Okla. Stat. tit. 63, § 63-1-1001.5 — OK Code / Title 63 / Section 63-1-1001.5
Promulgation of rules
Status: in_force

The State Board of Health shall promulgate rules for:

1. Examinations of bedding manufactured, renovated, held,

leased, sold or offered for sale in Oklahoma;

2. The disposal of bedding determined to be unsafe for human

use;

3. The label requirements on bedding and bedding materials;

4. The sanitation of renovated or secondhand bedding, or

bedding materials;

5. The sanitation standards for facilities or vehicles where

bedding or bedding materials are manufactured, renovated, held,

leased, transported, sold or offered for sale in Oklahoma;

6. The defining of categories and limitations of bedding

permits;

7. The establishment of an annual permit fee;

8. Reporting requirements which may include bedding article

registration fees;

9. The procedure to apply for or renew a bedding permit; and

10. Prescribing means, methods and practices to implement the

provisions of the Oklahoma Bedding Regulation Act.
Okla. Stat. tit. 63, § 63-1-543.3 — OK Code / Title 63 / Section 63-1-543.3
Grand funding for sickle cell disease
Status: in_force

A. The Secretary of Health and Human Services shall, pursuant

to the Public Health Service Act, P.L. 78-410, apply for grant

funding from the United States Department of Health and Human

Services for the purposes of:

1. Identifying health disparities related to sickle cell

disease;

Oklahoma Statutes - Title 63. Public Health and Safety Page 240

2. Assessing the utilization of therapies and strategies to

prevent complications related to sickle cell disease; and

3. Other purposes permitted by federal laws and regulations.

B. The State Board of Health shall promulgate rules to

implement the provisions of this section.
Okla. Stat. tit. 63, § 63-1-755 — OK Code / Title 63 / Section 63-1-755
Public Education on the Humanity of the Unborn Child
Status: in_force

Fund.

There is hereby created in the State Treasury a revolving fund

for the State Board of Education to be designated as the "Public

Education on the Humanity of the Unborn Child Fund". The fund shall

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

shall consist of all monies deposited to the credit of the fund by

law. All monies accruing to the credit of said fund shall be

budgeted and expended by the Board for the establishment of the

instruction programs established in Section 4 of this act.

Expenditures from said fund shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 63, § 63-5015.1 — OK Code / Title 63 / Section 63-5015.1
Legal division or unit
Status: in_force

A. The Oklahoma Health Care Authority Board shall establish a

legal division or unit in the Oklahoma Health Care Authority. The

Administrator of the Oklahoma Health Care Authority may employ

attorneys as needed, which may be on full-time and part-time basis.

Provided the Oklahoma Health Care Authority shall not exceed the

authorized full-time equivalent limit for attorneys as specified by

the Legislature in the appropriations bill for the Authority.

Except as otherwise provided by this section, such attorneys, in

addition to advising the Board, Administrator and Authority

personnel on legal matters, may appear for and represent the Board,

Administrator and Authority in legal actions and proceedings.

B. The Legislature shall establish full-time-equivalent limits

for attorneys employed by the Oklahoma Health Care Authority.

C. It shall continue to be the duty of the Attorney General to

give official opinions to the Board, Administrator and Authority,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1722

and to prosecute and defend actions therefor, if requested to do so.

The Attorney General may levy and collect costs, expenses of

litigation and a reasonable attorney fee for such legal services

from the Authority. The Attorney General is authorized to levy and

collect costs, expenses and fees which exceed the costs associated

with the salary and benefits of one attorney FTE position per fiscal

year.

D. The Board, Administrator or Authority shall not contract for

representation by private legal counsel unless approved by the

Attorney General. Such contract for private legal counsel shall be

in the best interests of the state.

E. 1. The Attorney General shall be notified by the Board or

its counsel of all lawsuits against the Authority, its officers or

employees that seek injunctive relief which would impose obligations

requiring the expenditure of funds in excess of unencumbered monies

in the agency's appropriations or beyond the current fiscal year.

2. The Attorney General shall review any such cases and may

represent the interests of the state, if the Attorney General

considers it to be in the best interest of the state to do so, in

which case the Attorney General shall be paid as provided in

subsection C of this section. Representation of multiple defendants

in such actions may, at the discretion of the Attorney General, be

divided with counsel for the Board, Administrator and Authority as

necessary to avoid conflicts of interest.
Okla. Stat. tit. 63, § 63-2220.11 — OK Code / Title 63 / Section 63-2220.11
Renumbered as § 848-2.20B of Title 74 by Laws 2002, c
Status: in_force

451, § 2, eff. July 1, 2002.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1386
Okla. Stat. tit. 63, § 63-1-1955.1 — OK Code / Title 63 / Section 63-1-1955.1
Short title
Status: in_force

This act shall be known and may be cited as the “Oklahoma Long-

Term Care Partnership Act”.
Okla. Stat. tit. 63, § 63-1-725.15 — OK Code / Title 63 / Section 63-1-725.15
Compliance monitoring
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 291

A. The State Department of Health may monitor each hospital’s

compliance with the requirements of this act using any of the

following methods:

1. Evaluating complaints made by persons to the Department

regarding noncompliance with this act;

2. Reviewing any analysis prepared regarding noncompliance with

this act; and

3. Auditing the Internet websites of hospitals for compliance

with this act.

B. If the Department determines that a hospital is not in

compliance with a provision of this act, the Department may take any

of the following actions:

1. Provide a written notice to the hospital that clearly

explains the manner in which the hospital is not in compliance with

this act;

2. Request a corrective action plan from the hospital if the

hospital has materially violated a provision of this act, as

determined under Section 6 of this act; and

3. Impose an administrative penalty on the hospital and

publicize the penalty on the Department’s Internet website if the

hospital fails to:

a. respond to the Department’s request to submit a

corrective action plan, or

b. comply with the requirements of a corrective action

plan submitted to the Department.
Okla. Stat. tit. 63, § 63-685.4 — OK Code / Title 63 / Section 63-685.4
Emergency interim succession to office of Governor
Status: in_force

Whenever a natural or man-made disaster or emergency occurs in

the United States, and in the event that the Governor, for any of

the reasons specified in Article VI, Section 16 of the Oklahoma

Constitution, is not able to exercise the powers and discharge the

duties of the Governor’s office, or is unavailable, and in the event

the Lieutenant Governor, President Pro Tempore of the Senate, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1258

the Speaker of the House of Representatives be for any of the

reasons specified in the Constitution not able to exercise the

powers and discharge the duties of the office of Governor, or be

unavailable, the State Auditor and Inspector, Attorney General,

State Treasurer, Superintendent of Public Instruction, Commissioner

of Labor, and members of the Corporation Commission in the order of

their election districts, shall each in the order named, if no

officer higher in the enumerated order is available, exercise the

powers and discharge the duties of the office of Governor until a

new Governor is elected and qualified; provided, however, that no

emergency interim successor to the aforementioned offices may serve

as Governor.
Okla. Stat. tit. 63, § 63-1-818.40 — OK Code / Title 63 / Section 63-1-818.40
Renumbered as § 1430.40 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-2-201 — OK Code / Title 63 / Section 63-2-201
Authority to control - Recommendations
Status: repealed

Oklahoma Statutes - Title 63. Public Health and Safety Page 904

A. The Director shall administer the provisions of this act

except as otherwise provided.

B. The Board of Pharmacy by rule may classify new products

determined to have a potential for abuse as controlled dangerous

substances after notice and hearing; provided that such rule shall

be submitted to the next regular session of the Legislature, and

such rule shall remain in force and effect unless a concurrent

resolution of disapproval is passed. Hearings shall be conducted by

the Board of Pharmacy or such officers, agents or employees as the

Board of Pharmacy may designate for the purpose. The Board of

Pharmacy shall give appropriate notice of the proposed

classification and of the time and place for a hearing. The rule so

promulgated shall become effective on a date fixed by the Board of

Pharmacy. Such rule may be amended or repealed in the same manner

as provided for its adoption. Proceedings pursuant to this

subsection shall be governed by the Administrative Procedures Act.

A new substance controlled pursuant to this subsection shall be

subject to the same regulatory provisions of this act applicable to

the Schedule of substances to which it is classified.

C. The Director may recommend to the Legislature the addition,

deletion or rescheduling of a substance.

D. In considering whether to make a recommendation or issue an

order under this section, the Director or the Board of Pharmacy, as

the case may be, shall consider the following:

1. Its actual or relative potential for abuse;

2. Scientific evidence of its pharmacological effect, if known;

3. State of current scientific knowledge regarding the

substance;

4. Its history and current pattern of abuse;

5. The scope, duration, and significance of abuse;

6. What, if any, risk there is to the public health;

7. Its psychic or physiological dependence liability; and

8. Whether the substance is an immediate precursor or principal

compound of a substance already controlled under this article.

E. Substances which are precursors of a controlled precursor

shall not be subject to control solely because they are precursors

of the controlled precursor.

F. In addition to the filing requirements of the Administrative

Procedures Act, copies of orders issued under this section shall,

during the time the Legislature is not in session, be filed with the

Chair and Vice Chair of the State Legislative Council's Judiciary

Committee.

