Okla. Stat. tit. 63, § 63-3121 — OK Code / Title 63 / Section 63-3121
Short title
Status: in_force

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

as the "Uniform Determination of Death Act".
Okla. Stat. tit. 63, § 63-1-2416.1 — OK Code / Title 63 / Section 63-1-2416.1
Renumbered as § 2-10-501 of Title 27A by Laws 1993,
Status: in_force

c. 145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-4210.8 — OK Code / Title 63 / Section 63-4210.8
Operation or control of vessel under influence of
Status: in_force

alcohol or other intoxicating substance.

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

actual physical control of a vessel upon the waters of this state,

except privately owned waters, who:

1. Has a blood or breath alcohol concentration of eight-

hundredths (0.08) or more at the time of a test of the person's

blood or breath;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1672

2. Is under the influence of any other intoxicating substance

to a degree which renders such person incapable of safely operating

a vessel upon the waters of this state; or

3. Is under the influence of alcohol and any other intoxicating

substance to a degree which renders such person incapable of safely

operating a vessel upon the waters of this state.

As used in this section, "other intoxicating substance" means

any controlled dangerous substance as defined in the Uniform

Controlled Dangerous Substances Act or any other substance, other

than alcohol, which is capable of being ingested, inhaled, injected

or absorbed into the human body and is capable of adversely

affecting the central nervous system, vision, hearing or other

sensory or motor functions.

B. 1. Any person operating a vessel upon the waters of this

state, except privately owned waters, shall be deemed to have given

consent to a test or tests of such person's blood, breath, saliva or

urine for the purpose of determining the presence and concentration

of alcohol or any other intoxicating substance. Such tests shall be

performed within two (2) hours of an arrest and in the same manner

as provided for in Section 752 of Title 47 of the Oklahoma Statutes.

2. Evidence that the person has refused to submit to a test or

tests as required by this section shall be admissible upon the trial

of any criminal action or proceeding arising out of acts alleged to

have been committed in violation of the provisions of this section.

3. Any person refusing to submit to such test or tests shall be

in violation of this section and subject to the fines provided for

herein.

C. 1. Any person convicted of a violation of this section

shall be guilty of a misdemeanor and fined in an amount not to

exceed One Thousand Dollars ($1,000.00). Any second or subsequent

conviction shall be punishable by a fine in an amount of not less

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

Five Hundred Dollars ($2,500.00).

2. A person arrested by a law enforcement officer for a

violation of this section may be allowed to post a cash bail in an

amount set by the arresting law enforcement officer not to exceed

the maximum fine provided by this section, or deposit a valid

license to operate a motor vehicle in exchange for an official

receipt issued by the arresting officer as provided for in Section

1111 et seq. of Title 22 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-1990.5 — OK Code / Title 63 / Section 63-1-1990.5
Activation of silver alert procedure - Procedure
Status: in_force

A. A silver alert shall be activated if a local law enforcement

agency:

1. Receives notice of a missing senior citizen;

2. Verifies that at the time the senior citizen is reported

missing:

a. the person reported missing is sixty (60) years of age

or older,

b. the location of the senior citizen is unknown, or

Oklahoma Statutes - Title 63. Public Health and Safety Page 799

c. the senior citizen has dementia or other cognitive

impairment;

3. Determines that the disappearance of the senior citizen

poses a credible threat to the health and safety of the senior

citizen; and

4. Determines that information which may assist in the safe

recovery of the missing senior citizen is available.

B. The local law enforcement agency shall:

1. Require the family or legal guardian of the missing senior

citizen to provide documentation of the impaired mental condition of

the senior citizen;

2. Determine identifying information about the missing senior

citizen and any other information which might be useful to the

general public in the safe recovery of the missing senior citizen;

and

3. Report the individual through the national crime information

center immediately upon the issuance of a silver alert.
Okla. Stat. tit. 63, § 63-4211 — OK Code / Title 63 / Section 63-4211
Diving or submerging in body of water - Use of buoys -
Status: in_force

Operating vessel in diving area.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1681

A. Any person diving or submerging in a body of water with the

aid of any mechanical diving or breathing device or suit shall place

a buoy with a flag in the water at or near the point of submergence

or fly a flag from a vessel indicating divers are present, in the

following manner:

1. Either the nationally recognized diver's flag or Alpha flag

may be flown;

2. When flown from a vessel, at least one flag shall be flown

not less than one (1) meter above the highest point of the vessel

and shall be visible from a three-hundred-sixty-degree circle;

3. The buoy, flag or flags shall be in place only while actual

diving operations are in progress;

4. No diving buoys may be closer than one hundred (100) yards

to any functional boat ramp; and

5. The flag or flags shall be in good condition and legible,

and the flag shall be in the extended position so as to be visible

to any other vessel.

B. It shall be unlawful for any person to operate a vessel

within one hundred fifty (150) feet of a diving buoy except while

engaged in the rescue of a person in such area.
Okla. Stat. tit. 63, § 63-1-1941 — OK Code / Title 63 / Section 63-1-1941
Copies of complaints, inspection or survey results to Office of the State Long-Term Care
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 24Office of the State Long-Term Care Ombudsman.

All state agencies receiving complaints on, or conducting

surveys or inspections of, nursing home facilities shall forward

complete copies of complaints or of inspection or survey results to

the Office of the State Long-Term Care Ombudsman.
Okla. Stat. tit. 63, § 63-684.5 — OK Code / Title 63 / Section 63-684.5
Limitations
Status: in_force

ARTICLE IV

Limitations

Any party state requested to render mutual aid or conduct

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

Oklahoma Statutes - Title 63. Public Health and Safety Page 1243

necessary to provide and make available the resources covered by

this compact in accordance with the terms hereof; provided that it

is understood that the state rendering aid may withhold resources to

the extent necessary to provide reasonable protection for such

state.

Each party state shall afford to the emergency forces of any

party state, while operating within its state limits under the terms

and conditions of this compact, the same powers, except that of

arrest unless specifically authorized by the receiving state,

duties, rights, and privileges as are afforded forces of the state

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 the

operational control of the emergency services authorities of the

state receiving assistance. These conditions may be activated, as

needed, only subsequent to a declaration of a state emergency or

disaster by the governor of the party state that is to receive

assistance or upon commencement of exercises or training for mutual

aid and shall continue as long as the exercises or training for

mutual aid are in progress, the state of emergency or disaster

remains in effect, or loaned resources remain in the receiving

state, whichever is longer.
Okla. Stat. tit. 63, § 63-1-701 — OK Code / Title 63 / Section 63-1-701
Definitions
Status: in_force

For the purposes of Section 1-701 et seq. of this title:

1. “Hospital” means any institution, place, building or agency,

public or private, whether organized for profit or not, primarily

engaged in the maintenance and operation of facilities for the

diagnosis, treatment or care of patients admitted for overnight stay

or longer in order to obtain medical care, surgical care,

obstetrical care, or nursing care for illness, disease, injury,

infirmity, or deformity. Except as otherwise provided by paragraph

7 of this section, places where pregnant females are admitted and

receive care incident to pregnancy, abortion or delivery shall be

considered to be a hospital within the meaning of this article,

regardless of the number of patients received or the duration of

their stay. The term hospital includes general medical surgical

hospitals, specialized hospitals, critical access hospitals,

emergency hospitals, and rural emergency hospitals, but does not

include birthing centers except to the extent a birthing center is

licensed as a hospital;

2. “General medical surgical hospital” means a hospital

maintained for the purpose of providing hospital care in a broad

category of illness and injury;

3. “Specialized hospital” means a hospital maintained for the

purpose of providing hospital care in a certain category, or

categories, of illness and injury;

4. “Critical access hospital” means a hospital determined by

the State Department of Health to be a necessary provider of health

care services to residents of a rural community;

5. “Emergency hospital” means a hospital that provides

emergency treatment and stabilization services on a twenty-four-hour

basis that has the ability to admit and treat patients for short

periods of time;

6. “Rural emergency hospital” means a hospital that provides

emergency treatment and stabilization services for an average length

of stay of twenty-four (24) hours or less;

7. “Birthing center” means any facility, place or institution

that is maintained or established primarily for the purpose of

providing services to assist or attend a woman in delivery and

birth, and where a woman is scheduled in advance to give birth

following a normal, uncomplicated, low-risk pregnancy. Such

services are performed by:

a. a licensed Advanced Practice Registered Nurse

recognized by the Oklahoma Board of Nursing as a

Certified Nurse-Midwife,

Oklahoma Statutes - Title 63. Public Health and Safety Page 263

b. a Certified Professional Midwife or Certified Midwife

licensed under Section 3040.6 of Title 59 of the

Oklahoma Statutes, or

c. a licensed allopathic or osteopathic physician.

Provided, however, licensure shall not be available or required for

birthing centers unless the birthing center is a hospital, in which

case the hospital shall be licensed as a hospital under Section 1-

702 of this title;

8. “Day treatment program” means nonresidential, partial

hospitalization programs, day treatment programs, and day hospital

programs as defined by subsection A of Section 175.20 of Title 10 of

the Oklahoma Statutes; and

9. a. “Primarily engaged” means a hospital shall be

primarily engaged, defined by this section and as

determined by the State Department of Health, in

providing to inpatients the following care by or under

the supervision of physicians:

(1) diagnostic services and therapeutic services for

medical diagnosis, treatment and care of injured,

disabled or sick persons, or

(2) rehabilitation services for the rehabilitation of

injured, disabled or sick persons.

b. In reaching a determination as to whether an entity is

primarily engaged in providing inpatient hospital

services to inpatients of a hospital, the Department

shall evaluate the total facility operations and

consider multiple factors as provided in subparagraphs

c and d of this paragraph.

c. In evaluating the total facility operations, the

Department shall review the actual provision of care

and services to two or more inpatients, and the

effects of that care, to assess whether the care

provided meets the needs of individual patients by way

of patient outcomes.

d. The factors that the Department shall consider for

determination of whether an entity meets the

definition of primarily engaged include, but are not

limited to:

(1) a minimum of four inpatient beds,

(2) the entity’s average daily census (ADC),

(3) the average length of stay (ALOS),

(4) the number of off-site campus outpatient

locations,

(5) the number of provider-based emergency

departments for the entity,

Oklahoma Statutes - Title 63. Public Health and Safety Page 264

(6) the number of inpatient beds related to the size

of the entity and the scope of the services

offered,

(7) the volume of outpatient surgical procedures

compared to the inpatient surgical procedures, if

surgical services are provided,

(8) staffing patterns, and

(9) patterns of ADC by day of the week.

e. Notwithstanding any other provision of this section,

an entity shall be considered primarily engaged in

providing inpatient hospital services to inpatients if

the hospital has had an ADC of at least two (2) and an

ALOS of at least two (2) midnights over the past

twelve (12) months. A critical access hospital shall

be exempt from the ADC and ALOS determination. ADC

shall be calculated by adding the midnight daily

census for each day of the twelve-month period and

then dividing the total number by days in the year. A

facility that has been operating for less than (12)

months at the time of the survey shall calculate its

ADC based on the number of months the facility has

been operational, but not less than three (3) months.

If a first survey finds noncompliance with the ADC and

ALOS, a second survey may be required by the

Department to demonstrate compliance with state

licensure.
Okla. Stat. tit. 63, § 63-4236 — OK Code / Title 63 / Section 63-4236
Boating Safety Education Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Department of Public Safety to be designated the "Boating

Safety Education Fund". The fund shall be a continuing fund, not

Oklahoma Statutes - Title 63. Public Health and Safety Page 1695

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

collected pursuant to Section 4235 of this title and any monies

contributed to the fund from any other source. All monies accruing

to the credit of such fund are hereby appropriated and shall be

budgeted and expended by the Department for the exclusive purposes

of establishing and maintaining a boating safety education program

throughout the State of Oklahoma. Expenditures from such fund shall

be made upon warrants issued by the State Treasurer against claims

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

Management and Enterprise Services for approval and payment.
Okla. Stat. tit. 63, § 63-2-302 — OK Code / Title 63 / Section 63-2-302
Registration requirements
Status: in_force

A. Every person who manufactures, distributes, dispenses,

prescribes, administers or uses for scientific purposes any

controlled dangerous substance within or into this state, or who

proposes to engage in the manufacture, distribution, dispensing,

prescribing, administering or use for scientific purposes of any

controlled dangerous substance within or into this state shall

obtain a registration issued by the Director of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control, in accordance with

rules promulgated by the Director. Persons registered by the

Director under Section 2-101 et seq. of this title to manufacture,

distribute, dispense or conduct research with controlled dangerous

substances may possess, manufacture, distribute, dispense or conduct

research with those substances to the extent authorized by their

registration and in conformity with the other provisions of the

Uniform Controlled Dangerous Substances Act. Every wholesaler,

manufacturer or distributor of any drug product containing

Oklahoma Statutes - Title 63. Public Health and Safety Page 933

pseudoephedrine or phenylpropanolamine, or their salts, isomers or

salts of isomers, shall obtain a registration issued by the Director

of the Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control in accordance with rules promulgated by the Director and as

provided for in Section 2-332 of this title. Any person who

manufactures, distributes, dispenses, prescribes, administers or

uses for scientific purposes any controlled dangerous substances

within or into this state without first obtaining a registration

issued by the Director of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control shall be subject to the same statutory and

administrative jurisdiction of the Director as if that person were

an applicant or registrant.

B. Out-of-state pharmaceutical suppliers who provide controlled

dangerous substances to individuals within this state shall obtain a

registration issued by the Director of the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control, in accordance with rules

promulgated by the Director. This provision shall also apply to

wholesale distributors who distribute controlled dangerous

substances to pharmacies or other entities registered within this

state in accordance with rules promulgated by the Director.

C. Every person who owns in whole or in part a public or

private medical facility for which a majority of patients are issued

on a reoccurring monthly basis a prescription for opioids,

benzodiazepines, barbiturates or carisoprodol, but not including

buprenorphine with naloxone or buprenorphine as used for medication-

assisted treatment services, shall obtain a registration issued by

the Director of the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control.

D. Every manufacturer and distributor required to register

under the provisions of this section shall provide all data required

pursuant to 21 U.S.C., Section 827(d)(1) on a monthly basis to the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.

Controlled dangerous substances in Schedule I shall be reported in

accordance with rules promulgated by the Director. Reporting of

controlled dangerous substances pursuant to 21 U.S.C., Section

827(d)(1) shall include, but not be limited to:

1. The manufacturer’s or distributor’s name, address, phone

number, DEA registration number and controlled dangerous substance

registration number issued by the Bureau;

2. The name, address and DEA registration number of the entity

to whom the controlled dangerous substance was sold;

3. The date of the sale of the controlled dangerous substance;

4. The name and National Drug Code of the controlled dangerous

substance sold; and

5. The number of containers and the strength and quantity of

controlled dangerous substances in each container sold.

Oklahoma Statutes - Title 63. Public Health and Safety Page 934

E. The information maintained and provided pursuant to

subsection D of this section shall be confidential and not open to

the public. Access to the information shall, at the discretion of

the Director, be limited to:

1. Peace officers certified pursuant to the provisions of

Section 3311 of Title 70 of the Oklahoma Statutes who are employed

as investigative agents of the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control or the Office of the Attorney General;

2. The United States Drug Enforcement Administration Diversion

Group Supervisor; and

3. A multicounty grand jury properly convened pursuant to the

provisions of the Multicounty Grand Jury Act.

F. Manufacturers, distributors, home care agencies, hospices,

home care services, medical facility owners referred to in

subsection C of this section and scientific researchers shall obtain

a registration annually. Other practitioners shall obtain a

registration for a period to be determined by the Director that will

be for a period not less than one (1) year nor more than three (3)

years.

G. Every trainer or handler of a canine controlled dangerous

substances detector who, in the ordinary course of such trainer’s or

handler’s profession, desires to possess any controlled dangerous

substance, annually, shall obtain a registration issued by the

Director for a fee of Seventy Dollars ($70.00). Such persons shall

be subject to all applicable provisions of Section 2-101 et seq. of

this title and such applicable rules promulgated by the Director for

those individuals identified in subparagraph a of paragraph 32 of

Section 2-101 of this title. Persons registered by the Director

pursuant to this subsection may possess controlled dangerous

substances to the extent authorized by their registration and in

conformity with the other provisions of the Uniform Controlled

Dangerous Substances Act.

H. The following persons shall not be required to register and

may lawfully possess controlled dangerous substances under the

provisions of Section 2-101 et seq. of this title:

1. An agent, or an employee thereof, of any registered

manufacturer, distributor, dispenser or user for scientific purposes

of any controlled dangerous substance, if such agent is acting in

the usual course of such agent’s or employee’s business or

employment;

2. Any person lawfully acting under the direction of a person

authorized to administer controlled dangerous substances under

Section 2-312 of this title;

3. A common or contract carrier or warehouser, or an employee

thereof, whose possession of any controlled dangerous substance is

in the usual course of such carrier’s or warehouser’s business or

employment;

Oklahoma Statutes - Title 63. Public Health and Safety Page 935

4. An ultimate user or a person in possession of any controlled

dangerous substance pursuant to a lawful order of a practitioner;

5. An individual pharmacist acting in the usual course of such

pharmacist’s employment with a pharmacy registered pursuant to the

provisions of Section 2-101 et seq. of this title;

6. A nursing home licensed by this state;

7. Any Department of Mental Health and Substance Abuse Services

employee or any person whose facility contracts with the Department

of Mental Health and Substance Abuse Services whose possession of

any dangerous drug, as defined in Section 353.1 of Title 59 of the

Oklahoma Statutes, is for the purpose of delivery of a mental health

consumer’s medicine to the consumer’s home or residence;

8. Registered nurses and licensed practical nurses; and

9. An assisted living facility licensed by this state.

I. The Director may, by rule, waive the requirement for

registration or fee for registration of certain manufacturers,

distributors, dispensers, prescribers, administrators or users for

scientific purposes if the Director finds it consistent with the

public health and safety.

J. A separate registration shall be required at each principal

place of business or professional practice where the applicant

manufactures, distributes, dispenses, prescribes, administers or

uses for scientific purposes controlled dangerous substances.

K. The Director is authorized to inspect the establishment of a

registrant or applicant for registration in accordance with rules

promulgated by the Director.

L. No person engaged in a profession or occupation for which a

license to engage in such activity is provided by law shall be

registered under the Uniform Controlled Dangerous Substances Act

unless such person holds a valid license of such person’s profession

or occupation.

M. Registrations shall be issued on the first day of November

of each year and shall expire annually. Registrations may be issued

at other times, however, upon certification of the professional

licensing board. Registration applications shall be required

annually thereafter.

N. The licensing boards of all professions and occupations to

which the use of controlled dangerous substances is incidental shall

furnish a current list to the Director, not later than the first day

of October of each year, of the persons holding valid licenses. All

such persons except persons exempt from registration requirements

under subsection H of this section shall be subject to the

registration requirements of Section 2-101 et seq. of this title.

