or concerning the condition, care and

treatment of a patient in the hospice;

8. 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 provisions of the Oklahoma Hospice Licensing Act;

9. Develop and enforce rules subject to the approval of the

State Board of Health to implement the provisions of the Oklahoma

Hospice Licensing Act;

10. Establish and enforce penalties for violations of the

provisions of the Oklahoma Hospice Licensing Act as authorized by

the Board pursuant to the provisions of the Oklahoma Hospice

Licensing Act; and

11. Exercise all incidental powers as necessary and proper for

the administration of the Oklahoma Hospice Licensing Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 514
Okla. Stat. tit. 63, § 63-686.12 — OK Code / Title 63 / Section 63-686.12
Exercise of powers and duties by successors - Ouster
Status: in_force

provisions applicable.

If, in the event of an emergency or disaster a legislator is

unavailable, the emergency interim successor highest in order of

succession who is not unavailable shall, except for the power and

duty to appoint emergency interim successors, exercise the powers

and assume the duties of such legislator. An emergency interim

Oklahoma Statutes - Title 63. Public Health and Safety Page 1265

successor shall exercise these powers and assume these duties until

the incumbent legislator, an emergency interim successor higher in

order of succession, or a legislator appointed or elected and

legally qualified can act. Each house of the Legislature shall, in

accordance with its own rules, determine who is entitled under the

provisions of this act to exercise the powers and assume the duties

of its members. All constitutional and statutory provisions

pertaining to ouster of a legislator shall be applicable to an

emergency interim successor who is exercising the powers and

assuming the duties of a legislator.
Okla. Stat. tit. 63, § 63-1-317v1 — OK Code / Title 63 / Section 63-1-317v1
Death certificate - Filing – Contents - Immunity
Status: in_force

A. A death certificate for each death which occurs in this

state shall be filed with the State Department of Health within ten

(10) calendar days after such death.

B. It shall be the duty of the funeral director to file the

death certificate. If the funeral director is not available, the

person acting as such who first assumes custody of a dead body in

accordance with Section 1158 of Title 21 of the Oklahoma Statutes

shall personally sign and file the death certificate. The funeral

director shall obtain the personal data from the next of kin or the

best qualified person or source available, enter the personal data

into the electronic system prescribed by the State Registrar of

Vital Statistics, and electronically transmit the partial

certificate produced by the electronic system to the physician,

physician assistant, Advanced Practice Registered Nurse, or medical

examiner responsible for completing the medical certification

portion of the certificate of death within twenty-four (24) hours

after the death.

C. 1. The medical certification shall be completed and

certified within five (5) calendar days after receipt of the partial

certificate by the physician, physician assistant, or Advanced

Practice Registered Nurse in charge of the patient’s care for the

illness or condition which resulted in death, except when inquiry as

to the cause of death is required by Section 938 of this title. The

physician, physician assistant, or Advanced Practice Registered

Nurse shall enter and certify the medical certification portion of

Oklahoma Statutes - Title 63. Public Health and Safety Page 188

certificate data in the electronic system prescribed by the State

Registrar of Vital Statistics.

2. In the event that the physician, physician assistant, or

Advanced Practice Registered Nurse in charge of the patient’s care

for the illness or condition which resulted in death is not in

attendance at the time of death, the medical certification shall be

completed and signed within five (5) calendar days after receipt of

the partial certificate by the physician, physician assistant, or

Advanced Practice Registered Nurse in attendance at the time of

death, except:

a. when the patient is under hospice care at the time of

death, the medical certification may be signed by the

hospice’s medical director, and

b. when inquiry as to the cause of death is required by

Section 938 of this title.

Provided, that such certification, if signed by other than the

attending physician, physician assistant, or Advanced Practice

Registered Nurse, shall note on the face the name of the attending

physician, physician assistant, or Advanced Practice Registered

Nurse and that the information shown is only as reported.

D. Within four (4) calendar days after receipt of the medical

certification from the physician, physician assistant, or Advanced

Practice Registered Nurse as described in subsection C of this

section, the funeral director shall conduct a final review of the

personal data and the medical certification, electronically sign the

death certificate, and submit the death certificate to the State

Registrar of Vital Statistics through the electronic system

prescribed by the State Registrar of Vital Statistics for official

registration.

E. A certifier completing cause of death on a certificate of

death who knows that a lethal drug, overdose or other means of

assisting suicide within the meaning of Sections 3141.2 through

3141.4 of this title caused or contributed to the death shall list

that means among the chain of events under cause of death or list it

in the box that describes how the injury occurred. If such means is

in the chain of events under cause of death or in the box that

describes how the injury occurred, the certifier shall indicate

“suicide” as the manner of death.

F. The authority of a physician assistant to carry out the

functions described in this section shall be governed by the

practice agreement as provided by Section 519.6 of Title 59 of the

Oklahoma Statutes.