G. The Board of Pharmacy shall exclude any nonnarcotic

substance from a schedule if such substance may, under the Federal

Food, Drug and Cosmetic Act and the law of this state, be lawfully

sold over the counter without a prescription.

Oklahoma Statutes - Title 63. Public Health and Safety Page 905
Okla. Stat. tit. 63, § 63-1-1950.9 — OK Code / Title 63 / Section 63-1-1950.9
Fine and imprisonment
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 769

Any violation of the provisions of Sections 2 through 4 of this

act shall be deemed a misdemeanor and, upon conviction or plea of

guilty or nolo contendere, shall be punishable by a fine of not

less than Three Hundred Dollars ($300.00), but not more than One

Thousand Dollars ($1,000.00). In addition to the fine, such

violator may be imprisoned in the county jail for not more than

thirty (30) days. Each day that the violation continues shall be

considered to be a separate violation.
Okla. Stat. tit. 63, § 63-1-745.13 — OK Code / Title 63 / Section 63-1-745.13
Definitions
Status: in_force

As used in the Heartbeat Informed Consent Act:

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

medicine, drug, or any other substance or device to cause the

premature termination of the pregnancy of a woman 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, or to remove a dead unborn child who died as the result of

natural causes in utero, accidental trauma, or a criminal assault on

the pregnant woman or her unborn child;

2. "Abortion provider" means any person legally qualified to

perform an abortion under state law;

3. "Embryonic or fetal heartbeat" means embryonic or fetal

cardiac activity or the steady and repetitive rhythmic contraction

of the embryonic or fetal heart;

4. "Medical emergency" means a condition that, in reasonable

medical judgment, so complicates the medical condition of the

pregnant woman that it necessitates the immediate abortion of her

pregnancy to avert her death or for which the delay will create

Oklahoma Statutes - Title 63. Public Health and Safety Page 398

serious risk of substantial and irreversible physical impairment of

a major bodily function, not including psychological or emotional

conditions. No condition shall be deemed a medical emergency if

based on a claim or diagnosis that the woman will engage in conduct

which she intends to result in her death or in substantial and

irreversible physical impairment of a major bodily function;

5. "Reasonable medical judgment" means a medical judgment that

would be made by a reasonably prudent physician;

6. "Unborn child" means a member of the species Homo sapiens

from fertilization until live birth; and

7. "Woman" means a female human being, whether or not she has

reached the age of majority.
Okla. Stat. tit. 63, § 63-472 — OK Code / Title 63 / Section 63-472
City jails
Status: in_force

It shall be the duty of the governing bodies of all

municipalities to insure compliance with standards governing

conditions in municipal jails as prescribed in the Oklahoma Jail

Standards Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1210
Okla. Stat. tit. 63, § 63-1-1527 — OK Code / Title 63 / Section 63-1-1527
Legislative intent
Status: in_force

The State Legislature by adopting this act intends to preempt

any other regulation promulgated to control smoking in public places

and to standardize laws that governmental subdivisions may adopt to

control smoking. Cities and towns may enact and enforce laws

prohibiting and penalizing conduct under provisions of this act, but

the provisions of such laws shall be the same as provided in this

act and the enforcement provisions under such laws shall not be more

stringent than those of this act; provided, however, that cities and

towns shall be authorized to enact laws restricting smoking on

properties owned or operated by the respective governing bodies.

Nothing in this section shall be construed as to prevent county or

municipal governments, at the discretion of the respective governing

bodies, from prohibiting smoking in or on property owned or operated

by the respective governing bodies.
Okla. Stat. tit. 63, § 63-1-890.6 — OK Code / Title 63 / Section 63-1-890.6
Application of act - Bans on admission - Penalties
Status: in_force

A. The Continuum of Care and Assisted Living Act shall not

apply to residential care homes, adult companion homes, domiciliary

care units operated by the Department of Veterans Affairs, the

private residences of persons with developmental disabilities

receiving services provided by the Developmental Disabilities

Services Division of the Department of Human Services or through the

Home- and Community-Based Waiver or the Alternative Disposition Plan

Waiver of the Oklahoma Health Care Authority, or to hotels, motels,

boardinghouses, rooming houses, a home or facility approved and

annually reviewed by the United States Department of Veterans

Affairs as a medical foster home in which care is provided

exclusively to three or fewer veterans, or other places that furnish

board or room to their residents. The Continuum of Care and

Assisted Living Act shall not apply to facilities not charging or

receiving periodic compensation for services rendered and not

receiving any county, state or federal assistance.

B. The State Commissioner of Health may ban admissions to, or

deny, suspend, refuse to renew or revoke the license of, any

continuum of care facility or assisted living center which fails to

comply with the Continuum of Care and Assisted Living Act or rules

promulgated by the State Board of Health.

C. Any person who has been determined by the Commissioner to

have violated any provision of the Continuum of Care and Assisted

Living Act or any rule promulgated hereunder shall be liable for an

administrative penalty of not more than Five Hundred Dollars

($500.00) for each day that the violation occurs.

D. 1. The State Department of Health shall develop a

classification system of violations, taking into consideration the

recommendations of the Long-Term Care Facility Advisory Board

pursuant to Section 1-1923 of this title, which shall gauge the

severity of the violation and specify graduated penalties based on:

a. no actual harm with the potential for minimal harm,

b. no actual harm with the potential for more than

minimal harm,

c. actual harm that is not immediate jeopardy, and

d. immediate jeopardy to resident health and safety.

2. Upon discovery of one or more violations, the Department

shall provide a statement of deficiencies containing the violations.

The continuum of care facility or assisted living center shall be

required to correct these violations and submit a plan of correction

that details how the facility or center will correct each violation,

Oklahoma Statutes - Title 63. Public Health and Safety Page 552

ensure that the violation will not occur in the future and a period

to correct each violation not to exceed sixty (60) days.

3. No fine shall be assessed for any violation that is not

classified as actual harm or immediate jeopardy, unless the

continuum of care facility or assisted living center fails to

correct the violation within the period set forth in the accepted

plan of correction. Fines may be assessed at any time for any

violations that are classified as actual harm or immediate jeopardy.

4. Any new violation unrelated to the original violation and

not classified as actual harm or immediate jeopardy that is

discovered upon a revisitation of a continuum of care facility or

assisted living center shall constitute a new action and shall not

be included in the original citation or assessment of fines or

penalties; provided, that a preexisting violation not corrected in

compliance with the approved plan of correction shall be considered

still in effect.

E. If a continuum of care facility's failure to comply with the

Continuum of Care and Assisted Living Act or rules involves nursing

care services, the Commissioner shall have authority to exercise

additional remedies provided under the Nursing Home Care Act. If a

continuum of care facility's failure to comply with the Continuum of

Care and Assisted Living Act or rules involves adult day care

services, then the Commissioner shall have authority to exercise

additional remedies provided under the Adult Day Care Act.

F. In taking any action to deny, suspend, deny renewal, or

revoke a license, or to impose an administrative fee, the

Commissioner shall comply with requirements of the Administrative

Procedures Act.
Okla. Stat. tit. 63, § 63-1-575 — OK Code / Title 63 / Section 63-1-575
Short title - Courtney's Law – Information for
Status: in_force

chromosomal disorders.

A. This section shall be known and may be cited as "Courtney's

Law".

B. For purposes of this section, "chromosomal disorder" means:

1. Trisomy 13, otherwise known as Patau syndrome;

2. Trisomy 18, otherwise known as Edwards syndrome; or

3. Trisomy 21, otherwise known as Down syndrome.

C. Any health care facility, health care provider, or genetic

counselor who renders prenatal care, postnatal care, or genetic

counseling, upon receipt of a positive test result from a test for a

chromosomal disorder, shall provide the expectant or new parent with

information provided by the State Department of Health under

subsection D of this section if such information is made available

by the Department for the specific disorder.

D. The State Department of Health shall make available on its

Internet website the following:

1. To the extent such information is available, up-to-date,

evidence-based written information about chromosomal disorders that

has been reviewed by medical experts and national advocacy

organizations for people with intellectual and other developmental

disorders. The written information provided shall be compiled by

the Department from credible sources and shall include physical,

developmental, educational and psychosocial outcomes, life

Oklahoma Statutes - Title 63. Public Health and Safety Page 260

expectancy, clinical course, and intellectual and functional

development and treatment options; and

2. Contact information for programs and support services

including one or more hotlines specific to a chromosomal disorder,

resource centers or clearinghouses, national and local

organizations, and other education and support programs.

E. To the extent practicable, information provided under this

section shall be culturally and linguistically appropriate for women

receiving a positive prenatal diagnosis or for the family of a child

receiving a postnatal diagnosis of a chromosomal disorder.

F. The State Commissioner of Health shall promulgate rules to

implement this section.
Okla. Stat. tit. 63, § 63-1-1450 — OK Code / Title 63 / Section 63-1-1450
Legislative findings – Short title
Status: in_force

A. The Legislature hereby finds that:

1. There is, in addition to cosmetic reasons, a growing need

for medical micropigmentation in the treatment of clinical

conditions or traumas such as cancer, surgery, and burns;

2. Medical micropigmentation is being performed in Oklahoma;

and

3. Oklahoma law does not provide sufficient regulation of

medical micropigmentation to assure the protection of the public.