O. The licensing board of any professional defined as a mid-

level practitioner shall notify and furnish to the Director, not

later than the first day of October of each year, that such

professional holds a valid license, a current listing of individuals

Oklahoma Statutes - Title 63. Public Health and Safety Page 936

licensed and registered with their respective boards to prescribe,

order, select, obtain and administer controlled dangerous

substances. The licensing board shall immediately notify the

Director of any action subsequently taken against any such

individual.

P. Beginning November 1, 2010, each registrant that prescribes,

administers or dispenses methadone shall be required to check the

prescription profile of the patient on the central repository of the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.

Q. All legal entities applying for or approved for registration

shall disclose to the Director all beneficial owners of the legal

entity. Publicly traded entities shall be exempt from full

disclosure; provided that, the publicly traded entity discloses to

the Director all beneficial owners who exercise authority or control

over controlled dangerous substances at each registered location.

R. No registration, or any authority conferred thereby, shall

be leased, assigned, or otherwise transferred. No registration

shall be transferrable on change of ownership or business activity.
Okla. Stat. tit. 63, § 63-1-1990.8 — OK Code / Title 63 / Section 63-1-1990.8
Short title — Kasey Alert Act
Status: in_force

This act shall be known and may be cited as the "Kasey Alert

Act".
Okla. Stat. tit. 63, § 63-4221 — OK Code / Title 63 / Section 63-4221
Failure to comply with lawful order or directive of law
Status: in_force

enforcement officer.

No person shall willfully fail or refuse to comply with any

lawful order or directive of any law enforcement officer while in

the performance of his or her duty of enforcing the provisions of

Title 63 or Title 21 of the Oklahoma Statutes. Failure to comply

will constitute a misdemeanor punishable by a fine not to exceed Two

Hundred Fifty Dollars ($250.00).
Okla. Stat. tit. 63, § 63-1-1101 — OK Code / Title 63 / Section 63-1-1101
Definitions
Status: in_force

For the purposes of this section:

1. The term "food" means:

a. articles used for food or drink for human consumption,

b. chewing gum, and

c. articles used for components of any such article.

2. 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 appearing on the label shall

not be considered to be complied with unless such word, statement,

or other information also appears on the outside container or

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

is easily legible through the outside container or wrapper.

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

liners.

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

printed or graphic matter:

a. upon an article or any of its containers or wrappers,

or

b. accompanying such article.

Oklahoma Statutes - Title 63. Public Health and Safety Page 570

5. 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.

6. The term "advertisement" means all representations

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

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

or indirectly, the purchase of food.

7. The term "contaminated with filth" applies to any food not

securely protected from dust, dirt, and, as far as may be necessary

by all reasonable means, from all foreign or injurious

contaminations.

8. The provisions of this article regarding the selling of food

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 articles in

the conduct of any food establishment.

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

Cosmetic Act.

10. The term "mobile food establishment" means a facility

including a trailer, that prepares food and beverages, is vehicle

mounted, is road-approved by the Department of Transportation

including wheels and axles, is readily movable, and remains at one

physical address for no more than twelve (12) hours at one time,

unless the mobile food establishment is operating on private

property. A mobile food establishment operating on private property

may remain at one physical address for no more than fourteen (14)

days.

11. The term "mobile push cart" means a non-self-propelled food

unit that can be manually moved by an average person without being

vehicle mounted.

12. The term "mobile retail food establishment" means a

licensed enterprise which sells packaged foods from a stationary

display at a location some distance from the establishment but still

at the same physical address for no more than twelve (12) hours;

provided, the licensed unit is on the premises and readily available

for inspection and the food has been prepared in a facility that is

Oklahoma Statutes - Title 63. Public Health and Safety Page 571

regulated by the good manufacturing practices in Title 21 of the

Code of Federal Regulations or pursuant to Section 310:260 of the

Oklahoma Administrative Code, Good Manufacturing Practice

Regulations, Oklahoma Department of Agriculture, Food, and Forestry,

and United States Department of Agriculture, or this act.

13. The term "mobile food vendor" means any person who

dispenses food or beverages from a mobile food establishment, mobile

push cart, or mobile retail food establishment.

14. The term "mobile food vending" means dispensing food or

beverages from a food vending vehicle.

15. The term "food vending vehicle" means a mobile food

establishment, mobile push cart, or mobile retail food

establishment.

16. The term "local authority" means any local government

including any town, city, charter city, political subdivision, or

county.

17. The term "public property" means any property owned and

operated by this state or a local authority for the benefit of the

public and includes all rights-of-way contained wholly within any

state or local authority parks.

18. The term "temporary mass gathering" means an actual or

reasonably anticipated assembly of three hundred (300) or more

people for an event that continues, or reasonably can be expected to

continue, for two (2) or more hours per day.

19. The term "nonobstructive spot inspection" means an

inspection of a mobile food establishment at a temporary mass

gathering that is conducted, if practicable, before the start of the

temporary mass gathering and that does not exceed ten (10) minutes

in length if conducted during a high-traffic time of the gathering.
Okla. Stat. tit. 63, § 63-2057 — OK Code / Title 63 / Section 63-2057
East Central Oklahoma Health and Social Service Center at
Status: in_force

Ada - Transfer of management and operation.

The management and operation of the property used by the East

Central Oklahoma Health and Social Service Center at Ada, Oklahoma,

under the Oklahoma Community Social Service Centers Act, Section

2051 et seq. of this title, shall be transferred from the State

Department of Health and shall be vested in the Office of Public

Affairs, on April 7, 1972, which shall have sole authority to rent

space in all buildings of the facility and to operate and maintain

such buildings. All income derived from the operations of the

property shall be deposited in the Building and Facility Revolving

Fund.
Okla. Stat. tit. 63, § 63-1-2559 — OK Code / Title 63 / Section 63-1-2559
Article X — Establishment of the Interstate Commission
Status: in_force

for EMS Personnel Practice.

ARTICLE X

Establishment of the Interstate Commission for EMS Personnel

Practice

A. The Compact states hereby create and establish a joint

public agency known as the Interstate Commission for EMS Personnel

Practice.

1. The Commission is a body politic and an instrumentality of

the Compact states.

2. Venue is proper and judicial proceedings by or against the

Commission shall be brought solely and exclusively in a court of

competent jurisdiction where the principal office of the Commission

is located. The Commission may waive venue and jurisdictional

defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings.

3. Nothing in this Compact shall be construed to be a waiver of

sovereign immunity.

B. Membership, Voting, and Meetings

1. Each member state shall have and be limited to one

delegate. The responsible official of the state EMS authority or

his or her designee shall be the delegate to this Compact for each

member state. Any delegate may be removed or suspended from office

as provided by the law of the state from which the delegate is

appointed. Any vacancy occurring in the Commission shall be filled

in accordance with the laws of the member state in which the vacancy

exists. In the event that more than one board, office, or other

agency with the legislative mandate to license EMS personnel at and

above the level of EMT exists, the governor of the state will

Oklahoma Statutes - Title 63. Public Health and Safety Page 854

determine which entity will be responsible for assigning the

delegate.

2. Each delegate shall be entitled to one vote with regard to

the promulgation of rules and creation of bylaws and shall otherwise

have an opportunity to participate in the business and affairs of

the Commission. A delegate shall vote in person or by such other

means as provided in the bylaws. The bylaws may provide for

delegates' participation in meetings by telephone or other means of

communication.

3. The Commission shall meet at least once during each calendar

year. Additional meetings shall be held as set forth in the bylaws.

4. All meetings shall be open to the public, and public notice

of meetings shall be given in the same manner as required under the

rulemaking provisions in Article XII of this Compact.

5. The Commission may convene in a closed, nonpublic meeting if

the Commission must discuss:

a. noncompliance of a member state with its obligations

under the Compact,

b. the employment, compensation, discipline, or other

personnel matters, practices, or procedures related to

specific employees or other matters related to the

Commission's internal personnel practices and

procedures,

c. current, threatened, or reasonably anticipated

litigation,

d. negotiation of contracts for the purchase or sale of

goods, services, or real estate,

e. accusing any person of a crime or formally censuring

any person,

f. disclosure of trade secrets or commercial or financial

information that is privileged or confidential,

g. disclosure of information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy,

h. disclosure of investigatory records compiled for law

enforcement purposes,

i. disclosure of information related to any investigatory

reports prepared by or on behalf of or for use of the

Commission or other committee charged with

responsibility of investigation or determination of

compliance issues pursuant to the Compact, or

j. matters specifically exempted from disclosure by

federal or member state statute.

6. If a meeting, or portion of a meeting, is closed pursuant to

paragraph 5 of this subsection, the Commission's legal counsel or

designee shall certify that the meeting may be closed and shall

reference each relevant exempting provision in paragraph 5 of this

Oklahoma Statutes - Title 63. Public Health and Safety Page 855

subsection. The Commission shall keep minutes that fully and

clearly describe all matters discussed in a meeting and shall

provide a full and accurate summary of actions taken, and the

reasons therefore, including a description of the views expressed.

All documents considered in connection with an action shall be

identified in such minutes. All minutes and documents of a closed

meeting shall remain under seal, subject to release by a majority

vote of the Commission or order of a court of competent

jurisdiction.

C. The Commission shall, by a majority vote of the delegates,

prescribe bylaws and/or rules to govern its conduct as may be

necessary or appropriate to carry out the purposes and exercise the

powers of the Compact, including, but not limited to:

1. Establishing the fiscal year of the Commission;

2. Providing reasonable standards and procedures:

a. for the establishment and meetings of other

committees, and

b. governing any general or specific delegation of any

authority or function of the Commission;

3. Providing reasonable procedures for calling and conducting

meetings of the Commission, ensuring reasonable advance notice of

all meetings, and providing an opportunity for attendance of such

meetings by interested parties, with enumerated exceptions designed

to protect the public's interest, the privacy of individuals, and

proprietary information, including trade secrets. The Commission

may meet in closed session only after a majority of the membership

votes to close a meeting in whole or in part. As soon as

practicable, the Commission must make public a copy of the vote to

close the meeting revealing the vote of each member with no proxy

votes allowed;

4. Establishing the titles, duties, and authority and

reasonable procedures for the election of the officers of the

Commission;

5. Providing reasonable standards and procedures for the

establishment of the personnel policies and programs of the

Commission. Notwithstanding any civil service or other similar laws

of any member state, the bylaws shall exclusively govern the

personnel policies and programs of the Commission;

6. Promulgating a code of ethics to address permissible and

prohibited activities of Commission members and employees;

7. Providing a mechanism for winding up the operations of the

Commission and the equitable disposition of any surplus funds that

may exist after the termination of the Compact after the payment

and/or reserving of all of its debts and obligations;

8. The Commission shall publish its bylaws and file a copy

thereof, and a copy of any amendment thereto, with the appropriate

agency or officer in each of the member states, if any;

Oklahoma Statutes - Title 63. Public Health and Safety Page 856

9. The Commission shall maintain its financial records in

accordance with the bylaws; and

10. The Commission shall meet and take such actions as are

consistent with the provisions of this Compact and the bylaws.

D. The Commission shall have the following powers:

1. The authority to promulgate uniform rules to facilitate and

coordinate implementation and administration of this Compact. The

rules shall have the force and effect of law and shall be binding in

all member states;

2. To bring and prosecute legal proceedings or actions in the

name of the Commission, provided that the standing of any state EMS

authority or other regulatory body responsible for EMS personnel

licensure to sue or be sued under applicable law shall not be

affected;

3. To purchase and maintain insurance and bonds;

4. To borrow, accept, or contract for services of personnel,

including, but not limited to, employees of a member state;

5. To hire employees, elect or appoint officers, fix

compensation, define duties, grant such individuals appropriate

authority to carry out the purposes of the Compact, and to establish

the Commission's personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other

related personnel matters;

6. To accept any and all appropriate donations and grants of

money, equipment, supplies, materials, and services, and to receive,

utilize, and dispose of the same; provided that at all times the

Commission shall strive to avoid any appearance of impropriety

and/or conflict of interest;

7. To lease, purchase, accept appropriate gifts or donations

of, or otherwise to own, hold, improve, or use, any property, real,

personal, or mixed; provided that at all times the Commission shall

strive to avoid any appearance of impropriety;

8. To sell, convey, mortgage, pledge, lease, exchange, abandon,

or otherwise dispose of any property real, personal, or mixed;

9. To establish a budget and make expenditures;

10. To borrow money;

11. To appoint committees, including advisory committees,

comprised of members, state regulators, state legislators or their

representatives, and consumer representatives, and such other

interested persons as may be designated in this Compact and the

bylaws;

12. To provide and receive information from, and to cooperate

with, law enforcement agencies;

13. To adopt and use an official seal; and

14. To perform such other functions as may be necessary or

appropriate to achieve the purposes of this Compact consistent with

the state regulation of EMS personnel licensure and practice.

Oklahoma Statutes - Title 63. Public Health and Safety Page 857

E. Financing of the Commission

1. The Commission shall pay, or provide for the payment of, the

reasonable expenses of its establishment, organization, and ongoing

activities.

2. The Commission may accept any and all appropriate revenue

sources, donations, and grants of money, equipment, supplies,

materials, and services.

3. The Commission may levy on and collect an annual assessment

from each member state or impose fees on other parties to cover the

cost of the operations and activities of the Commission and its

staff, which must be in a total amount sufficient to cover its

annual budget as approved each year for which revenue is not

provided by other sources. The aggregate annual assessment amount

shall be allocated based upon a formula to be determined by the

Commission, which shall promulgate a rule binding upon all member

states.

4. The Commission shall not incur obligations of any kind prior

to securing the funds adequate to meet the same, nor shall the

Commission pledge the credit of any of the member states, except by

and with the authority of the member state.

5. The Commission shall keep accurate accounts of all receipts

and disbursements. The receipts and disbursements of the Commission

shall be subject to the audit and accounting procedures established

under its bylaws. However, all receipts and disbursements of funds

handled by the Commission shall be audited yearly by a certified or

licensed public accountant, and the report of the audit shall be

included in and become part of the annual report of the Commission.

F. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, employees, and

representatives of the Commission shall be immune from suit and

liability, either personally or in their official capacity, for any

claim for damage to or loss of property or personal injury or other

civil liability caused by or arising out of any actual or alleged

act, error, or omission that occurred, or that the person against

whom the claim is made had a reasonable basis for believing occurred

within the scope of Commission employment, duties, or

responsibilities; provided that nothing in this paragraph shall be

construed to protect any such person from suit and/or liability for

any damage, loss, injury, or liability caused by the intentional or

willful or wanton misconduct of that person.

2. The Commission shall defend any member, officer, executive

director, employee, or representative of the Commission in any civil

action seeking to impose liability arising out of any actual or

alleged act, error, or omission that occurred within the scope of

Commission employment, duties, or responsibilities, or that the

person against whom the claim is made had a reasonable basis for

believing occurred within the scope of Commission employment,

Oklahoma Statutes - Title 63. Public Health and Safety Page 858

duties, or responsibilities; provided that nothing in this paragraph

shall be construed to prohibit that person from retaining his or her

own counsel; and provided further, that the actual or alleged act,

error, or omission did not result from that person's intentional or

willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member,

officer, executive director, employee, or representative of the

Commission for the amount of any settlement or judgment obtained

against that person arising out of any actual or alleged act, error,

or omission that occurred within the scope of Commission employment,

duties, or responsibilities, or that such person had a reasonable

basis for believing occurred within the scope of Commission

employment, duties, or responsibilities, provided that the actual or

alleged act, error, or omission did not result from the intentional

or willful or wanton misconduct of that person.
Okla. Stat. tit. 63, § 63-1-1973 — OK Code / Title 63 / Section 63-1-1973
Self-administration of medication – Assistance from
Status: in_force

certified nurse aide.

A. Patients who are capable of self-administering their own

medications without assistance shall be encouraged and allowed to do

so. However, a certified nurse aide may assist a patient whose

condition is medically stable with the self-administration of

routine, regularly scheduled medications that are intended to be

self-administered, if the following conditions are met:

1. For an oral medication, the medication shall have been

placed in a medication planner by a registered nurse, a relative of

the patient or nursing staff of an Oklahoma licensed home health or

hospice agency that is currently serving the patient; and

2. For all other forms, the certified nurse aide shall assist

with self-administration consistent with a dispensed prescription's

label or the package directions of an over-the-counter medication.

B. For purposes of this section, self-administered medications

include both legend and over-the-counter oral dosage forms, topical

dosage forms and topical ophthalmic, otic and nasal dosage forms

including solutions, suspensions, sprays and inhalers.

C. Assistance with self-administration of medication by a

certified nurse aide may occur only upon a documented request by,

and the written informed consent of, a patient or the patient's

surrogate, guardian or attorney-in-fact.

D. For purposes of this section, assistance with self-

administration of medication includes:

1. Taking an oral medication out of a pill planner and bringing

it to the patient;

2. Placing an oral dosage in the patient's hand or placing the

dosage in another container and helping the patient by lifting the

container to his or her mouth;

3. If ordered by a physician, placing an oral medication in

food before the patient self-administers;

4. Crushing an oral medication pursuant to orders given by a

physician or health care professional;

5. Applying topical medications; and

6. Keeping a record of when a patient receives assistance with

self-administration pursuant to this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 796

E. For purposes of this section, assistance with self-

administration of medication does not include:

1. Removing oral medication from any container other than a

pill planner;

2. Mixing, compounding, converting or calculating medication

doses;

3. The preparation of syringes for injection or the

administration of medications by any injectable route;

4. Administration of medications through intermittent positive

pressure breathing machines;

5. Administration of medications by way of a tube inserted in a

cavity of the body;

6. Administration of parenteral preparations;

7. Irrigations or debriding agents used in the treatment of a

skin condition;

8. Rectal, urethral, or vaginal preparations;

9. Medications ordered by the physician or health care

professional with prescriptive authority to be given "as needed",

unless the order is written with specific parameters that preclude

independent judgment on the part of the certified nurse aide, and at

the request of a competent patient;

10. Medications for which the time of administration, the

amount, the strength of dosage, the method of administration or the

reason for administration requires judgment or discretion on the

part of the certified nurse aide; or

11. Assistance with the self-administration of medication by a

certified nurse aide in an assisted living center through home care

services as provided for in Section 1-890.8 of Title 63 of the

Oklahoma Statutes.

F. Assistance with the self-administration of medication by a

certified nurse aide as described in this section does not

constitute administration as defined in Section 353.1 of Title 59 of

the Oklahoma Statutes.

G. The State Commissioner of Health may by rule establish

procedures and interpret terms as necessary to implement the

provisions of this section.