G. A physician, physician assistant, or Advanced Practice

Registered Nurse completing and signing a medical certification in

accordance with this section shall not be liable in a civil action

to recover damages for any acts or omissions relating to the medical

certification if the cause of death is determined in good faith

Oklahoma Statutes - Title 63. Public Health and Safety Page 189

using the individual’s best clinical judgment consistent with

current guidance provided by the applicable licensing board, unless

the acts or omissions amount to willful or wanton misconduct. The

immunity provided by this subsection shall be in addition to any

other immunity from liability to which these individuals may be

entitled.
Okla. Stat. tit. 63, § 63-2-903 — OK Code / Title 63 / Section 63-2-903
Duties of district attorney staff members
Status: in_force

Staff members of the district attorney shall perform duties in

connection with the Drug Possession Diversion Program in addition to

any other duties which are assigned by the district attorney.
Okla. Stat. tit. 63, § 63-1-533v1 — OK Code / Title 63 / Section 63-1-533v1
Phenylketonuria, related inborn metabolic disorders
Status: in_force

and other genetic or biochemical disorders - Educational and newborn

screening programs.

THIS TEXT EFFECTIVE UNTIL NOV. 1, 2024. FOR TEXT EFFECTIVE

BEGINNING NOV. 1, 2024, SEE OS 63-1-533v2.

A. The State Commissioner of Health shall provide, pursuant to

the provisions of Section 1-534 of this title, as technologies and

funds become available, an intensive educational and newborn

screening program among physicians, hospitals, public health nurses,

and the public concerning phenylketonuria, related inborn metabolic

disorders, and other genetic or biochemical disorders for which:

1. Newborn screening will provide early treatment and

management opportunities that might not be available without

screening; and

2. Treatment and management will prevent intellectual

disabilities and/or reduce infant morbidity and mortality.

Oklahoma Statutes - Title 63. Public Health and Safety Page 229

B. This educational and newborn screening program shall include

information about:

1. The nature of the diseases;

2. Examinations for the detection of the diseases in infancy;

and

3. Follow-up measures to prevent the morbidity and mortality

resulting from these diseases.

C. For purposes of this section, "phenylketonuria" means an

inborn error of metabolism attributable to a deficiency of or a

defect in phenylalanine hydroxylase, the enzyme that catalyzes the

conversion of phenylalanine to tyrosine. The deficiency permits the

accumulation of phenylalanine and its metabolic products in the body

fluids. The deficiency can result in intellectual disabilities

(phenylpyruvic oligophrenia), neurologic manifestations (including

hyperkinesia, epilepsy, and microcephaly), light pigmentation, and

eczema. The disorder is transmitted as an autosomal recessive trait

and can be treated by administration of a diet low in phenylalanine.

D. The Commissioner shall promulgate any rules necessary to

effectuate the provision of this section.
Okla. Stat. tit. 63, § 63-1-2005.3C — OK Code / Title 63 / Section 63-1-2005.3C
Renumbered as § 2-7-201 of Title 27A by Laws 1993,
Status: in_force

c. 145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-4042 — OK Code / Title 63 / Section 63-4042
Denial, suspension or revocation of license - Hearing -
Status: in_force

Notice - Production of documents - Subpoena - Witnesses.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1649

Service Oklahoma may deny any application for license, or

suspend or revoke a license issued or impose a fine, only after a

hearing of which the applicant, or licensee affected, shall be given

at least ten (10) days' written notice specifying the reason for

denying the applicant a license, or, in the case of a revocation or

suspension or imposition of a fine, the offenses of which the

licensee is charged. Such notices may be served as provided by law

for the service of notices, or by mailing a copy by registered mail

to the last-known residence or business address of such applicant or

licensee. The hearing on such charges shall be at such time and

place as Service Oklahoma may prescribe and the aforementioned

notice shall further specify the time and place. Service Oklahoma

shall have the power to compel the production of all records, papers

and other documents which may be deemed relevant to the proceeding

bearing upon the complaints. Service Oklahoma shall have the power

to subpoena and bring before it any person, or take testimony of any

such person by deposition, with the same fees and mileage and in the

same manner as prescribed in proceedings before courts of the state

in civil cases. Any party to such hearing shall have the right to

the attendance of witnesses in his behalf upon designating to

Service Oklahoma the person or persons sought to be subpoenaed.
Okla. Stat. tit. 63, § 63-1-1929 — OK Code / Title 63 / Section 63-1-1929
Rules and regulations for transfer of resident by
Status: in_force

Department.

The Department shall develop reasonable rules and regulations

that establish appropriate criteria for the transfer of residents

initiated by the Department in emergency situations, including

notice and hearings if the resident is aggrieved by the decision.

The primary purpose and emphasis of the departmental rules and

regulations shall be the preservation of the health, welfare, and

safety of the residents. In addition, the Department of Human

Services shall cooperate with the Health Department and the

Oklahoma Statutes - Title 63. Public Health and Safety Page 724

Department of Mental Health and Substance Abuse Services to provide

assistance in relocation of residents, to provide casework services,

and in other ways to minimize the impact of the transfer on the

residents.

In the development of these rules and regulations, the

Department shall consider advice and comments from the Long-Term

Care Facility Advisory Board, representatives of the nursing home

residential care home industries, and representatives of statewide

organizations for the elderly.
Okla. Stat. tit. 63, § 63-1-2418 — OK Code / Title 63 / Section 63-1-2418
Renumbered as § 2-10-202 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-737.12 — OK Code / Title 63 / Section 63-1-737.12
Attorney fees
Status: in_force

A. If judgment is rendered in favor of the plaintiff in an

action described in Section 4 or 5 of this act, the court shall also

render judgment for a reasonable attorney fee in favor of the

plaintiff against the defendant.