Therefore, there is a need to provide legislation to enable the

appropriate entities to regulate persons performing medical

micropigmentation on the citizens of this state.

B. Sections 1 through 9 of this act shall be known and may be

cited as the “Oklahoma Medical Micropigmentation Regulation Act”.
Okla. Stat. tit. 63, § 63-3301 — OK Code / Title 63 / Section 63-3301
Joint Legislative Commission to Study and Evaluate the
Status: in_force

Operations of the Oklahoma State University Center for Health

Sciences and the Indigent Health Care System in the Tulsa

Metropolitan Service Area - Membership - Duties and

responsibilities.

A. There is hereby created until February 6, 2006, a Joint

Legislative Commission to Study and Evaluate the Operations of the

Oklahoma State University Center for Health Sciences and the

Indigent Health Care System in the Tulsa Metropolitan Service Area.

The Commission shall be composed of nine (9) members as follows:

1. Three members from the House of Representatives, to be

appointed by the Speaker of the House of Representatives;

2. Three members from the Senate, to be appointed by the

President Pro Tempore of the Senate; and

3. Three members from the Office of the Governor, to be

appointed by the Governor.

B. The co-chairpersons of the Commission shall be appointed by

the Speaker of the House of Representatives and the President Pro

Tempore of the Senate. Five members shall constitute a quorum. A

quorum shall be present to conduct official business of the

Commission. Vacancies on the Commission shall be filled by the

authority where such vacancies exist. The Commission shall commence

work not later than July 15, 2005.

C. Supportive services shall be provided by the staff of the

Oklahoma House of Representatives and the State Senate. The

Commission shall also have the authority to hire such consultants or

auditors as deemed necessary to accomplish the duties and

responsibilities of the Commission. The expense of hiring any

consultants or auditors shall be paid by the Oklahoma State

Oklahoma Statutes - Title 63. Public Health and Safety Page 1598

University Center for Health Sciences and/or private or foundation

funds.

D. The duties and responsibilities of the Commission shall

include, but not be limited to:

1. Study, evaluate and investigate the management and

operations of the Oklahoma State University Center for Health

Sciences, including any relationships currently existing or proposed

with hospitals in the Tulsa Metropolitan Service Area;

2. Evaluate the mission and ability of the Oklahoma State

University Center for Health Sciences in providing medical teaching

and residency programs to prepare doctors for placement in rural

Oklahoma communities;

3. Investigate potential options for providing a stable

teaching hospital environment for the continuation of residency

programs for the Oklahoma State University Center for Health

Sciences;

4. Audit and study all financial arrangements or proposed

financial agreements related to maintaining the highest quality

medical teaching and residency program possible for the Oklahoma

State University Center for Health Sciences; and

5. Study, make recommendations, and submit a written report to

the Legislature and the Governor by December 15, 2005, regarding the

Oklahoma State University Center for Health Sciences and the future

of the delivery and efficiency of teaching, residency, and medical

services across rural Oklahoma and the delivery of care to the

indigent, underserved, and nonindigent populations of the Tulsa

Metropolitan Service Area. The report shall include, at a minimum,

recommendations for appropriate written agreements for the lease and

management of facilities, provision of indigent care, and

recommended minimum levels of state appropriations required for the

achievement of a long-term solution for graduate medical education

at the Oklahoma State University Center for Health Sciences.

E. In performing its duties and responsibilities, the

Commission may hold public hearings in various geographical

locations of the state and may invite individuals and organizations

to make presentations to the Commission. The Commission is further

granted the authority to administer oaths, subpoena witnesses and

records, and to hear evidence.

F. Travel reimbursement shall be the responsibility of theUniversity Center for Health Sciences and the Indigent Health Care System in the Tulsaorming its duties and responsibilities, the

Commission may hold public hearings in various geographical

locations of the state and may invite individuals and organizations

to make presentations to the Commission. The Commission is further

granted the authority to administer oaths, subpoena witnesses and

records, and to hear evidence.

F. Travel reimbursement shall be the responsibility of the

appointing authority and shall be subject to the State Travel

Reimbursement Act. Legislative members to the Commission shall be

reimbursed pursuant to the provisions of Section 456 of Title 74 of

the Oklahoma Statutes.

G. The Commission shall not be subject to the provisions of the

Oklahoma Open Records Act with respect to any proprietary

information, financial information related to a private for-profit

business entity or a nonprofit organization, or other information

Oklahoma Statutes - Title 63. Public Health and Safety Page 1599

that would place a business entity or nonprofit organization at a

competitive disadvantage or that the entity would not disclose to a

third party without the requirement of judicial process. The

Commission may require that documents and records that it requests

or that it compels be produced for its review subject to a

protective order that prohibits disclosure of the information

provided to any person other than a member of the Commission or its

designated agents or representatives.
Okla. Stat. tit. 63, § 63-3240.6 — OK Code / Title 63 / Section 63-3240.6
Powers and duties
Status: in_force

A. The Community Hospitals Authority shall have the power and

duty to:

1. Adopt bylaws and promulgate rules for the regulation of its

affairs and the conduct of its business;

2. Adopt an official seal;

3. Maintain an office in one of the participating hospitals for

the Community Hospitals Authority at no cost to the Authority;

4. Sue and be sued;

5. Make and enter into all contracts necessary or incidental to

the performance of its duties and the execution of its powers

pursuant to the Community Hospitals Authority Act;

6. Purchase or lease equipment, furniture, materials and

supplies, and incur such other expenses as may be necessary to

discharge its duties and responsibilities or to make any of its

powers effective;

7. Accept any and all grants from persons and from the United

States of America, or from any corporation or agency created or

designed by the United States of America, and, in connection with

any such grant, to enter into such agreements as the United States

of America or such corporation or agency may require;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1542

8. Accept grants and gifts from private individuals and

organizations;

9. Provide for complete financial audits on all accounts of the

Community Hospitals Authority and to authorize periodic audits by an

independent external auditing agency. Such audits shall be

performed annually in a format approved by the State Auditor and

Inspector, and all such audits shall be submitted to the State

Auditor and Inspector for review. Such audits shall be made in

accordance with generally accepted auditing standards and government

auditing standards. Financial statements shall be prepared in

accordance with generally accepted accounting principles. In

addition to the audits, the State Auditor and Inspector, whenever

the State Auditor deems it appropriate, and at least once each five

(5) years, or upon receipt of a request to do so from the Governor,

the Attorney General, the President Pro Tempore of the Senate, the

Speaker of the House of Representatives or the Authority shall

conduct a special audit of the Authority;

10. Engage in long-term planning for the operation and

management of the Community Hospitals Authority;

11. Establish petty cash funds and provide for appropriate

accounting procedures and controls; and

12. Do all other things necessary and proper to implement the

provisions of the Community Hospitals Authority Act.

B. The Community Hospitals Authority shall be subject to the

Oklahoma Budget Law of 1947.

C. The Authority shall prepare monthly a "budget vs. actual"

report which shows by budget activity the monthly and year-to-date

revenues and expenditures compared to budgeted revenues and

expenditures. Such report shall be submitted to the Office of

Management and Enterprise Services and to the directors of the

Fiscal Divisions of the State Senate and the Oklahoma House of

Representatives.

D. The Authority shall be subject to the professional risk

management program provided for in Section 85.58A of Title 74 of the

Oklahoma Statutes.

E. The Authority shall be and is prohibited from issuing bonds

or other evidences of indebtedness.

F. The Authority shall be and is prohibited from acquiring any

real property.
Okla. Stat. tit. 63, § 63-1073 — OK Code / Title 63 / Section 63-1073
Remedies of an obligee
Status: in_force

An obligee of an authority shall have the right, in addition to

all other rights which may be conferred on such obligee, subject

only to any contractual restrictions binding upon such obligee:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1326

(a) by mandamus, suit, action or proceeding at law or in equity,

to compel an authority and the commissioners, officers, agents or

employees thereof to perform each and every term, provision and

covenant contained in any contract of the authority with or for the

benefit of such obligee, and to require the carrying out of any or

all such covenants and agreements of the authority and the

fulfillment of all duties imposed upon it by this act.

(b) by suit, action or proceeding in equity, to enjoin any acts

or things which may be unlawful, or the violation of any of the

rights of an obligee of the authority.
Okla. Stat. tit. 63, § 63-1-260.2 — OK Code / Title 63 / Section 63-1-260.2
Purposes of act – Duties of Board of Health and
Status: in_force

Department of Health.

A. The purposes of this act are:

1. To design and implement a multigenerational, statewide

program of public awareness and knowledge about:

a. the causes of osteoporosis,

b. personal risk factors,

c. the value of prevention and early detection, and

d. the options available for treatment;

2. To facilitate and enhance knowledge and understanding of

osteoporosis by disseminating educational materials, information

about research results, services, and strategies for prevention and

treatment to patients, health professionals, and the public;

3. To utilize educational and training resources and services

that have been developed by organizations with appropriate expertise

and knowledge of osteoporosis, and to use available technical

assistance;

4. To evaluate existing osteoporosis services in the community

and assess the need for improving the quality and accessibility of

community-based services;

5. To provide easy access to clear, complete, and accurate

osteoporosis information and referral services;

6. To educate and train service providers, health

professionals, and physicians;

7. To heighten awareness about the prevention, detection, and

treatment of osteoporosis among state and local health and human

service officials, health educators, and policymakers;

Oklahoma Statutes - Title 63. Public Health and Safety Page 161

8. To coordinate state programs and services to address the

issue of osteoporosis;

9. To promote the development of support groups for

osteoporosis patients and their families and caregivers;

10. To adequately fund these programs; and

11. To provide lasting improvements in the delivery of

osteoporosis health care that affect the quality of life of

osteoporosis patients and that contain health care costs.