H. For purposes of this section:

1. "Informed consent" means advising the patient, or the

patient's surrogate, guardian or attorney-in-fact, that the patient

may be receiving assistance with self-administration of medication

from a certified nurse aide; and

2. "Attorney-in-fact" means an attorney-in-fact authorized to

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

to act regarding the patient's health and medical care decisions,

subject to the limitations under the Oklahoma Health Care Agent Act.
Okla. Stat. tit. 63, § 63-4201 — OK Code / Title 63 / Section 63-4201
Definitions
Status: in_force

In addition to the terms defined by the Oklahoma Vessel and

Motor Registration Act, for the purposes of the Oklahoma Boating

Safety Regulation Act:

1. "Buoy" means an anchored marker for marking a position on

the water, or a hazard, shoal or mooring, or any other prohibitive

activity area;

2. "Capacity plate" means a sign posted in view of the

operator's station on a vessel which designates the maximum weight

capacity and horsepower restrictions of a vessel for safe operation;

3. "Diver's flag" means a red flag not less than twenty (20)

inches by twenty-four (24) inches with a four-inch white stripe

running from one upper corner to a diagonal lower corner, and such

flag is used to indicate a submerged diver;

4. "Emergency vessel" means any law enforcement vessel which is

legally authorized to operate in the emergency mode;

5. "Law enforcement vessel" means any vessel legally authorized

to operate under the color of law;

6. “Lienholder” means a person holding a security interest in a

vessel, as shown on the vessel title;

7. "Manipulate" means to guide, steer or otherwise control;

8. "Marine sewage" means any substance, treated or untreated,

that contains any of the waste products of humans or animals or

foodstuffs;

9. "Marine toilet" means any latrine, head, lavatory or toilet

intended to receive marine sewage and which is located on or in any

vessel;

10. "Operator" means the person who operates, has actual

physical control, or has charge of the navigation or use of a

vessel;

11. "Parasail" means any device which, when airborne, is used

or capable of being used for lifting or suspending a person who is

being or will be towed by a vessel;

12. “Passenger” means any person riding in or upon any vessel

or being towed for recreation on water skis, an inner tube,

kneeboard, parasail or any similar device;

13. "Personal flotation device" means only a United States

Coast Guard approved flotation device;

14. "Personal watercraft" means a vessel which uses an inboard

motor powering a water jet pump as its primary source of motive

power and which is designed to be operated by a person sitting,

standing or kneeling on the vessel, rather than the conventional

manner of sitting or standing inside the vessel, or a vessel which

is similar in appearance and operation to a personal watercraft but

which is powered by an outboard or propeller driven motor, or a

vessel less than sixteen (16) feet in length which travels across

Oklahoma Statutes - Title 63. Public Health and Safety Page 1657

the water above or on a cushion of air provided by engines,

propellers or other means of propulsion;

15. "Sanctioned event" means any organized event on the waters

of this state, including but not limited to regattas, motorboat or

other boat races, marine parades, tournaments and exhibitions, which

is approved and permitted by an authorizing agency;

16. "Under way" means the movement of a vessel whether by

mechanical or nonmechanical means which is other than incidental to

the force of wind, waves or current; and

17. "Wake" means the track of waves left by a vessel or other

object moving through the water, and such waves are greater than the

natural waves in the immediate area of the vessel, or are cresting

and showing white water, or may cause injury or damage to any person

or property.
Okla. Stat. tit. 63, § 63-126 — OK Code / Title 63 / Section 63-126
Renumbered as § 128.3 of this title by Laws 1995, c. 344,
Status: in_force

§ 34, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-684.30 — OK Code / Title 63 / Section 63-684.30
Recognition of volunteer health practitioners licensed
Status: in_force

in other states.

A. While an emergency declaration is in effect, a volunteer

health practitioner, registered with a registration system that

complies with Section 7 of this act and licensed and in good

standing in the state upon which the registration of the

practitioner is based, may practice in this state to the extent

authorized by the Uniform Emergency Volunteer Health Practitioners

Act as if the practitioner were licensed in this state.

B. A volunteer health practitioner qualified under subsection A

of this section is not entitled to the protections of the Uniform

Emergency Volunteer Health Practitioners Act if the practitioner is

licensed in more than one state and any license of the practitioner

is suspended, revoked, or subject to an agency order limiting or

restricting practice privileges, or has been voluntarily terminated

under threat of sanction.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1253
Okla. Stat. tit. 63, § 63-2-419.1 — OK Code / Title 63 / Section 63-2-419.1
Use of minors in transportation, sale, etc. of
Status: in_force

controlled dangerous substances.

A. It shall be unlawful for any individual eighteen (18) years

of age or older to solicit, employ, hire, or use an individual under

eighteen (18) years of age to unlawfully transport, carry, sell,

give away, prepare for sale, or peddle any controlled dangerous

substance.

B. A person who violates subsection A of this section shall be

guilty of a Class C1 felony offense and, upon conviction, shall be

punishable by a term of imprisonment, or fine, or both, not

exceeding twice that authorized by Section 2-401 of this title.

C. A person who violates subsection A of this section after a

previous conviction pursuant to that subsection which has become

final, shall be punishable by a term of imprisonment not exceeding

three times that authorized by Section 2-401 of this title.

D. A person who violates subsection A of this section by

employing, hiring, or using an individual under fifteen (15) years

of age shall, upon conviction, be guilty of a Class B3 felony

offense and may be imprisoned for not more than twenty-five (25)

years, fined not more than One Hundred Thousand Dollars

($100,000.00), or both, in addition to any other punishment

authorized by this section.

E. It shall not be a defense to this section that a person did

not know the age of an individual.
Okla. Stat. tit. 63, § 63-1-738.7 — OK Code / Title 63 / Section 63-1-738.7
Definitions
Status: in_force

As used in the Unborn Child Pain Awareness/Prevention Act:

1. "Abortion" means the use or prescription of any instrument,

medicine, drug, or any other substance or device intentionally to

terminate the pregnancy of a female known to be pregnant with an

intention other than to increase the probability of a live birth, to

preserve the life or health of the child after live birth, to remove

an ectopic pregnancy, or to remove a dead fetus who dies as the

result of a spontaneous miscarriage, accidental trauma or a criminal

assault on the pregnant female or her unborn child;

2. "Attempt to perform an abortion" means an act, or an

omission of a statutorily required act that, under the circumstances

as the actor believes them to be, constitutes a substantial step in

a course of conduct planned to culminate in the performance of an

abortion in Oklahoma in violation of the Unborn Child Pain

Awareness/Prevention Act;

3. "Unborn child" means a member of the species homo sapiens

from fertilization until birth;

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

condition, not including any emotional, psychological, or mental

condition, which a reasonably prudent physician, with knowledge of

the case and treatment possibilities with respect to the medical

conditions involved, would determine necessitates the immediate

abortion of the pregnancy of the female to avert her death or to

avert substantial and irreversible impairment of a major bodily

function arising from continued pregnancy;

5. "Physician" means a person licensed to practice medicine in

this state pursuant to Sections 495 and 633 of Title 59 of the

Oklahoma Statutes; and

6. "Probable gestational age" means the gestational age of the

unborn child at the time the abortion is planned to be performed, as

determined by the physician using reasonable probability.
Okla. Stat. tit. 63, § 63-1-1953.7 — OK Code / Title 63 / Section 63-1-1953.7
Renumbered as § 1-1956.7 of this title by Laws 2020,
Status: in_force

c. 39, § 13, eff. Nov. 1, 2020.
Okla. Stat. tit. 63, § 63-1-1950.2 — OK Code / Title 63 / Section 63-1-1950.2
Nontechnical medical care providers - Employment by
Status: in_force

department.

Nothing contained in this act shall be construed as creating an

employer-employee relationship between the Department of Human

Services and anyone contracting with the Department of Human

Services as a nontechnical medical care provider.
Okla. Stat. tit. 63, § 63-1-106.3 — OK Code / Title 63 / Section 63-1-106.3
Oklahoma Food Service Advisory Council
Status: in_force

A. There is hereby created within the State Department of

Health the Oklahoma Food Service Advisory Council. The purpose of

the Advisory Council shall be to:

1. Advise the State Board of Health, the State Commissioner of

Health, and the Department regarding food service establishments;

and

2. Recommend actions to improve sanitation and consumer

protection.

B. The Advisory Council shall have the duty and authority to:

1. Review and approve in an advisory capacity only rules and

standards for food service establishments operating in this state;

2. Evaluate, review and make recommendations regarding

Department inspection activities; and

3. Recommend and approve quality indicators and data submission

requirements for food service establishments which shall be used by

the Department to monitor compliance with licensure requirements and

to publish an annual report of food service establishment

performance.

C. The Oklahoma Food Service Advisory Council shall be composed

of fourteen (14) members as follows:

1. Nine members shall be appointed by the Commissioner, with the

advice and consent of the Board, from a list of three names for each

position provided by an association representing the majority of

restaurant owners in this state. Such appointments shall be as

follows:

a. one member shall represent the Oklahoma Restaurant

Association,

b. one member shall represent the Oklahoma Hotel and

Motel Association,

c. one member shall represent the Oklahoma Grocers

Association,

d. one member shall represent food service education,

e. one member shall represent food processing education,

f. one member shall be an independent food service

operator,

g. one member shall be a food processor,

h. one member shall represent the School Nutrition

Association of Oklahoma, and

i. one member shall be a citizen representing the public

and shall not be a food service establishment operator

Oklahoma Statutes - Title 63. Public Health and Safety Page 76

or employee and shall not be a member of a food

service governing board; and

2. The remaining appointments shall consist of:

a. the Director of the Oklahoma City-County Health

Department, or a designee,

b. the Director of the Tulsa City-County Health

Department, or a designee,

c. two directors from other county health departments in

this state or designees, appointed by the

Commissioner, and

d. the Director of the Oklahoma Department of

Agriculture, Food, and Forestry or a designee.

D. The appointments made by the Commissioner shall be for three-

year terms, except that after the effective date of this act, the

initial term of the representative of the public shall be for one

(1) year, and the initial terms of the independent food service

operator, the food processor, the representatives of food service

education, and food processing education shall be for two (2) years.

The initial terms of all other members appointed by the Commissioner

shall be for three (3) years. After initial appointments to the

Advisory Council, the Commissioner shall appoint members to three-

year terms.

E. The Advisory Council shall meet on a quarterly basis.

Members of the Advisory Council shall serve without compensation but

shall be reimbursed for travel expenses by the Department pursuant

to the provisions of the State Travel Reimbursement Act.
Okla. Stat. tit. 63, § 63-428.1v1 — OK Code / Title 63 / Section 63-428.1v1
Definitions
Status: in_force

As used in the Oklahoma Medical Marijuana Waste Management Act:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1203

1. "Authority" shall mean the Oklahoma Medical Marijuana

Authority, or successor agency;

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

a license by the Oklahoma Medical Marijuana Authority, or successor

agency, to conduct commercial business in this state;

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

waste by a process which renders the waste unusable and

unrecognizable through physical destruction or a recycling process;

4. "Facility" shall mean a location where the disposal of

medical marijuana waste takes place by a licensee;

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

license;

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

waste disposal license;

7. "Medical marijuana waste" shall mean:

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

plant debris of the plant of the genus Cannabis

including dead plants and all unused plant parts,

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

stalks and fan leaves,

b. all product which is deemed to fail laboratory testing

and cannot be remediated or decontaminated, and

c. all product and inventory from commercial licensees or

medical marijuana education facilities that:

(1) have gone out of business,

(2) are not subject to the provisions of Section 1560

of Title 12 of the Oklahoma Statutes, and

(3) are unable to lawfully transfer or sell the

product and inventory to another commercial

licensee;

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

license issued by the Oklahoma Medical Marijuana Authority, or

successor agency.
Okla. Stat. tit. 63, § 63-1-235 — OK Code / Title 63 / Section 63-1-235
Short title
Status: in_force

This act shall be known and may be cited as the "Act for

Coordination of Efforts for Prevention of Adolescent Pregnancy and

Sexually Transmitted Diseases".
Okla. Stat. tit. 63, § 63-2-312 — OK Code / Title 63 / Section 63-2-312
See the following versions:
Status: in_force

OS 63-2-312v1 (HB 2584, Laws 2025, c. 343, § 9)

OS 63-2-312v2 (HB 2298, Laws 2025, c. 340, § 10)
Okla. Stat. tit. 63, § 63-1-818.23 — OK Code / Title 63 / Section 63-1-818.23
Renumbered as § 1430.23 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-3111.2 — OK Code / Title 63 / Section 63-3111.2
Definitions
Status: in_force

As used in the Oklahoma Health Care Agent Act:

1. "Advance directive for health care" means any writing

executed in accordance with the requirements of Section 3101.4 of

Title 63 of the Oklahoma Statutes;

2. "Agent" means an individual designated in a power of

attorney for health care to make a health care decision for the

individual granting the power;

3. "Attending physician" means the physician who has primary

responsibility for the treatment and care of a patient;

4. "Capacity" means an individual's ability to understand and

appreciate the nature and implications of a health care decision, to

make an informed choice regarding the alternatives presented

Oklahoma Statutes - Title 63. Public Health and Safety Page 1486

including understanding and appreciating the significant benefits

and risks, and to make and communicate a health care decision in an

unambiguous manner;

5. "Health care" means any care, treatment, service, or

procedure to maintain, diagnose, or otherwise affect an individual's

physical or mental condition;

6. "Health care decision" means a decision made by an

individual or the individual's agent regarding the individual's

health care including:

a. selection and discharge of health care providers and

facilities,

b. consent to or refusal of any care, treatment, service,

or procedure to maintain, diagnose, or otherwise

affect a physical or mental condition, and

c. signing a do-not-resuscitate consent in accordance

with the provisions of the Oklahoma Do-Not-Resuscitate

Act, Section 3131.1 et seq. of Title 63 of the

Oklahoma Statutes.

Health care decision shall not include the ability of the agent to

make decisions about the withholding or withdrawal of nutrition or

hydration;

7. "Health care facility" means any public or private

organization, corporation, authority, partnership, sole

proprietorship, association, agency, network, joint venture, or

other entity that is established and appropriately licensed in this

state to administer or provide health care services. Health care

facility includes but is not limited to hospitals, medical centers,

ambulatory surgery centers, physicians' offices, clinics, nursing

homes, rehabilitation centers, home care agencies, hospices, and

long-term care agencies;

8. "Health care provider" means a person who is licensed,

certified, or otherwise authorized by the laws of this state to

administer health care in the ordinary course of business or

practice of a profession;

9. "Individual instruction" means an individual's direction

concerning a health care decision for the individual;

10. "Person" means a person eighteen (18) years of age or older

or a minor who may consent to have services provided by health

professionals pursuant to Section 2602 of Title 63 of the Oklahoma

Statutes;

11. "Physician" means an individual authorized to practice

medicine or osteopathy pursuant to Chapter 11 or Chapter 14 of Title

59 of the Oklahoma Statutes;

12. "Power of attorney for health care" means the designation

of an agent to make health care decisions for the individual

granting the power;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1487

13. "Reasonably available" means readily able to be contacted

without undue effort and willing and able to act in a timely manner

considering the urgency of the patient's health care needs; and

14. "State" means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, or a territory or insular

possession subject to the jurisdiction of the United States.
Okla. Stat. tit. 63, § 63-2-804 — OK Code / Title 63 / Section 63-2-804
Immunity
Status: in_force

A person acting in compliance with the provisions of this act

shall not be subject to arrest, prosecution, or any civil or

administrative penalty, including a civil penalty or disciplinary

action by a professional licensing board, or be denied any right or

privilege, for the use, prescription, administration, possession,

manufacture, or distribution of medical cannabidiol.
Okla. Stat. tit. 63, § 63-425 — OK Code / Title 63 / Section 63-425
Discrimination protection for license holders — Zoning —
Status: in_force

Location near schools.

A. No school or landlord may refuse to enroll or lease to and

may not otherwise penalize a person solely for his or her status as

a licensed medical marijuana patient, unless failing to do so would

cause the school or landlord the potential to lose a monetary or

licensing-related benefit under federal law or regulations.

B. 1. Unless a failure to do so would cause an employer the

potential to lose a monetary or licensing-related benefit under

federal law or regulations, an employer may not discriminate against

a person in hiring, termination or imposing any term or condition of

employment or otherwise penalize a person based upon the status of

the person as a licensed medical marijuana patient.

2. Employers may take action against a licensed medical

marijuana patient if the licensed medical marijuana patient uses or

possesses marijuana while in his or her place of employment or

during the hours of employment. Employers may not take action

against the licensed medical marijuana patient solely based upon the

status of an employee as a licensed medical marijuana patient or the

results of a drug test showing positive for marijuana or its

components.

C. For the purposes of medical care, including organ

transplants, the authorized use of marijuana by a licensed medical

marijuana patient shall be considered the equivalent of the use of

any other medication under the direction of a physician and does not

constitute the use of an illicit substance or otherwise disqualify a

registered qualifying patient from medical care.

D. No licensed medical marijuana patient may be denied custody

of or visitation or parenting time with a minor child, and there is

no presumption of neglect or child endangerment for conduct allowed

under this law, unless the behavior of the person creates an

unreasonable danger to the safety of the minor child.

E. No licensed medical marijuana patient may unduly be withheld

from holding a state-issued license by virtue of their being a

Oklahoma Statutes - Title 63. Public Health and Safety Page 1109

licensed medical marijuana patient including, but not limited to, a

concealed carry permit.

F. 1. No city or local municipality may unduly change or

restrict zoning laws to prevent the opening of a medical marijuana

dispensary.

2. For purposes of this subsection, an undue change or

restriction of municipal zoning laws means an act which entirely

prevents medical marijuana dispensaries from operating within

municipal boundaries as a matter of law. Municipalities may follow

their standard planning and zoning procedures to determine if

certain zones or districts would be appropriate for locating

marijuana-licensed premises, medical marijuana businesses or any

other premises where marijuana or its by-products are cultivated,

grown, processed, stored or manufactured.

3. For purposes of this section, a medical marijuana dispensary

does not include those other entities licensed by the Oklahoma

Medical Marijuana Authority as marijuana-licensed premises, medical

marijuana businesses or other facilities or locations where

marijuana or any product containing marijuana or its by-products are

cultivated, grown, processed, stored or manufactured.

G. 1. Except as otherwise provided in this subsection, the

location of any medical marijuana dispensary is specifically

prohibited within one thousand (1,000) feet of any school entrance.

On and after the effective date of this act, for purposes of

calculating the 1,000-foot setback distance, the measurement shall

be determined by calculating the distance in a straight line from

the school door nearest the front door of the retail marijuana

dispensary to the front door of the retail marijuana dispensary.

2. On and after June 26, 2018, if any school is established

within one thousand (1,000) feet of any retail marijuana dispensary

after a license has been issued by the Authority for that location,

the setback distance between properties shall not apply as long as

the licensed property is used for its original licensed purpose.

The licensed location shall be grandfathered in as to the setback

distance as long as the property is used in accordance with the

original licensed purpose.

3. On and after June 26, 2018, the Authority, due to an error

in measurement of the setback distance or failure to measure the

setback distance by the Authority prior to issuance of an original

license at a location, shall not:

a. deny any issuance or renewal of a license at that

location,

b. deny any transfer of license pursuant to a change in

ownership at that location, or

c. revoke any license due to an error in measurement or

failure to measure the setback distance, except as

otherwise provided by law.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1110

The retail marijuana dispensary shall be grandfathered in as to

the setback distance, subject only to the municipal compliance

provisions of Section 426.1 of this title.