B. If judgment is rendered in favor of the defendant in an

action described in Section 4 or 5 of this act and the court finds

that the plaintiff's suit was frivolous and brought in bad faith,

the court shall render judgment for a reasonable attorney fee in

favor of the defendant against the plaintiff.

C. No attorney fee may be assessed against the woman upon whom

an abortion was performed or attempted to be performed except in

accordance with subsection B of this section.
Okla. Stat. tit. 63, § 63-2261 — OK Code / Title 63 / Section 63-2261
Renumbered as § 1-2419 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990 and by
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 46§ 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept.

1, 1990.
Okla. Stat. tit. 63, § 63-1-2603 — OK Code / Title 63 / Section 63-1-2603
Kidney Health Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

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

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

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

received by the State Department of Health from state appropriations

for such fund. All monies accruing to the credit of said fund are

hereby appropriated and may be budgeted and expended by the State

Department of Health for the purpose of implementing the provisions

of the Kidney Health Planning Act of Oklahoma. 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

Oklahoma Statutes - Title 63. Public Health and Safety Page 865

Office of Management and Enterprise Services for approval and

payment.
Okla. Stat. tit. 63, § 63-1-745.36 — OK Code / Title 63 / Section 63-1-745.36
Federal agencies, contractors or employees –
Status: in_force

Preemption or intergovernmental immunity.

Sections 3 and 4 of this act do not apply to an abortion

performed at the behest of federal agencies, contractors, or

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

prohibition on that abortion would violate the doctrines of

preemption or intergovernmental immunity.Oklahoma Statutes - Title 63. Public Health and Safety Page 12
Okla. Stat. tit. 63, § 63-4209.1 — OK Code / Title 63 / Section 63-4209.1
Knowingly receiving, possessing, selling or disposing
Status: in_force

of stolen or converted vessel or motor - Penalties.

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

receives, possesses, sells or disposes of such vessel or motor,

knowing said vessel or motor to be stolen or converted under

circumstances constituting a crime, 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, § 63-1-736 — OK Code / Title 63 / Section 63-1-736
Hospitals - Advertising of counseling to pregnant women
Status: in_force

No hospital in which abortions are performed or induced shall

advertise or hold itself out as also providing counseling to

pregnant women, unless:

1. The counseling is done by a licensed physician, a licensed

registered nurse or by a person holding at least a bachelor's degree

from an accredited college or university in psychology or some

similarly appropriate field;

2. The counseling includes factual information, including

explicit discussion of the development of the unborn child; and

3. The counseling includes a thorough discussion of the

alternatives to abortion and the availability of agencies and

services to assist her if she chooses not to have an abortion.
Okla. Stat. tit. 63, § 63-1-1609 — OK Code / Title 63 / Section 63-1-1609
Right of access - Inspections
Status: in_force

The State Commissioner of Health or his duly-authorized agent

shall have free access at all reasonable hours to any factory,

warehouse, or establishment in which hazardous substances as defined

in this article are manufactured, processed, packed, or held for

introduction into commerce, or to enter any vehicle being used to

transport or hold such product in commerce after notice to the owner

or person in charge of such factory, warehouse, establishment, or

vehicle, for the purpose:

(1) of inspecting such factory, warehouse, establishment or

vehicle to determine if any of the provisions of this article are

being violated, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 648

(2) to secure samples or specimens of any product, after paying

or offering to pay for such sample. The Commissioner shall make, or

cause to be made, such examination as he deems necessary.
Okla. Stat. tit. 63, § 63-1-1413 — OK Code / Title 63 / Section 63-1-1413
Regulations - Hearings - Notice
Status: repealed

(a) The authority to promulgate regulations for the efficient

enforcement of this article is hereby vested in the State Board of

Health, which is hereby authorized to make regulations promulgated

under this article conform, insofar as practicable, with those

promulgated under the Federal Act.

(b) Hearings authorized or required by this article shall be

conducted by the State Commissioner of Health or such officer,

agent, or employee as the Commissioner may designate for the

purpose.

(c) Before promulgating any regulations contemplated by Section

1409(d), (e), (f), (g), (h), and (k) or 1412(b), the Board shall

give appropriate notice of the proposal and of the time and place

for a hearing. The regulation so promulgated shall become effective

on a date fixed by the Board (which date shall not be prior to

twenty (20) days after its promulgation). Such regulation may be

amended or repealed in the same manner as is provided for its

adoption, except that in the case of a regulation amending or

repealing such regulation the Board, to such extent as it deems

necessary in order to prevent undue hardship, may disregard the

foregoing provisions regarding notice, hearing or effective date.
Okla. Stat. tit. 63, § 63-1-752 — OK Code / Title 63 / Section 63-1-752
Pregnancy assistance — Agencies and services available —
Status: in_force

Promotion on social media platforms

A. Utilizing funds appropriated to the Health Department

specifically for the provisions of this act, the State Department of

Health shall develop, update annually and maintain an electronic

form containing information concerning public and private agencies

and services available to assist a woman through pregnancy, upon

childbirth and while the child is dependent, which shall include a

comprehensive list of the agencies available, including adoption

agencies, a description of the services they offer and a description

of the manner, including telephone numbers and email addresses, by

which they might be contacted. The Department shall index this form

geographically and shall make it readily accessible on the

Department's website. The website shall include the following

statement:

"There are many public and private agencies willing and able to

help you carry your child to term, have a healthy pregnancy and

a healthy baby and assist you and your child after your child

is born, whether you choose to keep your child or to place him

or her for adoption. The State of Oklahoma strongly urges you

to contact them if you are pregnant."