B. 1. The State Board of Health, giving consideration to the

recommendations of the Advancement of Wellness Advisory Council

created in Section 44 of this act, shall promulgate rules necessary

to enact the provisions of the Osteoporosis Prevention and Treatment

Education Act.

2. The State Department of Health, as funds are available,

shall:

a. provide sufficient staff to implement the Osteoporosis

Prevention and Treatment Education Program,

b. provide appropriate training for staff of the

Osteoporosis Prevention and Treatment Education

Program,

c. identify the appropriate entities to carry out the

program,

d. base the program on the most up-to-date scientific

information and findings,

e. work to improve the capacity of community-based

services available to osteoporosis patients,

f. work with governmental offices, community and business

leaders, community organizations, health care and

human service providers, and national osteoporosis

organizations to coordinate efforts and maximize state

resources in the areas of prevention, education, and

treatment of osteoporosis, and

g. identify and, when appropriate, replicate or use

successful osteoporosis programs and procure related

materials and services from organizations with

appropriate expertise and knowledge of osteoporosis.
Okla. Stat. tit. 63, § 63-1-212 — OK Code / Title 63 / Section 63-1-212
Powers and duties of city - county board of health
Status: in_force

It shall be the duty of the city-county board of health to

recommend ordinances, rules and regulations to the governing body of

any city or town within its jurisdiction and to the board of county

commissioners of the county within which such board exists in

matters pertaining to the preservation and promotion of public

health, and to assist in the formulation and adoption of uniform

health ordinances, rules and regulations within the jurisdiction of

such board. Such board, in addition to the powers and duties set

forth in Sections 210 to 218 of this article, shall have all the

powers, rights and duties which are now or may hereafter be

conferred by the statutes of this state upon city or county boards

of health, except the making of rules and regulations.
Okla. Stat. tit. 63, § 63-683.23 — OK Code / Title 63 / Section 63-683.23
Violations - Civil actions - Jurisdiction - Penalties -
Status: in_force

Enforcement.

A. The Oklahoma Department of Emergency Management (OEM) may

request the Attorney General to institute a civil action for relief,

including a permanent or temporary injunction, restraining order or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1235

any other appropriate order in the appropriate district court,

whenever any person:

1. Violates or fails or refuses to comply with any order or

decision issued by the OEM;

2. Interferes with, hinders or delays the OEM in carrying out

its duties and responsibilities;

3. Refuses to admit authorized representatives of the OEM;

4. Refuses to permit inspection by authorized representatives

of the OEM;

5. Refuses to furnish any information or report requested by

the OEM to accomplish its duties and responsibilities;

6. Refuses to permit access to, or copying of, such records as

the OEM determines necessary to accomplish its duties and

responsibilities.

B. The court shall have jurisdiction to provide such relief as

may be appropriate. Any relief granted by the court to enforce an

order under subsection A of this section shall continue in effect

until the completion or final termination of all proceedings for

review of such order is made, unless the district court granting

such relief sets it aside or modifies it.

C. Any person willfully violating any rule, regulation or order

of the OEM shall be deemed guilty of a misdemeanor, and shall, upon

conviction thereof, be punished by imprisonment in the county jail

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

Three Thousand Dollars ($3,000.00), or both. Each day of violation

shall constitute a separate offense.

D. The Department of Public Safety, the Oklahoma State Bureau

of Investigation, and the Oklahoma Tax Commission shall assist the

OEM in the enforcement of any rule, regulation or order of the OEM.
Okla. Stat. tit. 63, § 63-4232 — OK Code / Title 63 / Section 63-4232
Definitions - Requirements for persons younger than
Status: in_force

sixteen to operate certain motorized vessels, personal watercraft -

Boating Safety Education Certificate.

A. As used in this section:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1692

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

4002 of Title 63 of the Oklahoma Statutes, but shall not include

personal watercraft; and

2. "Boating safety education course" means a course in safe

boating that meets or exceeds the minimum instruction standards as

established by the National Association of State Boating Law

Administrators in effect at the time the course is completed.

B. A person under sixteen (16) years of age shall not operate

any vessel, as defined in this section, powered by a motor or

combination of motors in excess of ten (10) horsepower or any sail-

powered vessel sixteen (16) feet or greater in length on the waters

of this state unless the person has:

1. Successfully completed a boating safety education course or

has passed a proctored equivalency examination which tests the

knowledge of information included in the curriculum of such a

course; and

2. Received a Boating Safety Education Certificate as evidence

of successful completion of a boating safety education course or an

equivalency examination.

C. A person at least twelve (12) years of age, but who has not

reached sixteen (16) years of age, shall not operate a vessel, as

defined in this section, powered by a motor or combination of motors

in excess of ten (10) horsepower or any sail-powered vessel sixteen

(16) feet or greater in length on the waters of this state unless

the person:

1. Has met the requirements listed in subsection B of this

section; and

2. Is accompanied by a competent adult, eighteen (18) years of

age or older, who is in a position on or in the vessel to take

immediate control of the vessel being operated.

D. 1. A person under sixteen (16) years of age shall not

operate a personal watercraft unless the person has met the

requirements listed in subsection B of this section.

2. A person at least twelve (12) years of age, but who has not

reached sixteen (16) years of age, shall not operate a personal

watercraft unless the person:

a. Has met the requirements listed in subsection B of

this section; and

b. Is under the visual supervision by a competent adult,

eighteen (18) years of age or older within a distance of five

hundred (500) yards.

The operator of a personal watercraft shall stay at least fifty (50)

feet away from all moving vessels, shall idle at or in the vicinity

of docks and swimmers, and shall wear an approved personal flotation

device.

E. The Department of Public Safety shall promulgate rules

necessary for:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1693

1. The certification of programs and tests for boating safety

education offered by other public or private organizations;

2. The administration of a boating safety education program;

and

3. The issuance of boating safety education certificates.

F. A Boating Safety Education Certificate issued by the

Department of Public Safety to a person who has successfully

completed a boating safety education course or course equivalency

examination shall not expire.

G. A person who is operating a vessel on the waters of this

state shall have in his or her immediate possession:

1. The original Boating Safety Education Certificate as proof

the operator meets the requirements of this section; or

2. A photo identification that clearly shows the operator is

sixteen (16) years of age or older.

Failure to present such proof upon request by a peace officer shall

be prima facie evidence of a violation of this section.Oklahoma Statutes - Title 63. Public Health and Safety Page 57
Okla. Stat. tit. 63, § 63-2200.19A — OK Code / Title 63 / Section 63-2200.19A
Law governing validity and interpretation -
Status: in_force

Presumption of validity.

A. A document of gift is valid if executed in accordance with:

1. This act;

2. The laws of the state or country where it was executed; or

3. The laws of the state or country where the person making the

anatomical gift was domiciled, has a place of residence, or was a

national at the time the document of gift was executed.

B. If a document of gift is valid under this section, the law

of this state governs the interpretation of the document of gift.

C. A person may presume that a document of gift or amendment of

an anatomical gift is valid unless that person knows that it was not

validly executed or was revoked.
Okla. Stat. tit. 63, § 63-5010 — OK Code / Title 63 / Section 63-5010
Analysis of state health care programs - Exploration of
Status: in_force

cost containment and delivery alternatives.

A. The Oklahoma Health Care Authority shall analyze the state-

purchased and state-subsidized health care programs and explore

options for cost containment and delivery alternatives for those

programs that are consistent with the purposes of those programs,

including, but not limited to:

1. Creation of economic incentives for the persons for whom the

state purchases or subsidizes health care to appropriately utilize

and purchase health care services, including the development of

flexible benefit plans to offset increases in individual financial

responsibility;

2. Utilization of provider arrangements that encourage cost

containment and ensure access to quality care, including, but not

limited to, prepaid delivery systems, utilization review, and

prospective payment methods;

3. Coordination of state agency efforts to purchase drugs

effectively;

4. Development of recommendations and methods for purchasing

medical equipment and supporting services on a volume discount

basis; and

5. Development of data systems to obtain utilization data from

state-purchased and state-subsidized health care programs in order

to identify cost centers, utilization patterns, provider and

hospital practice patterns, and procedure costs.

B. 1. The Authority shall prepare for the Governor, the

Legislature and the Joint Legislative Oversight Committee for the

Oklahoma Health Care Authority an annual report on the savings

Oklahoma Statutes - Title 63. Public Health and Safety Page 1717

realized and all costs incurred in the implementation of any drug

cost containment programs including, but not limited to:

a. development and implementation of a drug prior

authorization list, and

b. other uses of prior authorizations.