4. For purposes of this subsection and subsection H of this

section:

a. “school” means the same as defined in Section 427.2 of

this title, and

b. “error in measurement” means a mistake made by the

Authority or a municipality in the setback measurement

process where either the distance between a retail

marijuana dispensary and a school is miscalculated due

to mathematical error or the method used to measure

the setback distance is inconsistent with this

section. The setback measurement process is allowed

an error in measurement up to and including five

hundred (500) feet when remeasured after an original

license has been issued.

H. The location of any medical marijuana commercial grower

shall not be within one thousand (1,000) feet of any school as

measured from the nearest property line of such school to the

nearest property line of the licensed premises of such medical

marijuana commercial grower. Additionally, the location of the

medical marijuana commercial grower shall not adjoin to any school

or be located at the same physical address as the school. If a

medical marijuana commercial grower met the requirements of this

subsection at the time of its initial licensure, the medical

marijuana commercial grower licensee shall be permitted to continue

operating at the licensed premises in the same manner and not be

subject to nonrenewal or revocation due to subsequent events or

changes in regulations occurring after licensure that would render

the medical marijuana commercial grower in violation of this

subsection. If any school is established within one thousand

(1,000) feet of any medical marijuana commercial grower after such

medical marijuana commercial grower has been licensed, or if any

school is established adjoining to or at the same physical address

as any medical marijuana commercial grower after such medical

marijuana commercial grower has been licensed, the provisions of

this subsection shall not be a deterrent to the renewal of such

license or warrant revocation of the license. For purposes of this

subsection, a property owned, used, or operated by a school that is

not used for classroom instruction on core curriculum, such as an

administrative building, athletic facility, ballpark, field, or

stadium, shall not constitute a school unless such property is

located on the same campus as a building used for classroom

instruction on core curriculum.

Added by Section 6, State Question No. 788, Initiative Petition No.

412, adopted at election held June 26, 2018, eff. July 26, 2018.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1111
Okla. Stat. tit. 63, § 63-4210.14 — OK Code / Title 63 / Section 63-4210.14
Use of other competent evidence
Status: in_force

The provisions of Sections 3 through 7 of this act do not limit

the introduction of any other competent evidence bearing on the

question of whether the person was under the influence of alcohol or

any other intoxicating substance, or the combined influence of

alcohol and any other intoxicating substance.
Okla. Stat. tit. 63, § 63-4004 — OK Code / Title 63 / Section 63-4004
Administration of act - Promulgation of rules and
Status: in_force

preparation of forms and records - Jurisdiction to enforce act and

rules - Determination of factory-delivered price - Manual of

procedure - Rules to comply with certain other laws.

A. It shall be the duty of Service Oklahoma, and Service

Oklahoma is hereby granted authority and jurisdiction to administer

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

of this title, with the aid of its licensed operators and all duly

authorized peace officers of this state.

B. Service Oklahoma is hereby authorized to promulgate all

necessary rules and prepare forms and records to enact and enforce

the provisions of the Oklahoma Vessel and Motor Registration Act.

C. All duly authorized peace officers of this state are hereby

granted authority and jurisdiction to enforce the provisions of and

any rules pertaining to the Oklahoma Vessel and Motor Registration

Act within their jurisdiction.

D. Service Oklahoma shall have the authority in cases of

dispute to determine the factory-delivered price of any vessel or

motor.

E. Service Oklahoma shall periodically cause to be prepared and

shall distribute to each authorized licensed operator a manual of

procedure containing instructions, directions and guidelines to be

followed by all licensed operators in the performance of their

duties regarding vessels and motors.

F. All rules promulgated pursuant to the provisions of this act

shall comply with Article 1 of the Administrative Procedures Act,

Section 250 et seq. of Title 75 of the Oklahoma Statutes. In

addition to other filing requirements of law, such rules shall be

filed with the Commissioner of Public Safety.Jurisdiction to enforce act and rules - Determination of factory-delivered price - Manual of
Okla. Stat. tit. 63, § 63-1-853.1 — OK Code / Title 63 / Section 63-1-853.1
Investigation of application by not-for-profit life
Status: in_force

care community for certificate of need.

A. The investigation made pursuant to an application by a not-

for-profit life care community for a certificate of need shall

include:

1. The adequacy of financial resources for the acquisition,

expansion, or establishment of a new long-term care facility and for

the continued operation thereof;

2. The record of the applicant's current and prior ownership,

operation, and management of similar facilities in this state and in

any other state. The investigation of such record shall include,

but not be limited to, inquiry to the State Long-Term Care Ombudsman

Office, the state Medicaid Fraud Control Unit, and the state

licensure and certification agency;

3. If the applicant has holdings in Oklahoma, a review of

minutes of family councils and residents' councils, and the

facilities' responses, from each of the applicant's holdings in this

state; and

4. Any other matter which the Department deems necessary and

appropriate.

B. 1. The State Department of Health may approve an initial

certificate of need for a not-for-profit life care community for

nursing care beds that does not exceed twenty percent (20%) of the

total number of units in the life care community for which no

certificate of need is required.

2. Approval of the initial certificate of need shall include

open admission with respect to fifty percent (50%) of the nursing

care beds. With respect to the remaining nursing care beds, open

admission shall only be allowed during the first seven (7) years

following the initial licensure of nursing care beds in the life

care community.

3. Upon expiration of the one-time seven-year open admission

period, with respect to fifty percent (50%) of the nursing care

beds, a life care community that has obtained a certificate of need

pursuant to this section shall admit only the following persons to

its nursing care beds:

a. an individual who has executed a written agreement for

services with the facility and who has been a bona

fide resident of the portion of the life care

community for which a certificate of need bed is not

required for a period of at least thirty (30) days,

b. an individual who has executed a written agreement for

services with the facility and who has been a bona

fide resident of the portion of the life care

community for which a certificate of need bed is not

required for a period of less than thirty (30) days

Oklahoma Statutes - Title 63. Public Health and Safety Page 503

and requires skilled care that was not originally

contemplated upon admission to the life care

community,

c. an individual who has executed a written agreement for

services with the facility and whose physician

certifies that the individual is likely to be able to

move to a portion of the life care community for which

a certificate of need bed is not required in thirty

(30) days or less after entering the life care

community, or

d. an individual who is a family member (spouse, parent,

child, sibling, aunt, uncle or first cousin by blood,

marriage or adoption) of an individual who has

executed a written agreement for services with the

facility and resides in the portion of the life care

community for which a certificate of need bed is not

required.

C. The State Department of Health may approve a subsequent

certificate of need for nursing care beds for a not-for-profit life

care community that has obtained a certificate of need pursuant to

this section when a subsequent application does not cause the

nursing care beds to exceed twenty percent (20%) of the total number

of units in the life care community for which no certificate of need

is required. No open admission period shall be authorized for the

additional nursing care beds.

D. The provisions of subsections B and C of this section shall

apply to all certificates of need previously or hereafter granted

pursuant to the provisions of this section.
Okla. Stat. tit. 63, § 63-1-738m — OK Code / Title 63 / Section 63-1-738m
Annual Abortion Report - Annual Judicial Bypass of
Status: in_force

Abortion Parental Consent Summary Report.

A. Beginning in 2013, by June 1 of each year, the Department

shall issue, on its stable Internet website, a public Annual

Abortion Report providing statistics for the previous calendar year

compiled from all of the reports covering that year submitted in

accordance with the Statistical Abortion Reporting Act.

B. The Department's public report shall also provide statistics

for all previous calendar years for which abortion-reporting

requirements have been in effect, adjusted to reflect any additional

information from late or corrected reports.

C. The Annual Abortion Report shall include, but not be limited

to, the following information:

1. The number of induced abortions performed in the previous

calendar year, broken down by month and county in which the abortion

was performed;

2. The number of abortions classified by:

a. the state or foreign country of residence of the

mother,

b. the age, marital status, and race of the mother, and

c. the number of years of education of the mother;

3. The number of abortions classified by:

a. the number of previous pregnancies of the mother,

b. previous live births to the mother,

c. previous miscarriages, and

d. previous induced abortions;

4. The number of abortions by week of gestational age;

5. The number of abortions performed by each reported method;

6. The number of abortions resulting in an infant born alive;

of these, the number of cases in which life-sustaining measures were

taken; and a statistical summary of the length of survival of such

infants;

7. The number of cases in which anesthesia was administered to

the mother and the number of each type of anesthesia;

Oklahoma Statutes - Title 63. Public Health and Safety Page 355

8. The number of cases in which anesthesia was administered to

the unborn child, and the number of each type of anesthesia and of

each method of administration;

9. The number of each reported method of fetal disposal;

10. The reasons reported for the abortions, and the number of

times each reported reason was cited;

11. The number of abortions paid for by:

a. private insurance,

b. public health plan,

c. Medicaid,

d. private pay, or

e. other;

12. The number of abortions in which medical health insurance

coverage was under:

a. a fee-for-service insurance company,

b. a managed care company, or

c. other;

13. A statistical summary of the fees collected;

14. Specialty area of medicine of the physician;

15. The number of abortions in which ultrasound equipment was

used before, during, or after the abortion, and the number of times

vaginal ultrasound, abdominal ultrasound, or both were used in each

of the three circumstances;

16. The number of abortions before which an ultrasound was

performed by:

a. the physician performing the abortion,

b. a physician other than the physician performing the

abortion, or

c. other;

17. The number of abortions resulting in reported

complications, and of those, how many were reported by the physician

who performed the abortion, and how many were reported by another

physician, the types of reported complications, and the number of

each type based on data which shall be compiled and transmitted to

the State Department of Health by the State Board of Medical

Licensure and Supervision and the State Board of Osteopathic

Examiners;

18. The number of abortions resulting in the reported death of

the mother;

19. The number of females to whom the physician provided the

information in subparagraph a of paragraph 1 of subsection B of

Section 1-738.2 of this title; of that number, the number provided

by telephone and the number provided in person; and of each of those

numbers, the number provided in the capacity of a referring

physician and the number provided in the capacity of a physician who

is to perform the abortion;

Oklahoma Statutes - Title 63. Public Health and Safety Page 356

20. The number of females to whom physicians or agents of

physicians provided the information in paragraph 2 of subsection B

of Section 1-738.2 of this title; of that number, the number

provided by telephone and the number provided in person; of each of

those numbers, the number provided in the capacity of a referring

physician and the number provided in the capacity of a physician who

is to perform the abortion; and of each of those numbers, the number

provided by the physician and the number provided by an agent of the

physician;

21. The number of females who availed themselves of the

opportunity to have a copy of the printed information described in

Section 1-738.3 of this title mailed to them; and of that number,

the number who, based on the submitted reports, did and did not

obtain an abortion;

22. The number of abortions performed by the physician in which

information otherwise required to be provided at least seventy-two

(72) hours before the abortion was not so provided because an

immediate abortion was necessary to avert the death of the female,

and the number of abortions in which such information was not so

provided because a delay would create serious risk of substantial

and irreversible impairment of a major bodily function;

23. The number of females to whom physicians or their agents

provided the information described in subsection A of Section 1-

738.8 of this title; of that number:

a. the number provided by telephone and the number

provided in person; and of each of those numbers, the

number provided in the capacity of a referring

physician and the number provided in the capacity of a

physician who is to perform the abortion, or by the

agent of such physician, and

b. the number of females who availed themselves of the

opportunity to be given or mailed the materials

described in Section 1-738.10 of this title, and the

number who did not; and of each of those numbers, the

number who, to the best of the information and belief

of the reporting physician, went on to obtain the

abortion;

24. The number of females to whom the information described in

subsection A of Section 1-738.8 of this title would have had to be

provided but for a medical emergency determination; of that number,

the number for whom an immediate abortion was necessary to avert the

death of the female, and the number for whom a delay would have

created serious risk of substantial and irreversible impairment of a

major bodily function;

25. The number of abortions performed within the scope of

employment of Oklahoma state employees and employees of an agency or

political subdivision of the state, the number of abortions

Oklahoma Statutes - Title 63. Public Health and Safety Page 357

performed with the use of public institutions, facilities,

equipment, or other physical assets owned, leased, or controlled by

this state, its agencies, or political subdivisions, and for each

category:

a. the number of abortions reported as necessary to save

the life of the mother, the life-endangering

conditions identified, and the number of each such

condition reported,

b. the number of abortions reported from pregnancies

resulting from forcible rape, the number of such rapes

reported to law enforcement authorities, general

categories of law enforcement authorities to whom

reports were made and the number made to each

category, and a statistical summary of the length of

time between the dates of reporting to law enforcement

authorities and the dates of the abortions, and

c. the number of abortions reported from pregnancies

resulting from incest committed against a minor, the

number of perpetrators of incest in such cases

reported to law enforcement authorities, general

categories of law enforcement authorities to whom

reports were made and the number made to each

category, and a statistical summary of the length of

time between the dates of reporting to law enforcement

authorities and the dates of the abortions;

26. The number of females to a parent of whom the physician

provided notice as required by Section 1-740.2 of this title; of

that number, the number provided personally as described in that

section, and the number provided by mail as described in that

section, and of each of those numbers, the number of females who, to

the best of the information and belief of the reporting physician,

went on to obtain the abortion;

27. The number of females upon whom the physician performed an

abortion without the notice to or consent of the parent of the minor

required by Section 1-740.2 of this title; of that number, the

number who were emancipated minors and the number who suffered from

a medical emergency, and of the latter, the number of cases in which

a parent was notified subsequently and the number of cases in which

a judicial waiver was obtained. In the case of medical emergencies

in which a parent was informed subsequently, a statistical summary

of the period of time elapsed before notification;

28. The number of abortions performed after receiving judicial

authorization to do so without parental notice and consent;

29. The number of abortions performed on minors after judicial

authorizations were granted because of a finding that the minor girl

was mature and capable of giving informed consent;

Oklahoma Statutes - Title 63. Public Health and Safety Page 358

30. The number of abortions performed on minors after judicial

authorizations were granted because of a finding that the

performance of the abortion without parental notification and

consent was in the best interest of the minor;

31. The number of abortions performed after which the remains

of the fetus after the abortion were examined to ensure that all

such remains were evacuated from the mother's body;

32. The number of male children aborted and female children

aborted, as determined from the examination of fetal remains after

abortion;

33. The number of male children aborted and female children

aborted, as determined by any method other than those reported in

paragraph 32 of this subsection;

34. The number of instances in which the mother was informed

prior to the abortion that the child to be aborted was a female;

35. The number of abortions performed without surgery but

rather as the result of the administration of chemicals;

36. The number of abortions performed as reported in paragraph

35 of this subsection, in which the physician was present in the

same room as the woman to whom the chemicals were administered at

the time any such chemicals were first administered;

37. The number of abortions performed for each hospital at

which the abortionist had hospital privileges at the time of the

abortion;

38. The number of abortions performed at which ultrasound

equipment was used before the abortion;

39. The number of abortions reported in paragraph 38 of this

subsection, during which the mother was under the effect of

anesthesia at the time of the ultrasound;

40. The number of abortions performed at which ultrasound

equipment was used during the abortion;

41. The number of abortions reported in paragraph 40 of this

subsection, during which the mother was under the effect of

anesthesia at the time of the ultrasound;

42. The number of abortions performed at which ultrasound

equipment was used after the abortion;

43. The number of abortions reported in paragraph 42 of this

subsection, during which the mother was under the effect of

anesthesia at the time of the ultrasound;

44. The mean gestational age of the fetus at the time of the

abortion, as determined by ultrasounds reported;

45. The number of abortions for which no determination of

probable postfertilization age was made as required by Section 1-

745.5 of this title; and

46. The number of abortions in which the pregnant woman was

told that it may be possible to make the embryonic or fetal

heartbeat of the unborn child audible for the pregnant woman to

Oklahoma Statutes - Title 63. Public Health and Safety Page 359

hear; the number of abortions in which the pregnant woman was asked

if she would like to hear the heartbeat; and the number of abortions

in which the embryonic or fetal heartbeat of the unborn child was

made audible for the pregnant woman to hear, using a Doppler fetal

heart rate monitor.

D. Beginning in 2013, by June 1 of each year, the State

Department of Health shall post, on its stable Internet website, a

public Annual Judicial Bypass of Abortion Parental Consent Summary

Report providing statistics which shall be compiled and supplied to

the Department by the Administrative Office of the Courts giving the

total number of petitions or motions filed under Section 1-740.3 of

this title and of that number, the number in which:

1. The court appointed a guardian ad litem;

2. The court appointed counsel;

3. The judge issued an order authorizing an abortion without

parental notification or consent, and of those:

a. the number authorized due to a determination by the

judge that the minor was mature and capable of giving

consent to the proposed abortion, and

b. the number authorized due to a determination by the

judge that an abortion was in the best interest of the

minor; and

4. The judge denied such an order, and of this, the number of:

a. denials from which an appeal was filed,

b. the appeals that resulted in the denial being

affirmed, and

c. appeals that resulted in reversals of the denials.

E. Each Annual Judicial Bypass of Abortion Parental Consent

Summary Report shall also provide the statistics for all previous

calendar years for which the public statistical report was required

to be issued, adjusted to reflect any additional information from

late or corrected reports.

F. The Department's public reports shall not contain the name,

address, hometown, county of residence, or any other identifying

information of any individual female, and shall take care to ensure

that none of the information included in its public reports could

reasonably lead to the identification of any individual female about

whom information is reported in accordance with the Statistical

Abortion Reporting Act or of any physician providing information in

accordance with the Statistical Abortion Reporting Act. Nor shall

the information described in the preceding sentence be subject to

the Oklahoma Open Records Act.
Okla. Stat. tit. 63, § 63-1-1607 — OK Code / Title 63 / Section 63-1-1607
Injunction
Status: in_force

In addition to the remedies hereinafter provided, the

Commissioner is hereby authorized to apply to the district court

for, and such court shall have jurisdiction upon hearing and for

cause shown to grant, a temporary or permanent injunction

restraining any person from violating any provision of Section 1603

of this article, irrespective of whether or not there exists an

adequate remedy at law.
Okla. Stat. tit. 63, § 63-1-709 — OK Code / Title 63 / Section 63-1-709
Information confidential
Status: in_force

Information received by the State Commissioner of Health through

inspection or otherwise, authorized under the foregoing sections of

this article, shall be confidential and shall not be disclosed

publicly except in a proceeding involving the question of licensure

or revocation or suspension of license.
Okla. Stat. tit. 63, § 63-1-1330 — OK Code / Title 63 / Section 63-1-1330
Short title - Oklahoma Honey Sales Act
Status: in_force

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

Sales Act".
Okla. Stat. tit. 63, § 63-1-515.1 — OK Code / Title 63 / Section 63-1-515.1
Physicians attending upon pregnant females – Blood
Status: in_force

sample.

A. Every physician or any other person permitted by law to

attend upon pregnant females in this state, at the time of delivery

and only if the pregnant female has had no prenatal care, shall:

1. Take, or cause to be taken under the order of a physician

licensed to practice in this state, a sample of blood from the

pregnant female; and

2. Submit the sample to an approved laboratory for a standard

serological test for the human immunodeficiency virus.