B. The statement required by subsection A of this section and a

unique URL linked to the section of the Department's Internet

website containing the information required by subsection A of this

section shall be made available in a downloadable format appropriate

for display.

C. The Department shall use its official, online social media

platforms to promote the unique URL specified in subsection B of

this section.

D. The State Board of Health shall promulgate rules to

implement the provisions of this section.
Okla. Stat. tit. 63, § 63-2059 — OK Code / Title 63 / Section 63-2059
National Guard Advocacy Program
Status: in_force

A. The State Regents for Higher Education, Oklahoma Military

Department, and schools of social work in this state shall develop a

Guard Advocacy Program (GAP) for Oklahoma National Guard soldiers

and airmen. The Program shall include curricula designed to:

1. Facilitate and improve access to community resources that

improve health;

2. Increase social support;

3. Increase productivity; and

4. Prevent life-skills and life-crisis issues from developing

into behavioral health emergencies.

B. The information, records, materials and reports related to

the provision of services authorized under subsection A of this

section shall remain confidential and contain privileged

information. Such records, materials and reports shall not be open

to public inspection nor their contents disclosed.

C. The State Regents for Higher Education, the Adjutant General

and the State Board of Licensed Social Workers shall promulgate

rules to implement the provisions of this act.
Okla. Stat. tit. 63, § 63-3215 — OK Code / Title 63 / Section 63-3215
Issuance of bonds - Resolution - Amount - Principal and interest - Credit enhancement -
Status: in_force

Form - Execution - Denominations - Place of payment - Signatures - Qualities and incidences -

Manner of sale - Fees and expenses - Interim receipts or temporary bonds - Replacement bonds -interest - Credit enhancement - Form - Execution - Denominations -

Place of payment - Signatures - Qualities and incidences - Manner of

sale - Fees and expenses - Interim receipts or temporary bonds -

Replacement bonds - Consent of issue - Refunding bonds.

A. Subject to the provisions of paragraph 12 of subsection B of

Section 8 of this act, the University Hospitals 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 University

Hospitals 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

Oklahoma Statutes - Title 63. Public Health and Safety Page 1527

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 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 University Hospitals 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 19 of this act, bonds may be issued pursuant to the

provisions of the University Hospitals 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 University Hospitals 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 University Hospitals Authority Act.
Okla. Stat. tit. 63, § 63-1-291.4 — OK Code / Title 63 / Section 63-1-291.4
Oklahoma State University Center for Aerospace and
Status: in_force

Hyperbaric Medicine - Jurisdiction over treatment and costs.

For the purposes of this act, the Oklahoma State University

Center for Aerospace and Hyperbaric Medicine (OSUCAHM) shall have

full statewide jurisdiction over all medical treatments provided and

costs allowed to providers who request reimbursement from the

Veterans Traumatic Brain Injury Treatment and Recovery Revolving

Fund created in Section 3 of this act.

Prior to the treatment of any veteran for traumatic brain injury

(TBI), the OSUCAHM shall develop and publish a standard approved

treatment plan for veterans being treated using HBOT for Traumatic

Brain Injury (TBI). In the event a medical professional prescribes

a treatment under Section 2 of this act that does not comport and

comply with the provisions of the standard plan, OSUCAHM shall have

the authority to approve or disapprove the treatment plan for

reimbursement under this act.
Okla. Stat. tit. 63, § 63-1-738.3k — OK Code / Title 63 / Section 63-1-738.3k
Severability of act
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

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

declared unconstitutional.
Okla. Stat. tit. 63, § 63-1-1708.1H — OK Code / Title 63 / Section 63-1-1708.1H
Statements, conduct, etc. expressing apology,
Status: in_force

sympathy, etc. – Admissibility – Definitions.

A. In any medical liability action, any and all statements,

affirmations, gestures, or conduct expressing apology, sympathy,

commiseration, condolence, compassion, or a general sense of

benevolence which are made by a health care provider or an employee

Oklahoma Statutes - Title 63. Public Health and Safety Page 657

of a health care provider to the plaintiff, a relative of the

plaintiff, or a representative of the plaintiff and which relate

solely to discomfort, pain, suffering, injury, or death as the

result of the unanticipated outcome of the medical care shall be

inadmissible as evidence of an admission of liability or as evidence

of an admission against interest.