2. Costs shall include direct costs such as staffing, contracts

and other resources used.
Okla. Stat. tit. 63, § 63-1098 — OK Code / Title 63 / Section 63-1098
Act not to create new elements of value or damage
Status: in_force

Nothing in this act shall be construed as creating in any

condemnation proceedings brought under the power of eminent domain

any element of value or of damage not in existence immediately prior

to the date of enactment of this act.
Okla. Stat. tit. 63, § 63-3218 — OK Code / Title 63 / Section 63-3218
Bonds not to be debt of state or political subdivision -
Status: in_force

Statement on bonds - Tax exemption.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1529

Revenue bonds of the University Hospitals Authority issued

pursuant to the provisions of the University Hospitals Authority

shall not constitute a debt of the state or of any political

subdivision thereof, or a pledge of the full faith and credit of the

state, or of any political subdivision thereof, but such bonds shall

be payable solely from the funds provided therefor. The forms of

the bonds so issued shall contain on the face thereof a statement to

the effect that neither the state nor the Authority shall be

obligated to pay the same or the interest thereon except from the

revenues of the Authority pledged to the payment of such bonds and

that neither the faith and credit nor the taxing power of the state

or any political subdivision thereof is pledged, or may hereafter be

pledged, to the payment of the principal of or interest on such

bonds. The bonds so issued shall be exempt from taxation by the

State of Oklahoma and any political subdivision thereof, including

the income therefrom, and any gain from the sale thereof.
Okla. Stat. tit. 63, § 63-1-1925.1 — OK Code / Title 63 / Section 63-1-1925.1
Long-term care facilities - Visiting or residential
Status: in_force

animals.

Oklahoma Statutes - Title 63. Public Health and Safety Page 713

The State Board of Health shall establish rules and regulations

allowing the use of visiting or residential animals in selected

long-term health care facilities in this state. Long-term health

care facilities which want animals shall be required to apply to the

State Department of Health for approval for residential animals.

Such rules and regulations shall be established giving consideration

to disease prevention, sanitation, prevention of injury to patients

and animals, and other concerns deemed appropriate by the Board.
Okla. Stat. tit. 63, § 63-1-2016 — OK Code / Title 63 / Section 63-1-2016
Renumbered as § 2-7-302 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-4016 — OK Code / Title 63 / Section 63-4016
Application for registration of vessel - Contents -
Status: in_force

Issuance of certificate and assignment of permanent number -

Availability and inspection of certificate and bill of sale.

A. Every owner of a vessel, when making application for

registration, shall furnish the following information:

1. A full description of the vessel including the

manufacturer's serial, model, or other identification number, the

manufacturer's factory delivered price, and the total delivered

price of said vessel;

2. The correct name and address, the name of the city, county

and state in which the person in whose name the vessel is to be

registered resides;

3. The county of location of the vessel; and

4. Such other information as may be prescribed by Service

Oklahoma.

B. Upon the filing of a registration application for a vessel

and the payment of the fees provided for in the Oklahoma Vessel and

Motor Registration Act, Section 4002 et seq. of this title, Service

Oklahoma shall issue the owner of the vessel a certificate of

registration and two registration decals and shall also assign a

permanent number for the vessel described in the application. The

registration decals and the permanent number shall be recorded on

the annual registration certificate covering such vessel. The

permanent number shall be displayed upon the vessel as required by

Section 4030 of this title.

C. The current certificate of registration shall be legible and

available for inspection at all times.

D. On all new and used vessels, prior to receipt of the

certificate of registration and the registration decals, the

dealer's bill of sale shall be available for inspection at all times

for the first thirty (30) calendar days from the date of purchase.

Thereafter, prior to receipt of the certificate of registration and

the registration decals, the official registration receipt from

Service Oklahoma or a licensed operator shall be available for

inspection at all times.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1623
Okla. Stat. tit. 63, § 63-1-1956.2 — OK Code / Title 63 / Section 63-1-1956.2
Notice of electronic monitoring - Refusal to admit -
Status: in_force

Signs.

A. A nursing facility, assisted living center or continuum of

care facility shall provide written notice to each resident, or to

the representative of a resident, that authorized electronic

monitoring of a resident's room conducted under the provisions of

Section 1-1953.1 et seq. of this title is not compulsory and shall

only be conducted with the written consent of the resident or the

representative of the resident.

B. A nursing facility, assisted living center or continuum of

care facility shall not refuse to admit an individual to residency

in the facility or center and shall not remove a resident from a

facility or center because of authorized electronic monitoring of a

resident's room.

C. A nursing facility, assisted living center or continuum of

care facility shall post at or near its main entrances a sign that

clearly states that electronic monitoring and audio devices may be

in use in the facility or center.
Okla. Stat. tit. 63, § 63-690.2 — OK Code / Title 63 / Section 63-690.2
Definitions
Status: in_force

For purposes of the Oklahoma Flood Hazard Mitigation Program:

1. "Board" means the Oklahoma Water Resources Board;

2. "Department" means the Oklahoma Department of Emergency

Management;

3. "Dwelling unit" means a place of residence and may be a

single- or multiple-dwelling building;

4. "Flood" or "flooding" means general and temporary conditions

of partial or complete inundation of normally dry land areas from

the overflow of lakes, streams, rivers, or any other inland waters

and from surface run-off;

5. "Flood hazard mitigation" means any cost-effective measure

which will reduce or eliminate the effects of a flood disaster;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1269

6. "Flood hazard mitigation projects" means those projects

designed to correct, alleviate or eliminate a condition or situation

which poses a repetitive threat to life, property, or public safety

from the effects of a flood disaster;

7. "Flood disaster" means any flood catastrophe, including but

not limited to high water, flood waters, or wind-driven water which

causes damage of sufficient severity and magnitude to warrant flood

hazard mitigation or the use of resources of the federal government,

or the state and political subdivisions thereof to alleviate the

damage, loss, hardship, or suffering caused thereby;

8. "Political subdivision" means any county, city, town, or

municipal corporation of the State of Oklahoma;

9. "Real property" includes all lands, including improvements

and fixtures thereon, and property of any nature which is

appurtenant thereto, or used in connection therewith, and every

estate, interest and right, legal or equitable, therein including

terms for years; and

10. "State Hazard Mitigation Team" means the entity created

pursuant to Section 683.6 of this title.
Okla. Stat. tit. 63, § 63-934 — OK Code / Title 63 / Section 63-934
Appointment and qualifications of Chief Medical Examiner
Status: in_force

The Board of Medicolegal Investigations shall appoint a Chief

Medical Examiner who shall be a physician licensed to practice in

Oklahoma and a Diplomate of the American Board of Pathology or the

American Osteopathic Board of Pathology in forensic pathology. The

Chief Medical Examiner shall serve at the pleasure of the Board. In

addition to the duties prescribed by law, the Chief Medical Examiner

may teach in any educational capacity.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1283
Okla. Stat. tit. 63, § 63-1-866.1 — OK Code / Title 63 / Section 63-1-866.1
Definitions
Status: in_force

As used in this section:

1. "Assisted living center" means any home or establishment

offering, coordinating, or providing services to two or more persons

who:

a. are domiciled therein,

b. are unrelated to the operator,

c. by choice or functional impairments, need assistance

with personal care or nursing supervision,

d. may need intermittent or unscheduled nursing care,

e. may need medication assistance, and

f. may need assistance with transfer and/or ambulation;

2. "Consumer" means an individual seeking a referral to an

assisted living center or continuum of care facility on behalf of

themselves or someone else as a representative;

3. "Continuum of care facility" means a home, establishment, or

institution providing nursing facility services as defined in

Section 1-1902 of Title 63 of the Oklahoma Statutes and one or both

of the following:

a. assisted living center services as defined in the

Continuum of Care Assisted Living Act, and

b. adult day care center services as defined in Section

1-872 of Title 63 of the Oklahoma Statutes;

4. "Fee" means a commission paid to an individual or entity in

exchange for referring a consumer to an assisted living center or

continuum of care facility which results in a resident move-in;

5. "Referral" means identifying and referring a consumer to an

assisted living center or continuum of care facility to facilitate

Oklahoma Statutes - Title 63. Public Health and Safety Page 530

an evaluation, in consultation with the community, of whether the

assisted living center or continuum of care facility is a suitable

option for the consumer;

6. "Referral agency" means an entity that provides referrals to

assisted living centers or continuum of care facilities for a fee

collected from a consumer or an assisted living center or continuum

of care facility. The term does not include:

a. an assisted living center or continuum of care

facility, its owners, or any of its employees or

contractors in their individual capacity, or

b. a resident or resident's family member who refers a

consumer to the assisted living center or continuum of

care facility regardless of whether that individual

receives a discount or other remuneration from the

assisted living center or continuum of care facility.
Okla. Stat. tit. 63, § 63-985 — OK Code / Title 63 / Section 63-985
Definitions
Status: in_force

For the purpose of this act: (a) "high voltage" shall mean a

voltage in excess of seven hundred fifty (750) volts between

conductors, or between any single conductor and the ground; (b)

"overhead lines or overhead conductors" shall mean all bare or

insulated electrical conductors installed above ground excepting

those conductors that are deenergized and grounded or that are

enclosed in iron pipe or other metal covering of equal strength.
Okla. Stat. tit. 63, § 63-1-323.1 — OK Code / Title 63 / Section 63-1-323.1
Notification system for identifying missing children
Status: in_force

A. The State Commissioner of Health shall establish a system

for receiving notification from the Oklahoma State Bureau of

Investigation that a person born in the State of Oklahoma and under

eighteen (18) years of age has been reported missing, for

identifying the birth certificate of such person, and for

immediately notifying the Oklahoma State Bureau of Investigation

whenever a request for a copy of the birth certificate of such

person is made. The notification to the Oklahoma State Bureau of

Investigation required by this section shall include but not be

limited to the name and address of the person requesting a copy of

the birth certificate and the name and address of the person to whom

the copy is to be mailed if that person is someone other than the

requester.