B. The term "approved laboratory" shall mean a laboratory

approved for the purposes of this section by the State Commissioner

of Health. A standard serological test for the human

immunodeficiency virus shall be one recognized as such by the

Commissioner. Such laboratory tests shall be made, on request,

without charge by the State Department of Health.

Oklahoma Statutes - Title 63. Public Health and Safety Page 218
Okla. Stat. tit. 63, § 63-1-1914.2 — OK Code / Title 63 / Section 63-1-1914.2
Temporary managers
Status: in_force

A. The State Commissioner of Health may place a qualified

person in a facility as a temporary manager to assume operating

control of the facility and to ensure that the health and safety of

the residents of the facility are protected when any of the

following conditions exist:

1. The conditions at the facility pose immediate jeopardy to

the health and safety of the residents of the facility;

2. The facility is operating without a license;

3. The State Department of Health has suspended, revoked or

refused to renew the existing license of the facility;

4. The financial condition of the facility poses an immediate

risk to the proper operation of the facility or to the health,

safety or welfare of the residents of the facility;

5. The facility has closed or has informed the Department that

it intends to close and adequate arrangements for the relocation of

residents have not been made at least thirty (30) days prior to

closure; or

6. The Department has terminated certification status under

Medicare/Medicaid.

B. The Department shall notify the owner or operator of the

action taken, the reason or reasons why such action was taken, and

the right of the owner or operator to have a hearing on the matter.

C. Any owner or operator subject to placement of a temporary

manager may appeal such action by filing a petition for hearing with

the district court within five (5) days of the appointment of a

temporary manager. The court shall conduct the hearing within ten

(10) days of the filing of such petition. On the basis of the

hearing, the court may continue the order in effect, revoke it or

modify it. The petition for hearing, when docketed, shall have

priority over all cases pending on the docket except criminal cases.

D. All funds due or available to the facility from any source,

to include funds held by a predecessor temporary manager of the

facility, during the pendency of the temporary management shall be

made available to the temporary manager who shall use the funds to

ensure the health and safety of the residents of the facility.

Unless prior written approval has been obtained from the

Commissioner for such expenditure, any use of funds for a purpose

other than to ensure the health and safety of the residents of the

facility shall constitute a breach of the temporary manager’s

fiduciary duty and a violation of the Nursing Home Care Act.

E. The Commissioner shall establish qualifications for persons

to be appointed as temporary managers and shall maintain a list of

Oklahoma Statutes - Title 63. Public Health and Safety Page 685

all such qualified persons. The Commissioner may appoint any person

from the list to serve as a temporary manager, provided that the

Commissioner shall not appoint any owner or affiliate of the

facility as its temporary manager.

F. The temporary manager shall make provisions for the

continued protection of the health and safety of all residents of

the facility. The temporary manager appointed pursuant to the

Nursing Home Care Act shall exercise those powers and shall perform

those duties set out by the Commissioner in writing. The

Commissioner shall provide for the temporary manager to have

sufficient power and duties to ensure that the residents of the

facility receive adequate care.

G. If funds are insufficient to meet the expenses of performing

the powers and duties conferred on the temporary manager, the

temporary manager may borrow the funds or contract for indebtedness

as necessary; provided, any such indebtedness shall not be construed

to be a debt of the state or made on behalf of the state. The State

of Oklahoma is not liable, directly or indirectly, for any liability

incurred by any temporary manager in the performance of the

manager’s official duties pursuant to law. The State Board of

Health shall, by rule, establish a fund, to be drawn out of the

discretionary funds of the Department, to assist temporary managers

in the continuation of care of the residents of a facility where, in

the judgment of the Commissioner, funds are not available from other

sources; provided, any such advances by the Department shall be

repaid by the temporary manager at the time the final account is

rendered. If such advances are not repaid in full, any amount not

repaid shall constitute a lien against any and all assets of any

owner and shall also constitute a lien as provided in paragraph 4 of

subsection L of this section.

H. The Commissioner shall set the compensation of the temporary

manager, who shall be paid by the facility.

I. A temporary manager may be held liable in a personal

capacity only for the manager’s gross negligence, intentional acts

or breaches of fiduciary duty. The Commissioner may require a

temporary manager to post a bond.

J. The Department shall issue a conditional license to a

facility in which a temporary manager is placed. The duration of a

license issued under this section is limited to the duration of the

temporary managership.

K. The Commissioner shall require that the temporary manager

report to the Department on a regular basis as to the progress of

the facility in reaching substantial compliance with the Nursing

Home Care Act and the rules promulgated thereto, and the

establishment of mechanisms which will ensure the continued

compliance of the facility.

Oklahoma Statutes - Title 63. Public Health and Safety Page 686

L. 1. The Commissioner may release the temporary manager

under any of the following circumstances:

a. the Commissioner determines that the facility is and

will continue to be in substantial compliance with the

Nursing Home Care Act and rules promulgated thereto,

b. a receiver or bankruptcy trustee is appointed,

c. the Commissioner appoints a new temporary manager,

d. a new owner, operator, or manager is licensed,

e. the Department, the temporary manager, or the receiver

closes the facility through an orderly transfer of the

residents, or

f. an administrative hearing or court order ends the

temporary manager appointment.

2. a. Within thirty (30) days after release, the temporary

manager shall render to the Department a complete

accounting of all property of which the temporary

manager has taken possession, of all funds collected,

and of the expenses of the temporary managership, to

include, if requested by the Department, copies of all

documents supporting the reasonableness and necessity

of such expenditures.

b. The rendition of such accounting may be extended only

by order of the Commissioner for cause and shall in no

event be extended more than one hundred twenty (120)

days after release of the temporary manager.

c. Failure to timely render a complete final accounting

in accordance with generally accepted accounting

practices shall constitute a breach of the temporary

manager’s fiduciary duties.

d. Upon a temporary manager’s default in the timely

rendition of a complete final accounting, the

Commissioner shall enter an order that the temporary

manager is personally liable for all amounts or monies

collected for which a final accounting is not made.

Such order for disgorgement or remittance directed to

a temporary manager may be filed as a judgment in any

district court in the State of Oklahoma, and shall not

be dischargeable in bankruptcy or other insolvency

proceeding.

3. After a complete accounting, and payment of reasonable

expenses incurred as a result of the temporary managership, the

Commissioner shall order payment of the surplus to the owner. If

funds are insufficient to pay reasonable expenses incurred as a

result of the temporary managership, the owner shall be liable for

the deficiency. Any funds recovered from the owner shall be used to

reimburse any unpaid expenses due and owing as a result of the

temporary managership.

Oklahoma Statutes - Title 63. Public Health and Safety Page 687

4. In order to protect the health, welfare and safety of the

residents of any nursing facility for which a temporary manager has

been appointed, the Department is authorized to provide the monies

from any funds appropriated or otherwise made available to the

Department to protect the residents of the nursing facility. The

Department shall have a lien for any payment made pursuant to this

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

owner in the following property:

a. the building in which the facility is located,

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

of the facility,

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

d. the proceeds from any conveyance of property described

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

the owner prior to the order placing the temporary

manager.

M. Nothing in the Nursing Home Care Act shall be deemed to

relieve any owner, administrator or employee of a facility in which

a temporary manager is placed of any civil or criminal liability

incurred, or any duty imposed by law, by reason of acts or omissions

of the owner, administrator or employee prior to the appointment of

a temporary manager; provided, nothing contained in the Nursing Home

Care Act shall be construed to suspend during the temporary

managership any obligation of the owner, administrator or employee

for payment of taxes or other operating and maintenance expenses of

the facility or of the owner, administrator, employee or any other

person for the payment of mortgages or liens.

N. The Commissioner may institute any legal proceeding to

recover any monies or other thing of value determined to have been

expended unnecessarily or in an excessive amount necessary for the

maintenance of the health and safety of the residents of a facility,

or that was expended in violation of the temporary manager’s

fiduciary duties, or which expenditure was otherwise unlawful under

state or federal law. Such legal proceeding for wrongful

expenditure of these funds may be brought against the temporary

manager and against any other person or entity who receives such

wrongful expenditure and who was not a bona fide vendor in good

faith to the temporary manager, or who was not otherwise a bona fide

recipient of such funds in good faith. Costs for such an action by

the Department for funds wrongfully expended shall be awarded if the

Department prevails, and shall include all court costs, interest at

the statutory rate from and after the date of the wrongful

expenditure, and a reasonable attorney fee. The temporary manager

and the bad faith vendor/recipient shall be jointly and severally

liable for all funds wrongfully expended and for all related

litigation costs.

Oklahoma Statutes - Title 63. Public Health and Safety Page 688
Okla. Stat. tit. 63, § 63-1-2713 — OK Code / Title 63 / Section 63-1-2713
Amount of award
Status: in_force

The amount of the award of educational loan repayment assistance

shall be established at the discretion of the Department and based

upon a determination of:

1. Actual funds available to the Oklahoma Dental Loan Repayment

Program for expenditure; and

2. The existing student loan indebtedness of the participating

dentist.
Okla. Stat. tit. 63, § 63-3205 — OK Code / Title 63 / Section 63-3205
University Hospitals - Certificate of Need - Operation
Status: in_force

and licensing - Service and receiving payments - Teaching and

training.

A. Notwithstanding any other law, any expansion, addition, or

change to the University Hospitals in furtherance of the University

Hospitals Authority Act shall not require a certificate of need.

B. 1. University Hospitals shall be operated as general

hospitals and shall be licensed by the State Commissioner of Health,

and shall, as far as possible, meet the standards, requirements and

essentials of the Joint Commission, the American Medical

Association’s Council on Medical Education, the American Specialty

Boards and the Association of American Medical Colleges.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1520

2. The University Hospitals shall operate a public Level I

Trauma Center and shall meet the standards and requirements of the

American College of Surgeons to attain such designation. The

University Hospitals Authority shall annually certify to the

Oklahoma Health Care Authority that the University Hospitals meet

such standards and requirements with respect to any Medicaid

supplemental payments to be received from the Oklahoma Health Care

Authority for the public Level I Trauma Center.

3. The University Hospitals may provide services and receive

payments therefor under Titles XVIII and XIX of the federal Social

Security Act, and may participate in other federal medical programs.

4. University Hospitals shall be available as teaching and

training hospitals for the colleges of the University of Oklahoma

Health Sciences Center, for the University of Oklahoma College of

Medicine, and for other health and educational facilities and shall

provide indigent patient care.
Okla. Stat. tit. 63, § 63-1-745.55 — OK Code / Title 63 / Section 63-1-745.55
Private civil actions
Status: in_force

A. Any person, other than the state, its political

subdivisions, and any officer or employee of a state or local

governmental entity in this state, may bring a civil action against

any person who:

1. Performs or induces an abortion in violation of this act;

2. Knowingly engages in conduct that aids or abets the

performance or inducement of an abortion, including paying for or

reimbursing the costs of an abortion through insurance or otherwise,

Oklahoma Statutes - Title 63. Public Health and Safety Page 413

if the abortion is performed or induced in violation of this act,

regardless of whether the person knew or should have known that the

abortion would be performed or induced in violation of this act; or

3. Intends to engage in the conduct described by paragraph 1 or

2 of this subsection.

B. If a claimant prevails in an action brought under this

section, the court shall award:

1. Injunctive relief sufficient to prevent the defendant from

violating this act or engaging in acts that aid or abet violations

of this act;

2. Statutory damages in an amount of not less than Ten Thousand

Dollars ($10,000.00) for each abortion that the defendant performed

or induced in violation of this act, and for each abortion performed

or induced in violation of this act that the defendant aided or

abetted;

3. Nominal and compensatory damages if the plaintiff has

suffered harm from the defendant's conduct, including but not

limited to loss of consortium and emotional distress; and

4. Court costs and attorney fees.

C. Notwithstanding subsection B of this section, a court shall

not award relief under paragraph 2 or 4 of subsection B of this

section in response to a violation of paragraph 1 or 2 of subsection

A of this section if the defendant demonstrates that a court has

already ordered the defendant to pay not less than Ten Thousand

Dollars ($10,000.00) of statutory damages as provided in paragraph 2

of subsection B of this section in a previous action for that

particular abortion performed or induced in violation of this act,

or for the particular conduct that aided or abetted an abortion

performed or induced in violation of this act.

D. Notwithstanding any other law, a person may bring an action

under this section not later than six (6) years after the date the

cause of action accrues.

E. Notwithstanding any other law, the following are not a

defense to an action brought under this section:

1. Ignorance or mistake of law;

2. A defendant's belief that the requirements of this act are

unconstitutional or were unconstitutional;

3. A defendant's reliance on any court decision that has been

overruled on appeal or by a subsequent court, even if that court

decision had not been overruled when the defendant engaged in

conduct that violates this act;

4. A defendant's reliance on any state or federal court

decision that is not binding on the court in which the action has

been brought;

5. Nonmutual issue preclusion or nonmutual claim preclusion;

6. The consent of the unborn child's mother to the abortion; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 414

7. Any claim that the enforcement of this act or the imposition

of civil liability against the defendant will violate the

constitutional rights of third parties, except as provided by

Section 6 of this act.

F. 1. It is an affirmative defense if a person sued under

paragraph 2 or 3 of subsection A of this section reasonably

believed, after conducting a reasonable investigation, that the

individuals and organizations involved with performing or

facilitating the abortion would comply with this act.

2. The defendant has the burden of proving an affirmative

defense under paragraph 1 of this subsection by a preponderance of

the evidence.

G. This section shall not be construed to impose liability on

any speech or conduct protected by the First Amendment of the United

States Constitution, as made applicable to the states through the

United States Supreme Court's interpretation of the Fourteenth

Amendment of the United States Constitution, or by Section 3 or 22

of Article II of the Oklahoma Constitution.

H. 1. Notwithstanding any other law, neither the state, nor

any of its political subdivisions, nor any district attorney, nor

any executive or administrative officer or employee of this state or

a political subdivision may:

a. act in concert or participation with anyone who brings

suit under this section,

b. establish or attempt to establish any type of agency

or fiduciary relationship with a plaintiff who brings

suit under this section,

c. make any attempt to control or influence a plaintiff's

decision to bring suit under this section or the

plaintiff's conduct of the litigation, or

d. intervene in an action brought under this section.

2. This subsection shall not prohibit a person or entity

described by this subsection from filing an amicus curiae brief in

the action, so long as that person or entity does not act in concert

or participation with the plaintiff or plaintiffs who sue under this

section or violate any provision of paragraph 1 of this subsection.

I. Notwithstanding any other law, a court shall not award court

costs or attorney fees to a defendant in an action brought under

this section.

J. Notwithstanding any other law, a civil action under this

section shall not be subject to any provision of the Oklahoma

Citizens Participation Act, Section 1430 et seq. of Title 12 of the

Oklahoma Statutes, and shall not be subject to any provision of the

Oklahoma Religious Freedom Act, Section 251 et seq. of Title 51 of

the Oklahoma Statutes.

K. Notwithstanding any other law, a civil action under this

section may not be brought:

Oklahoma Statutes - Title 63. Public Health and Safety Page 415

1. Against the woman upon whom an abortion was performed or

induced or attempted to be performed or induced in violation of this

act, or against a pregnant woman who intends or seeks to abort her

unborn child in violation of this act;

2. Against any person or entity that performs, aids or abets,

or attempts to perform or aid or abet an abortion 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;

3. Against any common carrier that transports a pregnant woman

to an abortion provider, if the common carrier is unaware that the

woman intends to abort her unborn child; or

4. By a person who impregnated a woman seeking an abortion

through an act of rape, sexual assault, incest, or any other act

prohibited by state law.
Okla. Stat. tit. 63, § 63-3225 — OK Code / Title 63 / Section 63-3225
Submission of certain contractual agreements to
Status: in_force

Contingency Review Board - Declaratory judgment of Supreme Court of

Oklahoma.

A. Contingent upon the creation of the University Hospitals

Trust as provided in Section 3224 of this title, the Trust, prior to

acceptance, shall submit to the Contingency Review Board for review

the proposed agreement regarding the lease and operations of the

hospital or hospitals owned by the University Hospitals Authority to

any entity authorized to transact business in the state and an

independent statement as to the fairness of the proposed agreement

for this state. The Contingency Review Board shall upon receipt of

the proposed agreement meet within fifteen (15) business days to

review the proposed agreement; and unless the Contingency Review

Board disapproves the proposed agreement, the proposed agreement may

be executed, but no lease of the hospital or hospitals owned by the

University Hospitals Authority shall become effective until after

Supreme Court approval pursuant to subsection B of this section;

provided, any amendment to the provisions of this section shall not

be construed to affect or abrogate any agreement approved pursuant

Oklahoma Statutes - Title 63. Public Health and Safety Page 1535

to the provisions of this section prior to the effective date of

such amendment.

B. 1. If a proposed agreement is not disapproved by the

Contingency Review Board pursuant to subsection A of this section,

the University Hospitals Authority and University Hospitals Trust,

within thirty (30) calendar days after the time for Contingency

Review Board action has expired, may file a petition with the

Supreme Court of Oklahoma for a declaratory judgment determining the

validity of the proposed agreement. The review of the Court shall

be based upon the exercise of any of the powers, rights, privileges,

and functions conferred upon the Authority or the University

Hospitals Trust, as applicable, under the University Hospitals

Authority Act and Oklahoma laws. Exclusive original jurisdiction is

conferred upon the Supreme Court to hear and determine such

petitions. The Supreme Court shall give such petitions precedence

over other business of the Court except habeas corpus proceedings.

2. Notice of the hearing of such a petition shall be given by a

notice published in a newspaper of general circulation in this state

that on a day specified the Supreme Court will hear the petition to

approve the proposed agreement and enter a declaratory judgment.

The notice shall be published one time not less than ten (10) days

prior to the date specified for the hearing. The notice shall

inform property owners, taxpayers, citizens, and all persons having

or claiming any right, title, or interest in the proposed agreement

or properties or funds to be affected by the implementation of the

proposed agreement, or affected in any way thereby, that they may

file protests against the approval of the proposed agreement, and be

present at the hearing to contest the legality of the proposed

agreement. The hearing may be adjourned from time to time at the

discretion of the Court.

3. If the Court is satisfied that the proposed agreement is in

accordance with the University Hospitals Authority Act and Oklahoma

laws, the Court shall enter a declaratory judgment approving and

declaring the proposed agreement to be valid and conclusive as to

the Authority, the Trust, and all other parties to the proposed

agreement; and, upon petition of the Authority, shall issue an order

permanently enjoining all persons described in the notice required

by this subsection from thereafter instituting any action or

proceeding contesting the validity of the proposed agreement. A

declaratory judgment rendered pursuant to this subsection shall have

the force and effect of a final judgment or decree and shall be

incontestable in any court in this state.