B. For purposes of this section, unless context otherwise

requires, “relative” means a spouse, parent, grandparent,

stepfather, child, grandchild, brother, sister, half-brother, half-

sister or spouse’s parents. The term includes said relationships

that are created as a result of adoption. “Representative” means a

legal guardian, attorney, person designated to make decisions on

behalf of a patient under a durable power of attorney or health care

proxy, or any person recognized in law or custom as an agent for the

plaintiff.
Okla. Stat. tit. 63, § 63-485.10 — OK Code / Title 63 / Section 63-485.10
Annuity contracts - Purchases as salary payments
Status: in_force

A part of the salary, not to exceed the exclusion allowances

provided in Section 403(b)(2), Internal Revenue Code, payable to any

employee of the J.D. McCarty Center for Children with Developmental

Disabilities may, at the request of the employee, be paid by the

purchase of an annuity contract from any insurance company

authorized to do business in Oklahoma by the J.D. McCarty Center for

Children with Developmental Disabilities for the employee, and the

employee shall be entitled to have such annuity contract continued

in force in succeeding years by the J.D. McCarty Center for Children

with Developmental Disabilities. The amounts so contributed or paid

by the J.D. McCarty Center for Children with Developmental

Disabilities for the annuity contract, or to continue it in force,

shall be considered as payment of salary, for the same amounts, to

the employee for State Retirement purposes, State Aid purposes, or

Social Security purposes, but not for State Income Tax purposes.

Provided that the amount received under such annuity contracts shall

be income subject to state income tax when actually received.
Okla. Stat. tit. 63, § 63-4207 — OK Code / Title 63 / Section 63-4207
Short title — Andy's Law — Lights and other equipment
Status: in_force

A. This section shall be known and may be cited as "Andy's

Law".

B. Every vessel in all weathers between the hours from sunset

to sunrise and during periods of restricted visibility shall carry

and exhibit the lights prescribed by the United States Coast Guard

when under way, including, but not limited to, the following:

1. Every power-driven vessel shall carry and exhibit:

a. a masthead light forward. A vessel less than twenty

(20) meters, or less than sixty-five (65) feet seven

and one-half (7 1/2) inches in length need not exhibit

this light forward of amidships but shall exhibit it

as far forward as practicable, and

b. side lights, and

c. a stern light;

2. Any power-driven vessel of less than twelve (12) meters, or

less than thirty-nine (39) feet four and one-half (4 1/2) inches in

length may carry and exhibit, in lieu of the lights prescribed in

paragraph 1 of this subsection, an all-around white light and side

lights;

3. Every sailing vessel shall carry and exhibit:

a. side lights, and

b. a stern light;

4. Any sailing vessel of less than twenty (20) meters, or less

than sixty-five (65) feet seven and one-half (7 1/2) inches, in

length may combine the lights prescribed in paragraph 3 of this

subsection within one lantern carried at or near the top of the mast

where it can be seen as nearly all-around as possible;

5. Any sailing vessel may carry and exhibit, in addition to the

lights prescribed in paragraph 3 of this subsection but not in

conjunction with any combination lantern as provided in paragraph 4

of this subsection, two all-around lights in a vertical line, the

upper being red and the lower being green, at or near the top of the

mast where they can be seen as nearly all-around as possible;

6. Every sailing vessel of less than seven (7) meters, or less

than twenty-three (23) feet eleven and one-half (11 1/2) inches in

length shall carry and exhibit if practicable, the lights prescribed

in paragraph 3 or 4 of this subsection. If such exhibition is not

practicable, there shall be carried ready at hand on the vessel a

lantern or flashlight showing a white light which shall be exhibited

in sufficient time to avert collision;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1661

7. Every sailing vessel propelled by a combination of sail and

motor shall carry and exhibit the lights of a power-driven vessel

prescribed in paragraph 1 or 2 of this subsection;

8. Every manually powered vessel may carry and exhibit the

lights prescribed in this subsection for sailing vessels. If such

lights are not carried and exhibited, there shall be carried ready

at hand on the vessel a lantern or flashlight showing a white light

which shall be exhibited in sufficient time to avert collision; and

9. Every vessel at anchor shall carry and exhibit an all-around

white light in such a position where it may best be seen. The deck

of an anchored vessel may be illuminated by available auxiliary

lights, provided the auxiliary lights do not interfere with the

visibility of required lights or impair the safe navigation of other

vessels.

For purposes of this section, "restricted visibility" shall mean any

condition which restricts visibility including but not limited to

fog, mist, falling snow, heavy rain or sandstorm.

C. Every vessel shall be provided with an efficient whistle or

other sound-producing mechanical appliance; provided, however, no

vessel, except for emergency and law enforcement vessels, shall be

equipped with a siren.

D. Every vessel of eight (8) meters or greater, or twenty-six

(26) feet three (3) inches or greater, in length shall be equipped

with an efficient bell.

E. Every vessel shall be required to carry:

1. At least one wearable personal flotation device for each

person on board so placed as to be readily accessible and of a size

suitable to the person who is or will be wearing it; and

2. At least one type IV (throwable) personal flotation device

on board, so placed as to be readily accessible. This paragraph

shall not apply to any vessel under sixteen (16) feet in length.

All lifesaving devices shall be in good and serviceable condition.

F. Every vessel using flammable liquid as fuel shall be

equipped with such number, size, and type of United States Coast

Guard approved fire extinguisher as prescribed in the rules of the

Department of Public Safety. Such extinguisher shall be capable of

promptly and effectively extinguishing burning fuel. Fire

extinguishers shall be at all times kept in condition for immediate

and effective use and shall be so placed and secured to the vessel

as to be readily accessible.