B. The State Commissioner of Health and the Director of the

Oklahoma State Bureau of Investigation shall jointly establish the

procedures and forms necessary for the transmittal of information

between the State Department of Health and the Oklahoma State Bureau

of Investigation required pursuant to the provisions of this act.
Okla. Stat. tit. 63, § 63-1-849 — OK Code / Title 63 / Section 63-1-849
Renumbered as § 629 of Title 57 by Laws 2015, c. 227, §
Status: in_force

2, eff. Nov. 1, 2015.
Okla. Stat. tit. 63, § 63-1-918 — OK Code / Title 63 / Section 63-1-918
Standards, rules and regulations
Status: in_force

The State Board of Health shall formulate, and after public

hearing adopt reasonable rules and regulations establishing minimum

standards of compliance for carrying out the provisions of the

preceding section, and such additional rules and regulations as it

Oklahoma Statutes - Title 63. Public Health and Safety Page 559

deems necessary to protect the health and safety of the public in

the sale of bottled water.
Okla. Stat. tit. 63, § 63-2-315 — OK Code / Title 63 / Section 63-2-315
Submission of out-of-date controlled dangerous
Status: in_force

substances for destruction.

A. Except as otherwise provided by law, any person required to

obtain an annual registration pursuant to Section 2-302 of this

title, or any group home, or residential care home as defined by

Section 1-820 of this title shall submit for destruction all

controlled dangerous substances which are out of date, which are

unwanted, unused or which are abandoned by their owner at their

facility due to death or other circumstances.

B. All controlled dangerous substances described in subsection

A of this section shall be submitted to the Oklahoma City laboratory

of the Oklahoma State Bureau of Investigation, along with all

required information on forms provided by the Oklahoma State Bureau

of Investigation, to the federal Drug Enforcement Administration, to

a duly registered reverse distributor, to the original registered

supplier or their registered agent, to a duly registered retail

pharmacy, or to a hospital or clinic with an on-site pharmacy

pursuant to the rules set forth in Part 1317 of Title 21 of the Code

of Federal Regulations. When any such substance is transported by

private contract or common carrier or United States Postal Service

for the purpose of destruction, the sender shall require a receipt

from such private contract or common carrier or United States Postal

Service, and such receipt shall be retained as a permanent record by

the sender.

C. Controlled dangerous substances submitted to the Oklahoma

State Bureau of Investigation pursuant to the provisions of this

section shall be destroyed pursuant to the procedures provided in

subsection A of Section 2-508 of this title.

Controlled dangerous substances submitted to any distributors,

reverse distributors or their original registered suppliers pursuant

to the provisions of this section shall be destroyed by incineration

so as to make the substance absolutely unusable for human purposes.

An official record listing the property destroyed, the location of

Oklahoma Statutes - Title 63. Public Health and Safety Page 968

destruction and disposal, and the name and title of the person

supervising the destruction and disposal shall be submitted to the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control and

the federal Drug Enforcement Administration office located nearest

the destruction site.

D. The Office of the Chief Medical Examiner is hereby

authorized to perform on-site incineration of all controlled

dangerous substances which are obtained in the discharge of the

official duties of the Chief Medical Examiner. Any record relating

to destruction of a controlled dangerous substance shall be

maintained as required by the state or federal government and shall

be available for inspection by appropriate state or federal

government regulatory agencies.

E. This section shall constitute a part of the Uniform

Controlled Dangerous Substances Act.
Okla. Stat. tit. 63, § 63-2-329 — OK Code / Title 63 / Section 63-2-329
Drug cleanup fines - Disposition of fines collected
Status: in_force

A. In addition to any fine or imprisonment imposed under

Section 2-328 of this title, the following drug cleanup fine may be

imposed:

1. Up to Ten Thousand Dollars ($10,000.00) for violations

described in subsection A of Section 2-328 of this title or Section

2-401 of this title; and

2. Up to One Hundred Thousand Dollars ($100,000.00) for

violations described in subsections C, D or E of Section 2-328 of

this title.

B. All fines collected under this section shall be transferred

to the Bureau of Narcotics Revolving Fund, pursuant to Section 2-107

of this title.
Okla. Stat. tit. 63, § 63-1-229.7 — OK Code / Title 63 / Section 63-1-229.7
Retention of unexpended appropriated funds
Status: in_force

Any funds appropriated for qualified tobacco use prevention or

cessation programs not expended in any fiscal year shall be retained

in the Tobacco Use Reduction Fund and available for qualified

tobacco use prevention or cessation programs in any following year.

Oklahoma Statutes - Title 63. Public Health and Safety Page 131
Okla. Stat. tit. 63, § 63-1-1704 — OK Code / Title 63 / Section 63-1-1704
Status of employees under Merit System not changed
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 652

This act, or the repeal of any law by this act, shall not change

or affect the status, rights, and privileges accrued to employees of

the State Commissioner of Health under the State Merit System of

Personnel Administration when this act becomes effective. For the

purposes of 74 O.S.1961, Sections 801 - 839, the position of State

Commissioner of Health established by 63 O.S.1961, Sec. 1.2 and the

position of State Commissioner of Health provided for by this Code

shall be deemed to be a single continuing agency of the state

government, and persons employed by the former Commissioner and

continuing as employees of the latter Commissioner shall be entitled

to the same status, rights, and privileges under such statutes that

they would have had if the former position had remained in

existence.
Okla. Stat. tit. 63, § 63-1-1801 — OK Code / Title 63 / Section 63-1-1801
Renumbered as § 2-5-101 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-6501 — OK Code / Title 63 / Section 63-6501
Safe disposal of contaminated waste – Powers of public
Status: in_force

health authority.

A. The public health authority may exercise, for such period as

the state of catastrophic health emergency exists, the following

powers regarding the safe disposal of contaminated waste:

1. To adopt and enforce measures to provide for the safe

disposal of contaminated waste as may be reasonable and necessary to

respond to the catastrophic health emergency. Such measures may

include, but are not limited to, the collection, storage, handling,

destruction, treatment, transportation, and disposal of contaminated

waste; and

2. To require any business or facility authorized to collect,

store, handle, destroy, treat, transport, and dispose of

contaminated waste under the laws of this state, and any landfill

business or other such property, to accept contaminated waste, or

provide services or the use of the business, facility, or property

if such action is reasonable and necessary to respond to the

catastrophic health emergency as a condition of licensure,

authorization, or the ability to continue doing business in the

state as such a business or facility. The use of the business,

facility, or property may include transferring the management and

supervision of such business, facility, or property to the public

Oklahoma Statutes - Title 63. Public Health and Safety Page 1773

health authority for a period of time, which shall not exceed the

termination of the declaration of a state of catastrophic health

emergency.

B. All bags, boxes, or other containers for contaminated waste

shall be clearly identified as containing contaminated waste and, if

known, the type of contaminated waste.
Okla. Stat. tit. 63, § 63-1-1939 — OK Code / Title 63 / Section 63-1-1939
Liability to residents - Injunctive and declaratory
Status: in_force

relief - Damages - Waiver of rights - Jury trial - Retaliation

against residents - Immunity - Report of abuse or neglect and other

serious incidents.

A. The owner and licensee are liable to a resident for any

intentional or negligent act or omission of their agents or

employees which injures the resident. In addition, any state

employee that aids, abets, assists, or conspires with an owner or

licensee to perform an act that causes injury to a resident shall be

individually liable.

B. A resident may maintain an action under the Nursing Home

Care Act for any other type of relief, including injunctive and

declaratory relief, permitted by law.

C. Any damages recoverable under this section, including

minimum damages as provided by this section, may be recovered in any

action which a court may authorize to be brought as a class action.

The remedies provided in this section, are in addition to and

cumulative with any other legal remedies available to a resident.

Oklahoma Statutes - Title 63. Public Health and Safety Page 729

Exhaustion of any available administrative remedies shall not be

required prior to commencement of suit hereunder.

D. Any waiver by a resident or the legal representative of the

resident of the right to commence an action under this section,

whether oral or in writing, shall be null and void, and without

legal force or effect.

E. Any party to an action brought under this section shall be

entitled to a trial by jury and any waiver of the right to a trial

by a jury, whether oral or in writing, prior to the commencement of

an action, shall be null and void, and without legal force or

effect.

F. A licensee or its agents or employees shall not transfer,

discharge, evict, harass, dismiss or retaliate against a resident, a

resident's guardian or an employee or agent who makes a report,

brings, or testifies in, an action under this section, or files a

complaint because of a report, testimony or complaint.