4. As used in the University Hospitals Authority Act, “proposed

agreement” means one or more contracts regarding the lease and

operations of the hospital or hospitals owned by the University

Hospitals Authority and all other agreements contemplated by or

referred to in the contract regarding such lease and operations.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1536

C. The procedure set forth in this section for review and

approval of agreements regarding the lease and operations of the

hospital or hospitals owned by the University Hospitals Authority

shall not be required for any amendment to an agreement which has

been so reviewed and approved which has the effect of increasing

payments due to the University Hospitals Authority or University

Hospitals Trust.
Okla. Stat. tit. 63, § 63-4206 — OK Code / Title 63 / Section 63-4206
Use of personal flotation devices
Status: in_force

A. 1. The operator of a vessel less than twenty-six (26) feet

in length, while under way, shall require each passenger who is

twelve (12) years of age or younger to wear a personal flotation

device.

2. Any person operating or manipulating, or who is a passenger

on a personal watercraft, water skis, a sailboard or a similar

device shall wear a personal flotation device approved and designed

for the activity in which the person is engaged.

B. Each personal flotation device shall be in good and

serviceable condition, of the type prescribed by the United States

Coast Guard and of a size suitable to the person who is or will be

wearing it. A ski belt is not a United States Coast Guard approved

personal flotation device.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1660
Okla. Stat. tit. 63, § 63-1-1512 — OK Code / Title 63 / Section 63-1-1512
State Department of Health as official agency
Status: in_force

The State Department of Health is hereby designated as the

official agency of the State of Oklahoma for all activities

pertaining to the abatement and control of noise, and shall utilize

such personnel, equipment, laboratories, and other resources as it

shall have or which shall be made available through state

appropriated funds, federal grants or from other sources to operate

the noise abatement and control program authorized under the

provisions of this act.
Okla. Stat. tit. 63, § 63-2657 — OK Code / Title 63 / Section 63-2657
Definitions
Status: in_force

As used in this act, unless the context clearly indicates

otherwise:

1. "Ambulatory surgical center" means:

a. an establishment with an organized medical staff of

physicians, with permanent facilities that are

equipped and operated primarily for the purpose of

performing surgical procedures, with continuous

physician services available on call, and registered

professional nursing services available on site,

whenever a patient is in the facility, which provides

services or other accommodations for patients to

recover for a period not to exceed twenty-three (23)

hours after surgery, or

b. an establishment with an organized medical staff of

dentists, with permanent facilities that are equipped

and operated primarily for the purpose of performing

dental surgical procedures, with continuous dental

services available on call, and registered

professional nursing services available on site,

whenever a patient is in the facility, which provides

services or other accommodations for patients to

recover for a period not to exceed twenty-three (23)

hours after surgery;

2. "Commissioner" means the Commissioner of Health;

3. "Governmental unit" means any city, county or other

political subdivision of this state, or any department, division,

board or other agency of any political subdivision of this state;

and

4. "Person" means any individual, firm, partnership,

corporation, company or association and the legal successors

thereof.
Okla. Stat. tit. 63, § 63-1-818.11 — OK Code / Title 63 / Section 63-1-818.11
Renumbered as § 1430.11 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-2-416 — OK Code / Title 63 / Section 63-2-416
Apportionment of fines
Status: in_force

The fines specified in Section 2 of this act shall be

apportioned as follows:

1. Twenty-five percent (25%) shall be distributed to the

revolving fund established pursuant to the provisions of Section 2-

506 of Title 63 of the Oklahoma Statutes to be used for enforcement

of the Uniform Controlled Dangerous Substances Act; and

2. Twenty-five percent (25%) shall be distributed to the

municipality, county, or state agency or agencies which conducted

the investigation. The amount distributed to a municipality or

county shall be placed in a revolving fund to be used for law

enforcement purposes. This fund shall be limited to Two Hundred

Thousand Dollars ($200,000.00) at any one time in municipalities and

counties with population in excess of three hundred thousand

(300,000) and Fifty Thousand Dollars ($50,000.00) at any one time in

municipalities and counties with population less than three hundred

thousand (300,000). This fund shall be audited by the State Auditor

and Inspector at least every two (2) years in the manner provided in

Section 171 of Title 19 of the Oklahoma Statutes. Said audit shall

include, but not be limited to, a compliance audit. Any amount in

excess of these figures distributed to a municipality or county

shall be placed in the general fund of the municipality or county.

The amount distributed to a state agency shall be placed in the

applicable revolving fund or special agency account of said agency

to be used for law enforcement purposes. If more than one law

enforcement agency participates in the investigation, the amount to

be distributed shall be divided among the agencies in proportion to

the amount of work performed by each agency involved in the

investigation, as determined by the district court; and

3. Twenty-five percent (25%) shall be distributed to the Drug

Abuse Education Revolving Fund to be used for drug abuse education

programs within the State Department of Education; and

4. Twenty-five percent (25%) shall be distributed to the court

fund.
Okla. Stat. tit. 63, § 63-1-317a — OK Code / Title 63 / Section 63-1-317a
Electronic capture of death certificate
Status: in_force

A. The State Department of Health shall make available to all

funeral directors and physicians licensed in this state a system to

electronically capture the required information and file the

prescribed death certificate with the State Department of Health.

Access to the prescribed electronic system shall be provided to

registered users at no cost.

B. Funeral directors and physicians shall be registered with

the Department prior to using the prescribed electronic system. The

Department shall provide such registration at no cost.

C. Registration shall be updated at least annually to maintain

access to the prescribed system and shall include training on any

changes or updates to the prescribed system or associated forms.

Funeral directors licensed in this state shall be trained on the use

of the prescribed electronic system to file personal data on the

prescribed death certificate. Physicians licensed in this state

Oklahoma Statutes - Title 63. Public Health and Safety Page 186

shall be trained on the use of the prescribed electronic system to

complete, sign, and file the medical certification on the prescribed

death certificate. The Department shall provide the required

training at no cost.

D. No later than July 1, 2012, funeral directors licensed in

this state shall be required to sign and file death certificates

using the prescribed electronic system.

E. No later than July 1, 2017, physicians licensed in this

state shall be required to sign and file death certificates using

the prescribed electronic system.
Okla. Stat. tit. 63, § 63-1-891 — OK Code / Title 63 / Section 63-1-891
Supervision of nurse aide trainees
Status: in_force

Any assisted living facility that employs an individual who is

in nurse aide training shall ensure that such individual is

supervised by no less than a consulting nurse licensed to practice

in this state.
Okla. Stat. tit. 63, § 63-1-1914.10 — OK Code / Title 63 / Section 63-1-1914.10
Deficiencies
Status: in_force

A. The informal dispute resolution process is limited to

deficiencies cited on a statement of deficiencies.

Oklahoma Statutes - Title 63. Public Health and Safety Page 692

B. 1. If the impartial decision maker finds that matters not

subject to informal dispute resolution are presented, the impartial

decision maker shall strike all documentary evidence related to or

presented for the purpose of disputing the matter not subject to

informal dispute resolution.

2. The impartial decision maker may not include in the

determination any matter not subject to informal dispute resolution.
Okla. Stat. tit. 63, § 63-1-604 — OK Code / Title 63 / Section 63-1-604
Transfer of General Hospital to City of Clinton
Status: in_force

The Oklahoma General Hospital located at Clinton, Oklahoma,

shall be transferred at the close of regular business hours on June

30, 1973, to the City of Clinton, Oklahoma. Included within such

transfer shall be the physical plant, all equipment and supplies,

and the following described land:

Lots 13 to 24, inclusive, Block 2, Shoeboy Addition, City of

Clinton, County of Custer, State of Oklahoma.

The Director of the Office of Management and Enterprise Services is

hereby authorized and directed to execute and deliver, on behalf of

this state, instruments conveying title to said real and personal

property to the City of Clinton, Oklahoma.

There shall also be transferred to the City of Clinton all

accounts receivable including revolving funds of the Oklahoma

General Hospital. Any outstanding obligations of the Oklahoma

General Hospital shall be assumed by the City of Clinton.
Okla. Stat. tit. 63, § 63-3241.3 — OK Code / Title 63 / Section 63-3241.3
Hospital assessment - Exceptions - Fees - Promulgation
Status: in_force

of rules.

A. For the purpose of assuring access to quality care for

Oklahoma Medicaid consumers, the Oklahoma Health Care Authority,

after considering input and recommendations from the Hospital

Advisory Committee, shall assess hospitals licensed in Oklahoma,

unless exempt under subsection B of this section, a supplemental

hospital offset payment program fee.

B. The following hospitals shall be exempt from the

supplemental hospital offset payment program fee:

1. A hospital 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. A hospital that provides more than fifty percent (50%) of

its inpatient days under a contract with a state agency other than

the Authority;

3. A hospital for which the majority of its inpatient days are

for any one of the following services, as determined by the

Authority using the Inpatient Discharge Data File published by the

State Department of Health, or in the case of a hospital not

included in the Inpatient Discharge Data File, using substantially

equivalent data provided by the hospital:

a. treatment of a neurological injury,

b. treatment of cancer,

c. treatment of cardiovascular disease,

d. obstetrical or childbirth services, and

e. surgical care, except that this exemption shall not

apply to any hospital located in a city of less than

five hundred thousand (500,000) population and for

which the majority of inpatient days are for back,

neck, or spine surgery;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1546

4. A hospital that is certified by the federal Centers for

Medicare and Medicaid Services as a long-term acute care hospital or

as a children's hospital; and

5. A hospital that is certified by the federal Centers for

Medicare and Medicaid Services as a critical access hospital.

C. The supplemental hospital offset payment program fee shall

be an assessment imposed on each eligible hospital, except those

exempted under subsection B of this section, for each calendar year

in an amount calculated as a percentage of each eligible hospital's

net hospital patient revenue.

1. Funds generated by the supplemental hospital offset payment

program fee shall be disbursed for the following purposes in the

following priority order:

a. One Hundred Thirty Million Dollars ($130,000,000.00)

to be transferred annually to the Medical Payments

Cash Management Improvement Act Programs Disbursing

Fund to fund the state Medicaid program,

b. the nonfederal share of:

(1) the upper payment limit gap,

(2) the managed care gap,

(3) the managed care provider incentive pool to

support health care quality assurance and access

improvement initiatives, with the pool amount

determined by the representative sharing ratio of

provider and hospital participation in Medicaid.

Provider eligibility shall be determined by the

Authority. For purposes of this division,

eligible providers shall not include those

employed by or contracted with, or otherwise a

member of, the faculty practice plan of either:

(a) a public, accredited Oklahoma medical

school, or

(b) a hospital or health care entity directly or

indirectly owned or operated by the entities

created pursuant to Section 3224 or 3290 of

this title,

(4) the annual fee to be paid to the Authority under

subparagraph c of paragraph 1 of subsection G of

Section 3241.4 of this title, and

(5) Thirty Million Dollars ($30,000,000.00) annually

to be transferred by the Authority to the Medical

Payments Cash Management Improvement Act Programs

Disbursing Fund under subsection C of Section

3241.4 of this title.

If the nonfederal share generated by the supplemental

hospital offset payment program fee is not sufficient

to fully fund the disbursements described in divisions

Oklahoma Statutes - Title 63. Public Health and Safety Page 1547

1 through 5 of this subparagraph, the funds directed

toward such disbursements shall be reduced

proportionally, and

c. any remaining funds shall be deposited into the

Medicaid Health Improvement Revolving Fund created in

Section 23 of Enrolled Senate Bill No. 1337 of the 2nd

Session of the 58th Oklahoma Legislature.

2. The assessment rate until December 31, 2012, shall be fixed

at two and one-half percent (2.5%). For the calendar year ending

December 31, 2022, the assessment rate shall be fixed at three

percent (3%). For the calendar year ending December 31, 2023, the

assessment rate shall be fixed at three and one-half percent (3.5%).

For the calendar year ending December 31, 2024 and for all

subsequent calendar years, the assessment rate shall be fixed at

four percent (4%).

3. Net hospital patient revenue shall be determined using the

data from each eligible hospital's Medicare Cost Report contained in

the federal Centers for Medicare and Medicaid Services' Healthcare

Cost Report Information System file.

a. Through 2013, the base year for assessment shall be

the eligible hospital's fiscal year that ended in

2009, as contained in the Healthcare Cost Report

Information System file dated December 31, 2010.

b. For years after 2013, the base year for assessment

shall be determined by rules established by the

Oklahoma Health Care Authority Board and beginning

January 1, 2022, the base year for assessment shall be

determined annually.

4. If an eligible hospital's applicable Medicare Cost Report is

not contained in the federal Centers for Medicare and Medicaid

Services' Healthcare Cost Report Information System file, the

eligible hospital shall submit a copy of its applicable Medicare

Cost Report to the Authority in order to allow the Authority to

determine the eligible hospital's net hospital patient revenue for

the base year.

5. If an eligible hospital commenced operations after the due

date for a Medicare Cost Report, the eligible hospital shall submit

its initial Medicare Cost Report to the Authority in order to allow

the Authority to determine the hospital's net patient revenue for

the base year.

6. Partial year reports may be prorated for an annual basis.

7. In the event that an eligible hospital does not file a

uniform cost report under 42 U.S.C., Section 1396a(a)(40), the

Authority shall establish a uniform cost report for such facility

subject to the Supplemental Hospital Offset Payment Program provided

for in this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1548

8. The Authority shall review which hospitals are eligible to

participate in the Supplemental Hospital Offset Payment Program

provided for in this subsection and which hospitals are exempted

pursuant to subsection B of this section. Such review shall occur

at a fixed period of time. This review and decision shall occur

within twenty (20) days of the time of federal approval and annually

thereafter in November of each year.

9. The Authority shall review and determine the amount of the

annual assessment. Such review and determination shall occur within

the twenty (20) days of federal approval and annually thereafter in

November of each year.

D. An eligible hospital may not charge any patient for any

portion of the supplemental hospital offset payment program fee.

E. Closure, merger and new hospitals.

1. If an eligible hospital ceases to be an eligible hospital

for any reason, the assessment for the year in which the cessation

occurs 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 hospital is subject to the assessment and the

denominator of which is 365. Immediately upon ceasing to be an

eligible hospital, the hospital shall pay the assessment for the

year as adjusted, to the extent not previously paid.

2. In the case of an eligible hospital that did not operate as

a hospital throughout the base year, its assessment and any

potential receipt of a hospital access payment will commence in

accordance with rules for implementation and enforcement promulgated

by the Oklahoma Health Care Authority Board, after consideration of

the input and recommendations of the Hospital Advisory Committee.

F. 1. In the event that federal financial participation

pursuant to Title XIX of the Social Security Act is not available to

the Oklahoma Medicaid program for purposes of matching expenditures

from the Supplemental Hospital Offset Payment Program Fund at the

approved federal medical assistance percentage for the applicable

year for one or more of the purposes identified in division 1, 2, or

3 of subparagraph b of paragraph 1 of subsection C of this section,

the portion of the supplemental hospital offset payment program fee

attributable to any such purpose for which matching expenditures are

unavailable 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 Supplemental Hospital

Offset Payment Program Act by any court of last resort, the

supplemental hospital offset payment program fee shall be null and

void as of the effective date of that invalidation.

3. In the event that the supplemental hospital offset payment

program fee is determined to be null and void for any of the reasons

enumerated in this subsection, any supplemental hospital offset

Oklahoma Statutes - Title 63. Public Health and Safety Page 1549

payment program fee assessed and collected for any period after such

invalidation shall be returned in full within twenty (20) days by

the Authority to the eligible hospital from which it was collected.

G. The Oklahoma Health Care Authority Board, after considering

the input and recommendations of the Hospital Advisory Committee,

shall promulgate rules for the implementation and enforcement of the

supplemental hospital offset payment program fee. Unless otherwise

provided, the rules adopted under this subsection shall not grant

any exceptions to or exemptions from the hospital assessment imposed

under this section.

H. The Authority shall provide for administrative penalties in

the event a hospital fails to:

1. Submit the supplemental hospital offset payment program fee

in a timely manner; or

2. Submit reports as required by this section in a timely

manner.

I. The Oklahoma Health Care Authority Board shall have the

power to promulgate emergency rules to implement the provisions of

the Supplemental Hospital Offset Payment Program Act.
Okla. Stat. tit. 63, § 63-3101.1 — OK Code / Title 63 / Section 63-3101.1
Short title
Status: in_force

Sections 3101.1 through 3101.16 of this title shall be known and

may be cited as the "Oklahoma Advance Directive Act".
Okla. Stat. tit. 63, § 63-1-874 — OK Code / Title 63 / Section 63-1-874
Application for license - Renewal - Proof of compliance
Status: in_force

with law.

A. An applicant for a license to operate an adult day care

center must file an application on a form approved by the State

Department of Health and pay an initial license fee which shall be

determined by the Department.

Oklahoma Statutes - Title 63. Public Health and Safety Page 535

B. Applications for license renewal must be filed at least

forty-five (45) days before the expiration date of the current

license on a form approved by the Department and a license renewal

fee must be paid which shall be determined by the Department. The

license renewal fee shall be Seventy-five Dollars ($75.00) per year

of licensure. Revenue generated by the collection of license fees

shall be deposited into the Department revolving fund and shall be

used to help finance the costs associated with the licensing of such

center.

C. The applicant must provide evidence of compliance with the

requirements of all applicable federal, state and local laws and

regulations. In addition to other requirements, an applicant shall

provide a statement of ownership and a financial statement.
Okla. Stat. tit. 63, § 63-1-865.2 — OK Code / Title 63 / Section 63-1-865.2
Definitions
Status: in_force

As used in the Sheltered Workshop Act:

1. “Community services worker” means any person who:

a. contracts with the Oklahoma Health Care Authority to

provide specialized foster care, habilitation training

specialist services, or homemaker services to persons

with developmental disabilities,

b. is not a licensed health professional, and

c. is employed by or under contract with a community

services provider to provide for compensation or as a

volunteer the following:

(1) health-related services,

(2) training, or

(3) supportive assistance;

2. “Contract” means the binding legal agreement to provide

sheltered workshop services, entered into between the provider and

the Developmental Disabilities Services Division of the Department

of Human Services or the Oklahoma Health Care Authority;

3. “DDSD” means the Developmental Disabilities Services

Division of the Department of Human Services;

4. “Department” means the Department of Human Services;

5. “Developmental disability” means a severely chronic

disability of a person which:

a. is attributable to a physical or mental impairment or

a combination of physical or mental impairments,

b. is manifested before the person attains the age of

twenty-two (22) years,

c. is likely to continue indefinitely,

d. results in substantial functional limitations in three

or more of the following areas of major life activity:

(1) self-care,

(2) receptive and expressive language,

(3) learning,

(4) mobility,

Oklahoma Statutes - Title 63. Public Health and Safety Page 523

(5) self-direction,

(6) capacity for independent living, or

(7) economic self-sufficiency, and

e. reflects the need of the person for a combination and

sequence of special interdisciplinary or generic care,

treatment or other services which are of lifelong or

extended duration and are individually planned and

coordinated;

6. “Director” means the Director of Human Services;

7. “Licensee” means a person, corporation, partnership, limited

liability company, or association operating a sheltered workshop

which is licensed pursuant to the provisions of the Sheltered

Workshop Act;

8. “Provider” means a person, corporation, partnership, limited

liability company, association, or other entity that contracts with

the Developmental Disabilities Services Division of the Department

of Human Services or the Oklahoma Health Care Authority to operate a

sheltered workshop for persons with developmental disabilities;

9. “Service recipient” means a person participating in the

sheltered workshop; and

10. “Sheltered workshop” means a facility, or any portion

thereof, operated by a nonprofit organization, corporation,

partnership, limited liability company or association whose purpose

is to provide meaningful work or training activities to individuals

with developmental disabilities and holds a current certificate

under Section 14c of the Fair Labor Standards Act by the Wage and

Hour Division, U.S. Department of Labor.
Okla. Stat. tit. 63, § 63-1-1950 — OK Code / Title 63 / Section 63-1-1950
Dispensing of nonprescription drugs - Maintaining bulk
Status: in_force

supplies.