G. The provisions of subsections B, C, and E of this section

shall not apply to vessels while competing in any race conducted

pursuant to Section 4205 of this title, or, if such vessels are

designed and intended solely for racing, while engaged in such

navigation as is incidental to the tuning up of vessels and motors

for the race.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1662

H. Every vessel shall have the carburetor or carburetors of

every motor therein, except outboard motors, using any liquid as

fuel, equipped with a United States Coast Guard or U.L. or S.A.E.

approved backfire flame arrestor or other appropriate attachment, as

prescribed by the rules of the Department of Public Safety.

I. Every vessel, except open vessels, using any liquid as fuel

shall be provided with such means as may be prescribed by the United

States Coast Guard for properly and efficiently ventilating the

bilges of the motor and fuel tank compartments so as to remove any

explosive or inflammable gases.

J. No person shall operate or give permission for the operation

of a vessel which is not equipped as required by this section or

modification thereof and as prescribed in the rules of the

Department of Public Safety.

K. Any motorized vessel, as defined in Section 4002 of this

title, other than a personal watercraft, as defined by Section 4201

of this title, that is sold or operated in this state shall be

required to have a carbon monoxide warning sticker affixed in plain

view to the interior of the vessel. The Department of Public Safety

shall develop and approve a carbon monoxide warning sticker and

literature on the dangers of carbon monoxide and boating. The

Department may approve a carbon monoxide warning sticker that has

been approved by the United States Coast Guard for similar uses in

other states. A carbon monoxide warning sticker already developed

by a vessel manufacturer that is affixed to a vessel satisfies the

requirements of this subsection. After development and approval of

the sticker, the Department shall transfer the sticker design to

Service Oklahoma for printing and distribution. Service Oklahoma

and its licensed operators shall provide the stickers along with

literature on the dangers of carbon monoxide and boating to vessel

owners in annual registration materials at no cost and shall include

the stickers when an application for a certificate of title is made

and the ownership of the vessel is transferred. Once a vessel is

stickered, Service Oklahoma shall no longer be required to include

the stickers with vessel registration materials or to a new owner if

the vessel is resold. The Department of Public Safety and Service

Oklahoma are authorized to promulgate any rules necessary to

effectuate the provisions of this subsection.
Okla. Stat. tit. 63, § 63-1-744.3 — OK Code / Title 63 / Section 63-1-744.3
Medical emergency – Notice requirement
Status: in_force

Immediate notice shall not be required if the attending

physician certifies in the pregnant female's record that, in

reasonable medical judgment, a medical emergency exists and there is

insufficient time to provide the prior notification required by

Section 6 of this act. The attending physician or the physician's

agent shall verbally inform the parent within twenty-four (24) hours

after the performance of a medical emergency abortion, that a

medical emergency abortion was performed on the unemancipated minor

or on the female for whom a guardian or conservator has been

appointed and shall also send a written notice within twenty-four

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

the last-known address of the parent, of the performed medical

emergency abortion. The written notice shall follow the

requirements in paragraph 2 of Section 6 of this act.
Okla. Stat. tit. 63, § 63-2-101.1 — OK Code / Title 63 / Section 63-2-101.1
Drug paraphernalia - Factors used in determining
Status: in_force

In determining whether an object is “drug paraphernalia”, a

court or jury shall consider, in addition to all other logically

relevant factors, the following:

1. Statements by an owner or by anyone in control of the object

concerning its use;

2. The proximity of the object, in time and space, to a direct

violation of the Uniform Controlled Dangerous Substances Act;

3. The proximity of the object to controlled dangerous

substances;

4. The existence of any residue of controlled dangerous

substances on the object;

5. Direct or circumstantial evidence of the intent of an owner,

or of anyone in control of the object, to deliver it to any person

who intends to use the object to facilitate a violation of the

Uniform Controlled Dangerous Substances Act. The innocence of an

owner, or of anyone in control of the object, as to a direct

Oklahoma Statutes - Title 63. Public Health and Safety Page 888

violation of this act shall not prevent a finding that the object is

intended for use, or fashioned specifically for use, as drug

paraphernalia;

6. Instructions, oral or written, provided with the object

which either state directly or imply that the object is to be used

for the consumption of controlled dangerous substances;

7. Descriptive materials accompanying the object which explain

or depict its use as an object for the consumption of controlled

dangerous substances;

8. The manner in which the object is displayed for sale;

9. Whether the owner, or anyone in control of the object, is a

legitimate supplier of like or related items to the community, such

as a licensed distributor or dealer of tobacco products;

10. Direct or circumstantial evidence of the ratio of sales of

the object or objects to the total sales of the business enterprise;

11. The existence and scope of legitimate uses for the object

in the community; and

12. Expert testimony concerning its use.

Provided, nothing in this section shall apply to objects in the

possession of harm-reduction services providers as authorized by

Section 3 of this act.
Okla. Stat. tit. 63, § 63-5030.2 — OK Code / Title 63 / Section 63-5030.2
Definitions
Status: in_force

As used in Sections 1 through 5 of this act:

1. “Compendia” means the “American Hospital Formulary Services

Drug Information”, “U.S. Pharmacopoeia Drug Information”, peer-

reviewed medical literature, other information provided by

individuals involved in health care, and information as needed by

the Medicaid Drug Utilization Review Board;

2. “Criteria” means those explicit and predetermined elements

that are used to assess or measure drug use on an ongoing basis to

Oklahoma Statutes - Title 63. Public Health and Safety Page 1733

determine if the use is appropriate, medically necessary, and not

likely to result in adverse medical outcomes;