G. Any person, institution or agency, under the Nursing Home

Care Act, participating in good faith in the making of a report, or

in the investigation of such a report shall not be deemed to have

violated any privileged communication and shall have immunity from

any liability, civil or criminal, or any other proceedings, civil or

criminal, as a consequence of making such report. The good faith of

any persons required, or permitted to report cases of suspected

resident abuse or neglect under this act shall be presumed.

H. A facility employee or agent who becomes aware of abuse,

neglect or exploitation of a resident prohibited by the Nursing Home

Care Act shall immediately report the matter to the facility

administrator. A facility administrator who becomes aware of abuse,

neglect, or exploitation of a resident shall immediately act to

rectify the problem and shall make a report of the incident and its

correction to the Department.

I. 1. The facility shall be responsible for reporting the

following serious incidents to the Department within twenty-fourJury trial - Retaliation against residents - Immunity - Report of abuse or neglect and other seriousdiately report the matter to the facility

administrator. A facility administrator who becomes aware of abuse,

neglect, or exploitation of a resident shall immediately act to

rectify the problem and shall make a report of the incident and its

correction to the Department.

I. 1. The facility shall be responsible for reporting the

following serious incidents to the Department within twenty-four

(24) hours:

a. communicable diseases,

b. deaths by unusual occurrence, including accidental

deaths or deaths other than by natural causes, and

deaths that may be attributed to a medical device,

c. missing residents. In addition, the facility shall

make a report to local law enforcement agencies within

two (2) hours if the resident is still missing,

d. situations arising where a rape or a criminal act is

suspected. Such situations shall also be reported to

local law enforcement immediately. The facility shall

make every effort to preserve the scene of the

suspected rape or crime until local law enforcement

has arrived, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 730

e. resident abuse, neglect and misappropriation of the

property of a resident.

2. All other incident reports shall be made in accordance with

federal law.

3. All initial written reports of incidents or situations shall

be mailed to the Department within five (5) working days after the

incident or situation. The final report shall be filed with the

Department when the full investigation is complete.
Okla. Stat. tit. 63, § 63-2200.1A — OK Code / Title 63 / Section 63-2200.1A
Short title
Status: in_force

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

Uniform Anatomical Gift Act”.
Okla. Stat. tit. 63, § 63-427.14c — OK Code / Title 63 / Section 63-427.14c
Transfer of business — Written approval of application
Status: in_force

required.

A. After the effective date of this act, no medical marijuana

business shall be transferred without written approval of an

application by the Oklahoma Medical Marijuana Authority.

B. A licensee intending to transfer ownership of a medical

marijuana business shall submit an application to the Authority.

Upon approval by the Authority, the applicant shall submit all

necessary documentation to the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control (OBNDD) consistent with an application

for a registration pursuant to the Uniform Controlled Dangerous

Substances Act and rules promulgated by OBNDD, including the

approved application issued by the Authority. The medical marijuana

business license and the OBNDD registration of the original owner

shall terminate fifteen (15) business days after issuance of the new

OBNDD registration. Upon approval of the new registration by OBNDD,

the prior owner and new owner shall effectuate the transfer of

medical marijuana products utilizing the state authorized seed-to-

sale tracking system within fifteen (15) business days.

C. Nothing in this section shall prevent the Authority from

denying an application, or the OBNDD from denying an application, to

register pursuant to the laws and rules of this state. Application

or registration denial shall not affect the existing licensee and

registrant. The existing licensee and registrant shall be required

to submit timely and sufficient renewal applications for the

business to continue to operate during the pendency of any business

transfer.

D. Nothing in this section shall authorize any new owner to

take possession of medical marijuana, medical marijuana concentrate,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1165

or medical marijuana product or exercise control over any activities

involving the medical marijuana business unless and until the

application has been approved by the Authority and the new ownership

is registered with OBNDD.

E. Nothing in this section shall prohibit the prospective new

owners from being employed by the current owner during the transfer

process so long as the prospective new owner holds all proper

employee credentials in accordance with Section 427.14b of Title 63

of the Oklahoma Statutes.

F. The new medical marijuana business owner shall provide the

Authority with a detailed inventory of any and all items enumerated

in the Oklahoma Medical Marijuana and Patient Protection Act

including, but not limited to, all seeds, plant tissue, clones,

plants, usable medical marijuana or trim, leaves, and other plant

matter, batches of extract, medical marijuana, medical marijuana

concentrate, and medical marijuana products upon taking control of

the business.

G. Any attempt to transfer a medical marijuana business,

medical marijuana, medical marijuana concentrate, or medical

marijuana products of a medical marijuana business without approval

from the Authority shall be grounds for revocation or nonrenewal of

the license and denial, revocation, or nonrenewal of current or

future licenses or license applications with ownership held by any

such person involved in the unlawful transfer.

H. The application fee shall be the annual license or

application fee established under Section 427.14 of Title 63 of the

Oklahoma Statutes for medical marijuana business license types.

I. Any medical marijuana business with a pending application to

transfer a business license on the effective date of this act shall

have thirty (30) days from the effective date of this act to submit

a new application pursuant to this section. The Authority shall

refund the application fee to any applicant with a pending

application to transfer upon receipt of the new application.

J. The Authority shall promulgate rules necessary for the

approval and denial of transfers of medical marijuana businesses.
Okla. Stat. tit. 63, § 63-3242 — OK Code / Title 63 / Section 63-3242
Supplemental Medicaid reimbursement for ground emergency
Status: in_force

transportation.

A. An eligible provider, as described in subsection B of this

section, in addition to the rate of payment that the provider would

otherwise receive for Medicaid ground emergency medical

transportation services, shall receive supplemental Medicaid

reimbursement to the extent provided by law.

B. A provider shall be eligible for supplemental reimbursement

only if the provider meets the following conditions during the state

fiscal year:

1. Provides ground emergency medical transportation services to

Medicaid beneficiaries;

2. Is a provider that is enrolled as a Medicaid provider for

the period being claimed; and

3. Is owned or operated by the state, a political subdivision

or local government, that employs or contracts with persons who are

Oklahoma Statutes - Title 63. Public Health and Safety Page 1559

licensed to provide emergency medical services in this state, and

includes private entities to the extent permissible under federal

law.

C. An eligible provider’s supplemental reimbursement pursuant

to this section shall be calculated and paid as follows:

1. a. for services reimbursed through fee-for-service

contracts, the amount of federal financial

participation received because of the claims submitted

pursuant to paragraph 3 of subsection F of this

section, and

b. for services reimbursed through capitated contracts,

an amount to be determined in accordance with the

approved directed payment pre-print, based on claims

submitted pursuant to paragraph 3 of subsection F of

this section;

2. In no instance shall the amount certified pursuant to

paragraph 1 of subsection E of this section, when combined with the

amount received from all other sources of reimbursement from the

Medicaid program, exceed one hundred percent (100%) of actual costs,

as determined pursuant to the Medicaid state plan, for ground

emergency medical transportation services; and

3. The supplemental Medicaid reimbursement provided by this

section shall be distributed exclusively to eligible providers under

a payment methodology based on ground emergency medical

transportation services provided to Medicaid beneficiaries by

eligible providers on a per-transport basis or other federally

permissible basis. The Oklahoma Health Care Authority shall obtain

approval from the Centers for Medicare and Medicaid Services for the

payment methodology to be utilized, and shall not make any payment

pursuant to this section prior to obtaining that approval.

D. 1. It is the Legislature’s intent in enacting this section

to provide the supplemental reimbursement described in this section

without any expenditure from the state General Revenue Fund. An

eligible provider, as a condition of receiving supplemental

reimbursement pursuant to this section, shall enter into, and

maintain, an agreement with the Authority for the purposes of

implementing this section and reimbursing the state for the costs of

administering this section.

2. The nonfederal share of the supplemental reimbursement

submitted to the federal Centers for Medicare and Medicaid Services

for purposes of claiming federal financial participation shall be

paid only with funds from the governmental entities described in

paragraph 3 of subsection B of this section and certified to the

state as provided in subsection E of this section.

E. Participation in the reimbursement program provided by this

section by an eligible provider as set forth in subsection B of this

section is voluntary. If an applicable governmental entity elects

Oklahoma Statutes - Title 63. Public Health and Safety Page 1560

to seek supplemental reimbursement pursuant to this section on

behalf of an eligible provider, the governmental entity shall do the

following:

1. a. certify, in conformity with the requirements of 42

C.F.R., Section 433.51, that the claimed expenditures

for the ground emergency medical transportation

services are eligible for federal financial

participation,

b. provide evidence supporting the certification as

specified by the Oklahoma Health Care Authority,

c. submit data as specified by the Authority to determine

the appropriate amounts to claim as expenditures

qualifying for federal financial participation, and

d. keep, maintain, and have readily retrievable any

records specified by the Authority to fully disclose

reimbursement amounts to which the eligible provider

is entitled, and any other records required by the

Centers for Medicare and Medicaid Services; or

2. Enter into and maintain an intergovernmental agreement with

the Authority, as specified by the Authority.

F. 1. The Authority shall promptly seek any necessary federal

approvals for the implementation of this section. The Authority may

limit the program to those costs that are allowable expenditures

under Title XIX of the Social Security Act, 42 U.S.C., Section 1396

et seq. If federal approval is not obtained for implementation of

this section, this section shall not be implemented.