A. A nursing facility or a residential care facility is

authorized to maintain bulk supplies of nonprescription drugs for

Oklahoma Statutes - Title 63. Public Health and Safety Page 757

dispensing to residents of such facility pursuant to the provisions

of this section.

B. If ordered or otherwise authorized by a physician currently

licensed to practice medicine in this state, nonprescription drugs

may be dispensed to a resident of the nursing facility or

residential care facility for nonscheduled dosage regimens.

C. 1. The State Board of Health shall promulgate rules

necessary for proper control and dispensing of nonprescription drugs

in nursing facilities and residential care facilities, relating to:

a. specific nonprescription drugs to be dispensed,

b. recordkeeping,

c. storage of nonprescription drugs, and

d. dispensing requirements.

2. Rules promulgated by the State Board of Health shall not

require facilities to package nonprescription drugs in individual

containers with individual labels.
Okla. Stat. tit. 63, § 63-1-2213 — OK Code / Title 63 / Section 63-1-2213
Office of the State Long-Term Care Ombudsman
Status: in_force

A. There is hereby created within the Office of the Attorney

General the Office of the State Long-Term Care Ombudsman. The

Office, under the auspices and general direction of the State Long-

Term Care Ombudsman, shall carry out a long-term care ombudsman

program in accordance with the Older Americans Act of 1965, as

amended, and in accordance with federal regulations issued pursuant

to the Older Americans Act or as provided by the Long-Term Care

Ombudsman Act.

B. The State Long-Term Care Ombudsman shall, personally or

through representatives of the Office:

Oklahoma Statutes - Title 63. Public Health and Safety Page 807

1. Identify, investigate, and resolve complaints that:

a. are made by, or on behalf of, residents, and

b. relate to action, inaction, or decisions, of:

(1) providers, or representatives of providers, of

long-term care services,

(2) public agencies, or

(3) health and social service agencies,

that may adversely affect the health, safety, welfare, or rights of

the residents;

2. Provide services to assist the residents in protecting their

health, safety, welfare, and rights;

3. Inform residents about means of obtaining services offered

by providers or agencies;

4. Ensure that the residents have regular and timely access to

the services provided through the Office;

5. Ensure that the residents and complainant receive timely

responses from the Office and representatives of the Office

regarding complaints;

6. Represent the interests of residents before governmental

agencies and seek administrative, legal, and other remedies to

protect the health, safety, welfare, and rights of the residents;

7. Provide administrative and technical assistance to area or

local ombudsman entities to assist the entities in participating in

the State Long-Term Care Ombudsman Program;

8. a. analyze, comment on, and monitor the development and

implementation of federal, state, and local laws,

rules, and other government policies and actions that

pertain to the health, safety, welfare, and rights of

the residents, with respect to the adequacy of long-

term care facilities and services in this state,

b. recommend any changes in such laws, rules, policies,

and actions as the Office determines to be

appropriate, and

c. facilitate public comment on the laws, rules,

policies, and actions;

9. a. provide for training representatives of the Office,

b. promote the development of citizen organizations, to

participate in the State Long-Term Care Ombudsman

Program, and

c. provide technical support for the development of

resident and family councils to protect the well-being

and rights of residents; and

10. Carry out such other activities as the Attorney General

determines to be appropriate.

C. 1. In carrying out the duties of the Office, the State

Long-Term Care Ombudsman may designate an entity as an area or local

Oklahoma Statutes - Title 63. Public Health and Safety Page 808

Ombudsman entity, and may designate an employee or volunteer to

represent the entity.

2. An individual so designated shall, in accordance with the

policies and procedures established by the Office and the Attorney

General, carry out such duties and activities as required by the

State Long-Term Care Ombudsman pursuant to the authority granted by

the Long-Term Care Ombudsman Act and rules promulgated by the

Attorney General thereto.

3. Entities eligible to be designated as area or local

Ombudsman entities, and individuals eligible to be designated as

representatives of such entities, shall:

a. have demonstrated capability to carry out the

responsibilities of the Office,

b. be free of conflicts of interest,

c. in the case of the entities, be public or nonprofit

private entities, and

d. meet such additional requirements as the Ombudsman may

specify.

D. 1. In accordance with the Older Americans Act of 1965, as

amended, and in accordance with federal regulations issued pursuant

thereto, or as otherwise provided by the Long-Term Care Ombudsman

Act, the State Long-Term Care Ombudsman and representatives of the

Office shall have:

a. access to long-term care facilities and residents,

b. (1) access to review the medical and social records

of a resident, if:

(a) the representative of the Office has the

permission of the resident, or the legal

representative of the resident, or

(b) the resident is unable to consent to the

review and has no legal representative and

the representative of the Office obtains the

approval of the State Long-Term Care

Ombudsman, or

(2) access to the records as is necessary to

investigate a complaint if:

(a) a legal guardian of the resident refuses to

give the permission,

(b) a representative of the Office has

reasonable cause to believe that the

guardian is not acting in the best interests

of the resident, and

(c) the representative obtains the approval of

the State Long-Term Care Ombudsman,

c. access to the administrative records, policies, and

documents, to which the residents have or the general

public has access, of long-term care facilities, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 809

d. access to copies of all licensing and certification

records maintained by the Office of the Attorney

General or any other agency of this state with respect

to long-term care facilities.

2. For purposes of this subsection, the term “representative of

the Office” shall not include any unpaid or volunteer state, area,

or local ombudsman.
Okla. Stat. tit. 63, § 63-683.32 — OK Code / Title 63 / Section 63-683.32
Funds, grants, and services from federal government -
Status: in_force

Receipt and expenditure.

The Director of the Oklahoma Department of Emergency Management

may receive and expend funds, grants, and services from the United

States Government and agencies and instrumentalities thereof and any

other source for reasonable purposes necessary to carry out a

coordinated plan of voluntary action throughout the State of

Oklahoma. The monies remitted to the Director of the Oklahoma

Department of Emergency Management pursuant to this section shall be

credited to a separate account in the Revolving Fund for the

Oklahoma Department of Emergency Management.
Okla. Stat. tit. 63, § 63-1-1990.14 — OK Code / Title 63 / Section 63-1-1990.14
Termination of alerts
Status: in_force

A. Any law enforcement agency that issues a Kasey Alert shall

terminate the alert when the notification period ends, as determined

by a Department of Public Safety rule.

B. Any law enforcement agency that locates a person who is the

subject of a Kasey Alert shall immediately notify the Department of

Public Safety.
Okla. Stat. tit. 63, § 63-2-503.1b — OK Code / Title 63 / Section 63-2-503.1b
Criminal financial check on money services business
Status: in_force

registrations.

A. The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control shall conduct a criminal financial check on all registration

applications submitted pursuant to the provisions of Section 1513 of

Title 6 of the Oklahoma Statutes. The applicant for a money

services business license shall pay a fee of Fifty Dollars ($50.00)

to the Bureau for the criminal financial check prior to licensing.

This shall be in addition to all other administrative fees imposed

by the Oklahoma Banking Department.

B. The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control shall have authority to access, review and investigate any

registration application and supplier reports submitted to the

Oklahoma State Banking Commissioner pursuant to Section 1513 of

Title 6 of the Oklahoma Statutes, for the purposes of criminal

financial checks, identifying or investigating suspicious or illegal

activities or to track illegal drug-related monies. A copy of all

money services transaction reports provided to the Oklahoma State

Banking Commissioner shall be provided to the Bureau.
Okla. Stat. tit. 63, § 63-1-1301.14 — OK Code / Title 63 / Section 63-1-1301.14
Renumbered as § 7-414 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-4209.2v2 — OK Code / Title 63 / Section 63-4209.2v2
Removing or falsifying identification number of
Status: in_force

vessel or motor - Penalties.

A. As used in this section:

1. "Identification number" includes any identifying number,

serial number, motor serial number or other distinguishing number or

mark, placed on a vessel or motor by its manufacturer or by

authority of the Oklahoma Tax Commission or in accordance with the

laws of another state or country;

2. "Remove" includes deface, cover and destroy; and

3. "Falsify" includes alter and forge.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1665

B. Any person or persons who shall remove or falsify or cause

to be removed or falsified the hull identification number of a

vessel or motor in this state, without first giving notice of such

act to the Oklahoma Tax Commission, upon such form as the Commission

may prescribe, or any person who shall give a wrong description in

any application for the registration of any vessel or motor in this

state for the purpose of concealing or hiding the identity of such

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

felony offense and shall be punished by imprisonment as provided for

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

Oklahoma Statutes.

C. A person who buys, receives, possesses, sells or disposes of

a vessel or motor, knowing that the identification number of the

vessel or motor has been removed or falsified, upon conviction,

shall be guilty of a misdemeanor.

D. A person who buys, receives, possesses, sells or disposes of

a vessel or motor, knowing that the identification number of the

vessel or motor has been removed or falsified and with intent to

conceal or misrepresent the identity of the vessel or motor, upon

conviction, shall be guilty of a Class D1 felony offense and shall

be punished by a fine of not more than One Thousand Dollars

($1,000.00), or by imprisonment as provided for in subsections B

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

both such fine and imprisonment.

E. An identification number may be placed on a vessel or motor

by its manufacturer in the regular course of business or placed or

restored on a vehicle or engine by authority of the Commission

without violating this section. An identification number so placed

or restored is not falsified.
Okla. Stat. tit. 63, § 63-5009.6 — OK Code / Title 63 / Section 63-5009.6
Diabetes self-management training report
Status: in_force

A. The Oklahoma Health Care Authority shall examine the

feasibility of a state plan amendment to the Oklahoma Medicaid

Program for diabetes self-management training (DSMT).

B. By December 1, 2018, the Authority shall submit a report to

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

Representatives and the Governor estimating the potential costs to

the state, clinical findings, reviews of pilot projects and research

from other states on the effects of DSMT on persons with a diabetes

diagnosis.

C. Beginning July 1, 2019, and subject to the availability of

funding, the Authority shall draft a state plan amendment for DSMT

for persons with a diabetes diagnosis. The provisions of this

subsection shall only apply if the report required by subsection B

of this section demonstrates DSMT to be evidence-based and essential

to qualifying participants in the Oklahoma Medicaid Program.

D. As used in this section, "diabetes self-management training

(DSMT)" means the process of facilitating the knowledge, skill and

ability necessary for diabetes self-care. This process requires

incorporating the patient's unique needs and experiences into an

individualized education and support plan that promotes new

behaviors and solutions, including, but not limited to, healthy

eating, physical activity, self-monitoring and medication use.
Okla. Stat. tit. 63, § 63-2-106 — OK Code / Title 63 / Section 63-2-106
Powers and duties of Director
Status: in_force

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

Dangerous Drugs Control shall, in addition to other powers and

duties vested in the Director:

1. Cooperate with federal and other state agencies in

discharging the responsibilities concerning traffic in narcotics and

dangerous substances and in suppressing the abuse of dangerous

substances;

2. Arrange for the exchange of information between governmental

officials concerning the use and abuse of dangerous substances;

3. Coordinate and cooperate in training programs on dangerous

substances law enforcement at the local and state levels;

4. Cooperate with the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control by establishing a centralized unit which

will accept, catalog, file and collect statistics including records

of drug-dependent persons and other dangerous substance law

offenders within the state, and make such information available for

federal, state and local law enforcement purposes; and may collect

and furnish statistics for other appropriate purposes; and

5. Coordinate and cooperate in programs of eradication aimed at

destroying wild or illicit growth of plant species from which

controlled dangerous substances may be extracted.

B. Results, information and evidence received from the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control relating to

the regulatory functions of Section 2-101 et seq. of this title

including results of inspections conducted by that agency, may be

relied upon and acted upon by the Director in conformance with the

regulatory functions under Section 2-101 et seq. of this title.

C. The Director is further authorized and directed to:

Oklahoma Statutes - Title 63. Public Health and Safety Page 897

1. Coordinate and cooperate in educational programs designed to

prevent and deter misuse and abuse of controlled dangerous

substances;

2. Promote better recognition of the problems of misuse and

abuse of controlled dangerous substances within the regulated

industry and among interested groups and organizations;

3. Assist the regulated industry, interested groups and

organizations in contributing to the reduction of misuse and abuse

of controlled dangerous substances;

4. Consult with interested groups and organizations to aid them

in solving administrative and organizational problems;

5. Assist in evaluating procedures, projects, techniques and

controls conducted or proposed as part of educational programs on

misuse and abuse of controlled dangerous substances;

6. Disseminate the results of research on misuse and abuse of

controlled dangerous substances to promote a better public

understanding of what problems exist and what can be done to combat

them;

7. Assist in the education and training of state and local law

enforcement officials in their efforts to control misuse and abuse

of controlled dangerous substances;

8. Conduct an annual seminar to be attended by selected law

enforcement officers in order to teach new techniques and advances

in the investigation of violations of the Uniform Controlled

Dangerous Substances Act; and

9. Supervise and direct agents appointed in the performance of

their function of enforcement of the provisions of Section 2-101 et

seq. of this title.

D. The Director is further authorized and directed to:

1. Encourage research on misuse and abuse of controlled

dangerous substances;

2. Cooperate in establishing methods to assess accurately the

effects of controlled dangerous substances and to identify and

characterize controlled dangerous substances with potential for

abuse; and

3. Cooperate in making studies and in undertaking programs of

research to:

a. develop new or improved approaches, techniques,

systems, equipment and devices to strengthen the

enforcement of Section 2-101 et seq. of this title,

b. determine patterns of misuse and abuse of controlled

dangerous substances and the social effects thereof,

and

c. improve methods for preventing, predicting,

understanding and dealing with the misuse and abuse of

controlled dangerous substances.

Oklahoma Statutes - Title 63. Public Health and Safety Page 898

E. The Director shall prepare a yearly report on all deaths and

nonfatal overdoses which were the result or probable result of abuse

of a controlled dangerous substance. The yearly report shall be

limited to statistical information including, but not limited to,

the county where the death or nonfatal overdose occurred, age, race,

gender, type of controlled dangerous substances involved in the

death or nonfatal overdose, and the method in which the controlled

dangerous substance was obtained by the person, when available.

F. The Director may enter into contracts with public agencies,

institutions of higher education and private organizations or

individuals for the purpose of conducting research, demonstrations

or special projects which bear directly on misuse and abuse of

controlled dangerous substances.

G. The Director may enter into contracts for educational and

research activities without performance bonds.

H. The Director may authorize persons engaged in research or

scientific activities on the use and effects of dangerous substances

to withhold the names and other identifying characteristics of

persons who are the subjects of such research. Persons who obtain

this authorization may not be compelled in any state civil,

criminal, administrative, legislative or other proceeding to

identify the subjects of research for which such authorization was

obtained.

I. The Director may authorize the lawful possession,

distribution and use of controlled dangerous substances by persons

engaged in research or scientific activities; authorization for

possession of controlled dangerous substances may be extended to

persons engaged in a program of drug education or persons in the

performance of an official duty. Persons who obtain this

authorization shall be exempt from state prosecution for possession,

distribution or use of dangerous substances to the extent authorized

by the Director.

J. The Director is authorized to accept gifts, bequests,

devises, contributions and grants, public or private including

federal funds or funds from any other source for use in furthering

the purpose of the office of the Director.

K. The Director is authorized to purchase or sell real

property, together with appurtenances, in the name of the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control upon approval

of the Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control Commission.

L. The Director is authorized to purchase and maintain motor

vehicles and other equipment for use by the employees of the Bureau.

M. The Director shall be in charge of all monies appropriated

for or deposited to the credit of the office of the Director and is

authorized to approve claims and payrolls as provided in Section

41.26 of Title 62 of the Oklahoma Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety Page 899

N. The Director shall have the authority of a peace officer and

is authorized to commission assistants of the office as peace

officers.

O. The Director shall have the authority to enter into

interagency transfers with the Oklahoma State Bureau of

Investigation, the Oklahoma Highway Patrol and the Oklahoma

Alcoholic Beverages Laws Enforcement Commission as provided for in

Section 1 of this act.

P. Upon determining that a practitioner is prescribing a

controlled dangerous substance to a person engaged in fraudulent or

deceptive efforts to fill or refill multiple prescriptions for

controlled dangerous substances, the Director shall provide written

or electronic notification alerting the practitioner to the

possibility that the person may be unlawfully obtaining prescription

drugs in violation of the Uniform Controlled Dangerous Substances

Act.
Okla. Stat. tit. 63, § 63-7100.5 — OK Code / Title 63 / Section 63-7100.5
Acceptance and use of form
Status: in_force

A. A health care entity shall accept the authorization form

adopted and distributed by the State Board of Health as a valid

authorization for the exchange of health information.

B. A health care entity is not required under this act to use

the authorization form adopted and distributed by the Board.
Okla. Stat. tit. 63, § 63-2-309 — OK Code / Title 63 / Section 63-2-309
Prescriptions
Status: in_force

A. 1. Except for dosages medically required for a period not

to exceed forty-eight (48) hours which are administered by or on

direction of a practitioner, other than a pharmacist, or medication

dispensed directly by a practitioner, other than a pharmacist, to an

ultimate user, no controlled dangerous substance included in

Schedule II, which is a prescription drug as determined under

regulation promulgated by the Board of Pharmacy, shall be dispensed

without an electronic prescription of a practitioner; provided, that

in emergency situations, as prescribed by the Board of Pharmacy by

regulation, such drug may be dispensed upon oral prescription

reduced promptly to writing and filed by the pharmacist in a manner

to be prescribed by rules and regulations of the Director of the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.

2. Electronic prescribing shall be utilized for Schedules II,

III, IV and V, subject to the requirements set forth in 21 CFR,

Section 1311 et seq.

3. An electronic prescription with electronic signature may

serve as an original prescription, subject to the requirements set

forth in 21 CFR, Section 1311 et seq.

4. Prescriptions shall be retained in conformity with the

requirements of this section and Section 2-307 of this title. No

prescription for a Schedule II substance may be refilled.