3. “Authority” means the Oklahoma Health Care Authority;

4. “Drug-disease contraindication” means the possibility that

the therapeutic effect of a drug would be adversely altered by the

presence of another disease or condition;

5. “Drug interactions” means the possibility that two or more

drugs taken by a patient may lead to clinically significant toxicity

that is uncharacteristic of any one of the drugs present or that the

taking of which leads to interference with the effectiveness of one

or any of the drugs;

6. “Drug to drug interaction” means a clinically significant

adverse medical effect that results from the use of two or more

drugs together;

7. “Drug Utilization Review” or “DUR” means both retrospective

and prospective drug utilization review designed to educate

physicians and pharmacists and thereby ensure that prescriptions are

appropriate, medically necessary and not likely to have adverse

medical results;

8. “Overutilization” or “underutilization” means the use of a

drug in such quantities that the desired therapeutic goal is not

achieved;

9. “Prospective drug utilization review” means the part of a

drug utilization review program that occurs before a drug is

dispensed, and that is designed to screen, based on explicit and

predetermined criteria and standards, for potential drug therapy

problems, including, but not limited to:

a. therapeutic duplication,

b. drug-disease contraindications,

c. incorrect drug dosage or duration of drug treatment,

d. drug allergy interactions, and

e. clinical abuse or misuse; and

10. “Retrospective drug utilization review” means the part of

the drug utilization review program that assesses or measures drug

use based on an historical review of drug use data against

predetermined and explicit criteria and standards on an ongoing

basis with professional input. Retrospective drug utilization

review includes the periodic examination of Medicaid drug pharmacy

claims data and other information sources to identify the frequency

of patterns of fraud, abuse, gross overuse, or inappropriate or

medically unnecessary care:

a. among physicians, pharmacists, and patients, or

b. associated with specific drugs.
Okla. Stat. tit. 63, § 63-1-862 — OK Code / Title 63 / Section 63-1-862
Continuing education requirements for administrators
Status: in_force

A. All administrators operating a hospice program in this state

shall be required to complete eight (8) hours of continuing

education each calendar year.

B. The State Board of Health shall promulgate rules concerning

the qualifications of continuing education courses for

administrators of hospice programs. Courses shall consist of a

minimum of forty-five (45) minutes in length and may be completed

either in person or online. Two (2) of the eight (8) hours shall be

composed of ethics, and membership in a statewide organization

relating to hospice care shall be considered as completion of one

(1) hour of ethics credit each year. The Board may collaborate with

statewide organizations specializing in the administration of

hospice care to develop the qualifications provided for in this

subsection.

C. A hospice program shall be responsible for maintaining

records demonstrating its administrator has completed the required

Oklahoma Statutes - Title 63. Public Health and Safety Page 522

continuing education. The State Department of Health may request

copies of such records at any time.
Okla. Stat. tit. 63, § 63-2175 — OK Code / Title 63 / Section 63-2175
Public umbilical cord blood bank – Education program –
Status: in_force

Donation to bank.

A. Contingent on the provision of appropriated funds designated

for the State Department of Health or the donation of private funds

to the State Department of Health for such purpose, on or before

January 1, 2009, the State Department of Health, in collaboration

with a private blood donor or private blood bank organization, shall

establish, operate and maintain a public umbilical cord blood bank

or cord blood collection operation for the purpose of collecting and

storing umbilical cord blood and placental tissue donated by

maternity patients at hospitals licensed in this state.

B. On or before January 1, 2009, the State Department of

Health, in collaboration with a private blood donor or private blood

bank organization shall establish a program to educate maternity

patients with respect to the subject of cord blood banking. The

program shall provide maternity patients with sufficient information

to make an informed decision on whether or not to participate in a

private or public umbilical cord blood banking program and shall

include, but not be limited to, explanations and information on:

1. The difference between public and private umbilical cord

blood banking;

2. The medical process involved in umbilical cord blood

banking;

3. The current and potential future medical uses of stored

umbilical cord blood;

4. The benefits and risks involved in banking umbilical cord

blood; and

5. The availability and cost of storing umbilical cord blood

and placental tissue in public and private umbilical cord blood

banks.

C. 1. Each physician licensed in this state and each hospital

licensed in this state shall inform each pregnant patient under the

care of the physician or hospital, not later than thirty (30) days

from the commencement of the patient’s third trimester of pregnancy,

of the opportunity to donate to the public umbilical cord blood

bank, established under subsection A of this section, blood and

tissue extracted from the umbilical cord and placenta, following

delivery of a newborn child, at no cost to the patient.

2. Nothing in this section shall be construed to:

a. obligate a hospital to collect umbilical cord blood or

placental tissue if, in the professional judgment of a

physician licensed in this state, the collection would

threaten the health of the mother or child,

b. prohibit a maternity patient from donating or storing

blood extracted from the umbilical cord or placenta of

the patient’s newborn child to a private umbilical

cord blood and placental tissue bank, or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1348

c. impose a requirement upon attending medical personnel

who object to umbilical cord blood or placental tissue

donation as being in conflict with their religious

tenets and practice.
Okla. Stat. tit. 63, § 63-2200.32 — OK Code / Title 63 / Section 63-2200.32
Prohibited actions by health carriers
Status: in_force

A. For purposes of this section:

1. "Covered person" means a policyholder, subscriber, enrollee,

member or individual covered by a health benefit plan;

2. "Health benefit plan" means a policy, contract, certificate,

or agreement entered into, offered or issued by a health carrier to

provide, deliver, arrange for, pay for or reimburse any of the costs

of health care services. Health benefit plan shall not include a

plan providing coverage for excepted benefits and short term

policies that have a term of less than twelve (12) months; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1375

3. "Health carrier" means an entity subject to the insurance

laws and regulations of this state, or subject to the jurisdiction

of the Insurance Commissioner, that contracts or offers to contract

to provide, deliver, arrange for, pay for or reimburse any of the

costs of health care services including through a health benefit

plan as defined in this section, and shall include a sickness and

accident insurance company, a health maintenance organization, a

preferred provider organization or any similar entity, or any other

entity providing a plan of health insurance or health benefits.

B. A health carrier that provides coverage for anatomical

gifts, organ transplants or related treatment and services shall

not:

1. Deny coverage to a covered person solely on the basis of the

person's disability;

2. Deny to a patient eligibility, or continued eligibility, to

enroll or to renew coverage under the terms of the health benefit

plan, solely for the purpose of avoiding the requirements of this

section;

3. Penalize or otherwise reduce or limit the reimbursement of

an attending provider, or provide monetary or nonmonetary incentives

to an attending provider, to induce such provider to provide care to

an insured or enrollee in a manner inconsistent with this section;

or

4. Reduce or limit coverage benefits to a patient for the

medical services or other services related to organ transplantation

performed pursuant to this section as determined in consultation

with the attending physician and patient.

C. In the case of a health benefit plan maintained pursuant to

one or more collective bargaining agreements between employee

representatives and one or more employers, any plan amendment made

pursuant to a collective bargaining agreement relating to the plan

which amends the plan solely to conform to any requirement imposed

pursuant to this section shall not be treated as a termination of

the collective bargaining agreement.

D. Nothing in this section shall be construed to require a

health carrier to provide coverage for a medically inappropriate

organ transplant.

E. The Insurance Commissioner shall promulgate rules to

implement the provisions of this section.
Okla. Stat. tit. 63, § 63-142.1 — OK Code / Title 63 / Section 63-142.1
Short title
Status: in_force

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

Underground Facilities Damage Prevention Act".
Okla. Stat. tit. 63, § 63-4103 — OK Code / Title 63 / Section 63-4103
Excise tax - Amount - When due - Delinquency - Failure or
Status: in_force

refusal to pay - Penalty - Exceptions - Credits.

A. There is hereby levied an excise tax of three and one-fourth

percent (3 1/4%) of the value of each vessel and motor upon the

transfer of legal ownership of any such vessel or motor registered

in this state and upon the use of any such vessel or motor

registered in this state, and upon the use of any such vessel or

motor registered for the first time in this state required to be

registered pursuant to the Oklahoma Vessel and Motor Registration

Act. The tax hereby levied shall be due at the time of the transfer

of legal ownership or first registration in this state of such

vessel or motor and shall be collected by Service Oklahoma at the

time of the issuance of a certificate of title for any such vessel

or motor. The excise tax levied by the Oklahoma Vessel and Motor

Excise Tax Act shall be delinquent from and after the thirtieth day

after the legal ownership or possession of any vessel or motor is

obtained. Any person failing or refusing to pay the tax as herein

provided on or before the date of delinquency shall pay, in addition

to the tax, a penalty of twenty-five cents ($0.25) per day for each

day of delinquency, but such penalty shall in no event exceed the

amount of the tax.

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

made without consideration between husband and wife or parent and

child.

C. There shall be a credit allowed with respect to the excise

tax paid for a new vessel or motor which is a replacement for:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1652

a. a new original vessel or motor which is stolen from

the purchaser/registrant within ninety (90) days of

the date of purchase of the original vessel or motor

as certified by a police report or other documentation

as required by Service Oklahoma, or

b. a defective new original vessel or motor returned by

the purchaser/registrant to the seller within six (6)

months of the date of purchase of the defective new

original vessel or motor as certified by the

manufacturer.

Said credit shall be in the amount of the excise tax which was paid

for the new original vessel or motor and shall be applied to the

excise tax due on the replacement vessel or motor. In no event will

said credit be refunded.
Okla. Stat. tit. 63, § 63-1-109 — OK Code / Title 63 / Section 63-1-109
Right to choose practitioner
Status: in_force

Nothing in this Code shall prevent citizens of this state from

the free choice of any practitioner of the healing arts who is

licensed to practice his profession in the State of Oklahoma, nor

from the free choice of a duly-accredited religious practitioner of

any nationally recognized church or denomination who practices

healing by prayer or spiritual means alone in accordance with the

tenets and practices of such church or denomination, nor shall this

Code be construed to permit one legalized profession of the healing

arts to discriminate in any manner against any other profession of

the healing arts so licensed to practice its profession by the State

of Oklahoma.
Okla. Stat. tit. 63, § 63-1-2008.1 — OK Code / Title 63 / Section 63-1-2008.1
Renumbered as § 2-7-117 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.