5. The electronic prescription requirement provided for in this

section shall not apply to prescriptions for controlled dangerous

substances issued by any of the following:

a. a person licensed to practice veterinary medicine,

b. a practitioner who experiences temporary technological

or electrical failure or other extenuating

circumstance that prevents the prescription from being

transmitted electronically; provided, however, that

the practitioner documents the reason for this

exception in the medical record of the patient,

c. a practitioner, other than a pharmacist, who dispenses

directly to an ultimate user,

Oklahoma Statutes - Title 63. Public Health and Safety Page 945

d. a practitioner who orders a controlled dangerous

substance to be administered through an on-site

pharmacy in:

(1) a hospital as defined in Section 1-701 of this

title,

(2) a nursing facility as defined in Section 1-1902

of this title,

(3) a hospice inpatient facility as defined in

Section 1-860.2 of this title,

(4) an outpatient dialysis facility,

(5) a continuum of care facility as defined in

Section 1-890.2 of this title, or

(6) a penal institution listed in Section 509 of

Title 57 of the Oklahoma Statutes,

e. a practitioner who orders a controlled dangerous

substance to be administered through a hospice program

including but not limited to a hospice program that

provides hospice services in the private residence of

a patient or in a long-term care facility where the

patient resides. As used in this subparagraph,

“hospice program” has the same meaning as provided by

Section 1-860.2 of this title,

f. a practitioner who writes a prescription to be

dispensed by a pharmacy located on federal property,

provided the practitioner documents the reason for

this exception in the medical record of the patient,

g. a practitioner that has received a waiver or extension

from his or her licensing board,

h. a practitioner who prescribes a controlled dangerous

substance for a supply that when taken as prescribed

would be consumed within seventy-two (72) hours, or

i. a practitioner who determines that an electronic

prescription cannot be issued in a timely manner and

the condition of the patient is at risk.

6. Electronic prescriptions may be utilized under the following

circumstances:

a. compounded prescriptions,

b. compounded infusion prescriptions, or

c. prescriptions issued under approved research

protocols.

7. A pharmacist who receives a written, oral or facsimile

prescription shall not be required to verify that the prescription

falls under one of the exceptions provided for in paragraph 6 of

this subsection. Pharmacists may continue to dispense medications

from otherwise valid written, oral or facsimile prescriptions that

are consistent with the provisions of this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 946

8. Practitioners shall indicate in the health record of a

patient that an exception to the electronic prescription requirement

was utilized.

9. All prescriptions issued pursuant to paragraph 5 and

subparagraph c of paragraph 6 of this subsection shall be on an

official prescription form approved by the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control if not issued electronically.

10. a. Practitioners shall be registered with the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control

in order to purchase official prescription forms.

Such registration shall include, but not be limited

to, the primary address and the address of each place

of business to be imprinted on official prescription

forms. Any change to a registered practitioner’s

registered address shall be promptly reported to the

practitioner’s licensing board and the Bureau by the

practitioner in a manner approved by the Bureau.

b. Where the Bureau has revoked the registration of a

registered practitioner, the Bureau may revoke or

cancel any official prescription forms in the

possession of the registered practitioner. Any

revocation or any suspension shall require the

registered practitioner to return all unused official

prescription forms to the Bureau within fifteen (15)

calendar days after the date of the written

notification.

c. A practitioner that has had any license to practice

terminated, revoked or suspended by a state or federal

agency may, upon restoration of such license or

certificate, register with the Bureau.

11. a. Official prescription forms shall be purchased at the

expense of the practitioner or the employer of the

practitioner from a list of vendors approved by the

Bureau.

b. Official prescription forms issued to a registered

practitioner shall be imprinted with the primary

address and may include other addresses listed on the

registration of the practitioner to identify the place

of origin. Such prescriptions shall be sent only to

the primary address of the registered practitioner.

c. Official prescription forms of a registered

practitioner shall be used only by the practitioner

designated on the official prescription form.

d. The Bureau may revoke or cancel official prescription

forms in possession of registered practitioners when

the license of such practitioner is suspended,

terminated or revoked.

Oklahoma Statutes - Title 63. Public Health and Safety Page 947

e. Official prescription forms of registered

practitioners who are deceased or who no longer

prescribe shall be returned to the Bureau at a

designated address. If the registered practitioner is

deceased, it is the responsibility of the registered

practitioner’s estate or lawful designee to return

such forms.

f. The Bureau may issue official prescription forms to

employees or agents of the Bureau and other government

agencies for the purpose of preventing, identifying,

investigating and prosecuting unacceptable or illegal

practices by providers and other persons and assisting

in the recovery of overpayments under any program

operated by the state or paid for with state funds.

Such prescription forms shall be issued for this

purpose only to individuals who are authorized to

conduct investigations on behalf of the Bureau or

other government agencies as part of their official

duties. Individuals and agencies receiving such

prescription forms for this purpose shall provide

appropriate assurances to the Bureau that adequate

safeguards and security measures are in place to

prevent the use of such prescription forms for

anything other than official government purposes.

12. a. Adequate safeguards and security measures shall be

undertaken by registered practitioners holding

official prescription forms to assure against the

loss, destruction, theft or unauthorized use of the

forms. Registered practitioners shall maintain a

sufficient but not excessive supply of such forms in

reserve.

b. Registered practitioners shall immediately notify the

Bureau, in a manner designated by the Bureau, upon

their knowledge of the loss, destruction, theft or

unauthorized use of any official prescription forms

issued to them, as well as the failure to receive

official prescription forms within a reasonable time

after ordering them from the Bureau.

c. Registered practitioners shall immediately notify the

Bureau upon their knowledge of any diversion or

suspected diversion of drugs pursuant to the loss,

theft or unauthorized use of prescriptions.

B. 1. Except for dosages medically required for a period not

to exceed seventy-two (72) hours which are administered by or on

direction of a practitioner other than a pharmacist or medication

dispensed directly by a practitioner, other than a pharmacist, to an

ultimate user, or the circumstances provided for in paragraphs 5 and

Oklahoma Statutes - Title 63. Public Health and Safety Page 948

6 of subsection A of this section, no controlled dangerous substance

included in Schedule III or IV, which is a prescription drug as

determined under regulation promulgated by the Board of Pharmacy,

shall be dispensed without an electronic prescription.

2. Any prescription for a controlled dangerous substance in

Schedule III, IV or V may not be filled or refilled more than six

(6) months after the date thereof or be refilled more than five

times after the date of the prescription, unless renewed by the

practitioner.

C. Whenever it appears to the Director of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control that a drug not

considered to be a prescription drug under existing state law or

regulation of the Board of Pharmacy should be so considered because

of its abuse potential, the Director shall so advise the Board of

Pharmacy and furnish to the Board all available data relevant

thereto.

D. 1. “Prescription”, as used in this section, means a

written, oral or electronic order by a practitioner to a pharmacist

for a controlled dangerous substance for a particular patient, which

specifies the date of its issue, and the full name and address of

the patient and, if the controlled dangerous substance is prescribed

for an animal, the species of the animal, the name and quantity of

the controlled dangerous substance prescribed, the directions for

use, the name and address of the owner of the animal and, if

written, the signature of the practitioner. When electronically

prescribed, the full name of the patient may include the name and

species of the animal.

2. “Registered practitioner”, as used in this section, means a

licensed practitioner duly registered with the Oklahoma State Bureau

of Narcotics and Dangerous Drugs Control authorized to purchase

official prescription forms.

E. No person shall solicit, dispense, receive or deliver any

controlled dangerous substance through the mail, unless the ultimate

user is personally known to the practitioner and circumstances

clearly indicate such method of delivery is in the best interest of

the health and welfare of the ultimate user.
Okla. Stat. tit. 63, § 63-1-533 — OK Code / Title 63 / Section 63-1-533
See the following versions:
Status: in_force

OS 63-1-533v1 (HB 2341, Laws 2019, c. 475, § 53, effective until

Nov. 1, 2024).

OS 63-1-533v2 (SB 1464, Laws 2022, c. 161, § 1, effective

beginning Nov. 1, 2024).
Okla. Stat. tit. 63, § 63-1-2010 — OK Code / Title 63 / Section 63-1-2010
Renumbered as § 2-7-125 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1405 — OK Code / Title 63 / Section 63-1-1405
Embargo
Status: in_force

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

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

device, or cosmetic is adulterated, or so misbranded as to be

dangerous or fraudulent, within the meaning of this article, he

shall, upon approval and authorization of the Commissioner, affix to

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

such article is, or is suspected of being, adulterated or misbranded

and has been detained or embargoed, and warning all persons not to

remove or dispose of such article by sale or otherwise until

permission for removal or disposal is given by such agent or the

court. It shall be unlawful for any person to remove or dispose of

such detained or embargoed article by sale or otherwise without such

permission.

(b) The Commissioner shall have twenty (20) days from the time

an article is embargoed in which to make a final determination as to

its adulteration or misbranding. Failure to find the article to be

adulterated or misbranded within such time shall result in the

embargo being void and lifted. When the Commissioner has found an

article to be adulterated or misbranded as provided herein, he shall

immediately petition the district court in whose jurisdiction the

article is detained or embargoed for condemnation of such article.

When such agent has found that an article so detained or embargoed

is not adulterated or misbranded, he shall remove the tag or other

marking. Any person whose interest is affected adversely by an

embargo imposed under the terms of this article may appeal direct

from a ruling of the Commissioner to the district court in whose

Oklahoma Statutes - Title 63. Public Health and Safety Page 610

jurisdiction the article is embargoed, and a trial de novo shall be

had in such court on the question of adulteration or misbranding.

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

adulterated or misbranded, such article shall, after entry of the

decree, be destroyed at the expense of the claimant thereof, under

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

storage and other proper expenses shall be taxed against the

claimant of such article or his agent; provided, that when the

adulteration or misbranding can be corrected by proper labeling or

processing of the article, the court, after entry of the decree and

after such costs, fees, and expenses have been paid and a good and

sufficient bond, conditioned that such article shall be so labeled

or processed, has been executed, may by order direct that such

article be delivered to the claimant thereof for such labeling or

processing under the supervision of an agent of the Commissioner.

The expense of such supervision shall be paid by the claimant. Such

bond shall be returned to the claimant of the article on

representation to the court by the Commissioner that the article is

no longer in violation of this article, and that the expenses of

such supervision have been paid.

(d) Whenever the Commissioner or any of his authorized agents

shall find in any room, building, vehicle of transportation or other

structure any perishable drugs, devices or cosmetics which are

unsound, or contain any filthy, decomposed or putrid substance, or

that may be poisonous or deleterious to health or otherwise unsafe,

the same being hereby declared to be a nuisance, the Commissioner,

or his authorized agent, shall forthwith condemn or destroy the

same, or in any other manner render the same unsalable.
Okla. Stat. tit. 63, § 63-3101.8 — OK Code / Title 63 / Section 63-3101.8
Patient's right to make decisions regarding life-
Status: in_force

sustaining treatment - Patient's comfort and alleviation of pain -

Pregnant patient.

A. A patient may make decisions regarding life-sustaining

treatment as long as the patient is able to do so.

B. Even if life-sustaining treatment or artificial

administration of nutrition and hydration are withheld or withdrawn,

the patient shall be provided with medication or other medical

treatment to alleviate pain and will be provided with oral

consumption of food and water.

C. If a qualified patient has been diagnosed as pregnant and

that diagnosis is known to the attending physician, the pregnant

Oklahoma Statutes - Title 63. Public Health and Safety Page 1467

patient shall be provided with life-sustaining treatment and

artificially administered hydration and nutrition, unless the

patient has specifically authorized, in her own words, that during a

course of pregnancy, life-sustaining treatment and/or artificially

administered hydration and/or nutrition shall be withheld or

withdrawn. If it is not known if the patient is pregnant, the said

physician shall, where appropriate considering age and other

relevant factors, determine whether or not the patient is pregnant.
Okla. Stat. tit. 63, § 63-1-818.36 — OK Code / Title 63 / Section 63-1-818.36
Renumbered as § 1430.36 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-1953.1 — OK Code / Title 63 / Section 63-1-1953.1
Renumbered as § 1-1956.1 of this title by Laws 2020,
Status: in_force

c. 39, § 7, eff. Nov. 1, 2020.
Okla. Stat. tit. 63, § 63-1-745.15 — OK Code / Title 63 / Section 63-1-745.15
Application of act
Status: in_force

A. The provisions of Section 4 of this act shall not apply to

an abortion provider in the case that the abortion is necessary to

avert the mother's death or in the case of a medical emergency.

B. Upon a determination by an abortion provider under

subsection A of this section that an abortion is necessary to avert

the death of the mother or that there is a medical emergency, such

provider shall certify the specific medical conditions that support

such determination and include such certification in the medical

file of the pregnant woman.

C. An abortion provider who knowingly or recklessly falsifies a

certification made pursuant to subsection B of this section shall be

deemed to have knowingly or recklessly failed to comply with this

act for purposes of Section 6 of this act.
Okla. Stat. tit. 63, § 63-2407 — OK Code / Title 63 / Section 63-2407
Short title
Status: in_force

Sections 2407 through 2415 of this title shall be known and may

be cited as the "Oklahoma Legal Interpreter for the Deaf and Hard-

of-Hearing Act".
Okla. Stat. tit. 63, § 63-2701 — OK Code / Title 63 / Section 63-2701
Public policy
Status: in_force

It is declared to be the public policy of this state, in order

to safeguard the public health, safety and welfare, to encourage

certain knowledgeable persons to make written report to the Division

of Services for the Blind and Visually Impaired of the State

Department of Rehabilitation Services as to individuals suffering

from blindness or serious visual impairment so that the Division may

inform them as to rehabilitative education and training programs of

the state.
Okla. Stat. tit. 63, § 63-1-214 — OK Code / Title 63 / Section 63-1-214
City-county health departments - Agreement for creation
Status: in_force

- Powers - Medical director and other employees.

A. The board of county commissioners of any county and the

governing body of any city which qualify under Section 1-210 of this

title shall enter into an agreement providing for the creation of a

city-county health department, and such contracting bodies shall by

agreement provide for the method of operation thereof, the selection

of a director of such department, and the proportionate share of

personnel and/or money that each shall contribute for the operation

and support of such department.

B. Unless an agreement made pursuant to subsection A of this

section specifically provides otherwise, any judgment against the

city-county health department or the city-county board of health

shall be treated as a judgment against the county and may be paid

from a sinking fund established pursuant to Section 28 of Article X

of the Oklahoma Constitution in the manner that other judgments

against the county are paid.

C. Unless an agreement made pursuant to subsection A of this

section specifically provides otherwise, a city-county health

department shall have the power to own, acquire, lease, or dispose

of real property in the performance of local public health

functions, duties, and responsibilities.

D. The qualifications of the director shall be determined by

the city-county board of health, with the advice of the State

Commissioner of Health, and subject to approval by the governing

body of the city and the board of county commissioners of the

county. The director, with the approval of the city-county board of

health, the board of county commissioners of the county, and the

governing body of the city, or the city manager in cities having a

managerial form of government, shall appoint other personnel of the

department.

Oklahoma Statutes - Title 63. Public Health and Safety Page 111

E. The employees of a city-county health department shall

possess minimum qualifications as set forth in a system of personnel

administration delineating job specifications and a compensation

plan adopted by the city-county board of health, and approved by the

State Commissioner of Health, the board of county commissioners and

the governing body of the city. By March 1, 1991, the city-county

health department shall establish a personnel, merit and promotion

system which shall be approved by the Commissioner of Public Health.

The employees shall also be eligible for membership in any life or

health insurance plan of the county and the county retirement

program, subject to the same conditions or restrictions that apply

to county employees. Any state employees officed or located at or

assigned to a city-county health department shall be subject to the

state system of personnel administration and shall be eligible for

membership in the state employees insurance and retirement programs.

F. Such city-county health department shall, under the

supervision of the director, enforce and administer all municipal

and county ordinances, rules and regulations, and all state laws,

and rules and regulations of the State Board of Health pertaining to

public health matters in the jurisdiction where it is created, or in

any area where it has jurisdiction to operate by agreement.

G. A city-county health department may perform any and all

health-related services, within the scope of practice, as prescribed

by law, by the city-county board of health, or by standards of care

for medical services. When a city-county health department provides

a health-related service to any person covered by an applicable

health insurance plan, the city-county health department may submit

a claim for said service to the appropriate insurance company,

health maintenance organization or preferred provider organization.

Upon receipt of the claim, said insurance company, health

maintenance organization or preferred provider organization shall

reimburse the city-county health department for the service provided

in accordance with the standard and customary rate schedule

established by the plan. All health insurance plans, doing business

in Oklahoma, shall recognize the public health service delivery

model utilized by the city-county health department, as an

appropriate provider of services for reimbursement. All insurance

reimbursement payments collected shall become a part of the general

revenue of the unit of government levying the same.
Okla. Stat. tit. 63, § 63-7302 — OK Code / Title 63 / Section 63-7302
Tanning facilities - Age requirement - Posting
Status: in_force

requirement.

A. As used in this act:

1. "Phototherapy device" means equipment that emits ultraviolet

radiation and is used in the diagnosis or treatment of disease or

injury;

2. "Tanning device" means equipment that emits electromagnetic

radiation having wavelengths in the air between two hundred (200)

and four hundred (400) nanometers and that is used for tanning of

human skin and any equipment used with that equipment including, but

not limited to, protective eyewear, timers and handrails. For the

purposes of this paragraph, "tanning device" shall not include a

phototherapy device used, or prescribed for use, by a physician;

3. "Tanning facility" means any location, place, area,

structure or business that provides persons access to any tanning

device, including tanning salons, health clubs, apartments and

condominiums, regardless of whether a fee is charged for access to

tanning equipment; and

4. "Operator" means a person designated by the owner of a

tanning facility or tanning device lessee to operate or to assist

Oklahoma Statutes - Title 63. Public Health and Safety Page 1789

and instruct in the operation and use of the tanning facility or

tanning device.

B. It shall be unlawful for any person under eighteen (18)

years of age to use any tanning device of any tanning facility in

this state.

C. A person who is the owner, lessee or operator of a tanning

facility in this state shall post in a conspicuous place in each

tanning facility owned, leased or operated by that person a notice

developed by the State Department of Health that states all of the

following:

1. That it is unlawful for a tanning facility or operator to

allow a person under eighteen (18) years of age to use any tanning

device;

2. That a tanning facility or operator that violates the

provisions of this act shall be subject to a civil penalty;

3. That an individual may report a violation of one or more

provisions of this act to the local law enforcement agency; and

4. The health risks associated with tanning including, but not

limited to, skin cancer, premature aging of skin, burns to the skin

and adverse reactions to certain medications, foods and cosmetics.

D. The State Board of Health shall promulgate rules to

implement the provisions of this act.
Okla. Stat. tit. 63, § 63-1-734 — OK Code / Title 63 / Section 63-1-734
Live-born fetus - Care and treatment
Status: in_force

A. No person shall purposely take the life of a child born as a

result of an abortion or attempted abortion which is alive when

partially or totally removed from the uterus of the pregnant woman.

B. No person shall purposely take the life of a viable child

who is alive while inside the uterus of the pregnant woman and may

be removed alive therefrom without creating any significant danger

to her life or health.

C. Any person who performs, induces, or participates in the

performance or inducing of an abortion shall take all reasonable

measures to preserve the life of a child who is alive when partially

Oklahoma Statutes - Title 63. Public Health and Safety Page 313

or totally removed from the uterus of the pregnant woman, so long as

the measures do not create any significant danger to her life or

health.

D. Any person violating this section shall be guilty of

homicide.