2. The Authority shall submit claims for federal financial

participation for the expenditures for the services delineated in

subsection E of this section that are allowable expenditures under

federal law.

3. The Authority shall submit any necessary materials to the

federal government to provide assurances that claims for federal

financial participation will include only those expenditures that

are allowable under federal law.
Okla. Stat. tit. 63, § 63-427.12 — OK Code / Title 63 / Section 63-427.12
Restrictions on growing medical marijuana
Status: in_force

A. All medical marijuana grown by medical marijuana patient

license holders or caregivers may only be grown on real property

owned by the patient license holder or on real property for which

the patient license holder has the property owner's written

permission to grow marijuana on the property.

B. All medical marijuana plants grown by a patient or caregiver

shall be grown so that the marijuana is not accessible to a member

of the general public. No marijuana plants shall be visible from

any street adjacent to the property. For purposes of this section,

"visible" means viewable by a normal person with 20/20 eyesight

without the use of any device to assist in improving viewing

distance or vantage point.

C. It is expressly prohibited to operate extraction equipment

or utilize extraction processes if the equipment or process utilizes

butane, propane, carbon dioxide or any potentially hazardous

material in a residential property.
Okla. Stat. tit. 63, § 63-1-738.5a — OK Code / Title 63 / Section 63-1-738.5a
Severability
Status: in_force

If some or all of the newly amended provisions of 63 O.S. 2011,

Section 1-738.2, 63 O.S. 2011, Section 1-738.3; 63 O.S. 2011,

Section 1-738.3a; 63 O.S. 2011, Section 1-738.8; 63 O.S. 2011,

Section 1-738.13; 63 O.S. 2011, Section 1-738m, as amended by

Section 2, Chapter 303, O.S.L. 2013 (63 O.S. Supp. 2014, Section 1-

738m); Section 2, Chapter 175, O.S.L. 2014 (63 O.S. Supp. 2014,

Section 1-746.2); or Section 6, Chapter 175, O.S.L. 2013 (63 O.S.

Supp. 2014, Section 1-746.6), resulting from the actions taken by

the 2015 session of the Oklahoma legislature are ever temporarily or

permanently restrained or enjoined by judicial order, these sections

shall be enforced as though such restrained or enjoined provisions

had not been adopted; provided, however, that whenever such

temporary or permanent restraining order or injunction is stayed or

dissolved, or otherwise ceases to have effect, such provisions shall

have full force and effect.
Okla. Stat. tit. 63, § 63-1-1914.6 — OK Code / Title 63 / Section 63-1-1914.6
Informal dispute resolution - Impartial decision
Status: in_force

maker.

A. Upon receipt of a request for an informal dispute resolution

from a facility, the State Department of Health shall assign the

matter to an impartial decision maker.

B. The impartial decision maker shall:

1. Schedule a time and date for a meeting; and

2. Inform the parties of the time and date of the informal

dispute resolution.

C. If the request for an informal dispute resolution includes a

request by the facility for a meeting at which the facility may

appear before the impartial decision maker, the impartial decision

maker shall:

1. Arrange for facilities appropriate for conducting the

meeting; and

2. Inform the parties of the location of the meeting.

D. Each party shall submit to the impartial decision maker all

documentary evidence that the party believes has a bearing on or

relevance to the deficiencies in dispute by the date specified by

the impartial decision maker.

E. 1. If the request for an informal dispute resolution does

not include a request by the facility for a meeting at which the

facility may appear before the impartial decision maker, or upon

agreement of the facility and the Department, the impartial decision

maker may conduct the meeting by telephone conference call or by a

review of documentary evidence submitted by the parties.

2. a. If the informal dispute resolution is conducted by

record review, the impartial decision maker may

request, and the facility shall provide, a written

statement setting forth the facility’s position on

accepting, rejecting, or modifying each deficiency in

dispute.

Oklahoma Statutes - Title 63. Public Health and Safety Page 690

b. The written statement shall specify the documentary

evidence that supports the position of the facility

for each deficiency in dispute.

c. The facility shall provide its written statement to

the impartial decision maker and the Department.

d. The Department shall then provide its written

statement in rebuttal to the impartial decision maker

and the facility.
Okla. Stat. tit. 63, § 63-2209.1 — OK Code / Title 63 / Section 63-2209.1
Permits - Rules
Status: in_force

A. On or after November 1, 1999, no person, corporation,

partnership, association or other legal entity shall establish,

operate or maintain a tissue bank that procures bone, skin, or

connective tissue unless that entity has been issued a permit by the

State Department of Health.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1377

B. The State Board of Health shall promulgate rules necessary

to implement the provisions of this section which shall include, but

not be limited to:

1. Requirements for the tissue banks to submit an initial

permit application that identifies the proposed service area, the

tissue transplantation patient needs in the service area, the

probable impact of the establishment and operation of the entity on

other tissue banks currently servicing the area, and whether the

tissue bank is a for profit or not for profit entity;

2. A requirement that tissue banks, within one (1) year after

receipt of a permit, be accredited by the American Association of

Tissue Banks or another nationally recognized accreditation

organization for tissue agencies;

3. Provisions that all tissue banks employ a procurement

technician or other technical operations personnel certified as a

Certified Tissue Bank Specialist by the American Association of

Tissue Banks or another nationally recognized accreditation or

certification organization for tissue agencies and personnel;

4. A requirement that each tissue bank maintain compliance with

federal Food and Drug Administration regulations;

5. A provision that each tissue bank have a medical director

who is a physician licensed to practice medicine in this state;

6. Requirements for tissue banks to give priority in tissue

distribution to the Oklahoma medical community and Oklahoma

patients; and

7. A requirement that each tissue bank submit an annual report

to the Department which shall provide the accreditation status of

the entity, report of regulatory or internal inspections that affect

quality, the certification status of personnel employed by the

tissue agency, identity and qualification of the current medical

director, type and geographic origins of donor tissue obtained, and

units of processed tissue used for patients in the service area of

the tissue bank.

C. A permit application or renewal thereof, shall be

accompanied by a non-refundable fee established by the Board of

Health not to exceed One Thousand Dollars ($1,000.00).

D. Upon receipt of a complete initial permit application, the

Department shall cause a public notice of the proposed tissue bank

to be published in a newspaper with the greatest circulation. The

Department shall also provide written notice of the permit

application to existing tissue banks in the state. Any person or

organization may submit written comments regarding the proposed

tissue bank to the Department.

E. The Department shall issue or deny an initial permit within

seventy-five (75) days after publication of the notice. All permits

shall be issued for a period not to exceed thirty-six (36) months

and shall automatically expire unless renewed.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1378

F. The Department may deny, revoke, suspend or not renew a

permit for failure of a tissue bank to comply with the provisions of

this section or rules promulgated pursuant thereto. Any tissue bank

that has been determined by the Department to have violated any

provision of this section or rule promulgated pursuant thereto, is

liable for an administrative penalty of no more than One Hundred

Dollars ($100.00) for each day on which a violation occurs or

continues. The maximum administrative penalty shall not exceed Ten

Thousand Dollars ($10,000.00) for any related series of violations.

G. The issuance, denial, suspension, non-renewal or revocation

of a permit may be appealed under the provisions of Article II of

the Administrative Procedures Act, Section 308a of Title 75 of the

Oklahoma Statutes.

H. The Department may bring an action in a court of competent

jurisdiction for equitable relief to redress or restrain any entity

from providing tissue bank services without a valid permit. Said

court shall have jurisdiction to determine said action, and to grant

the necessary appropriate relief, including but not limited to,

mandatory or prohibitive injunctive relief or interim equitable

relief.
Okla. Stat. tit. 63, § 63-1-105b — OK Code / Title 63 / Section 63-1-105b
Soliciting residents for nursing care facilities
Status: in_force

Any employee of the State Department of Health who willfully or

knowingly accepts anything of value from any person, firm,

association, partnership or corporation for securing or soliciting

residents for any facility subject to the Nursing Home Care Act, the

Residential Care Act, the Continuum of Care and Assisted Living Act,

or any other long-term care facility licensed by the Department,

upon conviction thereof, shall be guilty of a felony.
Okla. Stat. tit. 63, § 63-1-229.5 — OK Code / Title 63 / Section 63-1-229.5
Review and recommendation of State Plan for Tobacco
Status: in_force

Use Prevention and Cessation – Invitations to bid for program

contract proposals – Evaluations – Youth Tobacco Survey.

A. On or before January 1, 2002, the Department, giving

consideration to the recommendations of the Advancement of Wellness

Advisory Council created in Section 44 of this act, shall review and

recommend a State Plan for Tobacco Use Prevention and Cessation that

is in compliance with nationally recognized guidelines or scientific

evidence of effectiveness. On or before January 1 of each year, the

State Department of Health may propose amendments to the plan. The

Department shall submit its proposed State Plan or any proposed

amendments thereto to the Governor, the Speaker of the House of

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

Attorney General. The Governor, members of the Legislature, and the

Attorney General may submit comments to the Department on its

proposed amendments to the State Plan on or before March 1 of each

year. On or before May 1 of each year, the Department shall make

such amended State Plan public.

B. The State Plan shall set out the criteria by which

Invitations To Bid and applications for contract proposals are

considered. Such plan shall also describe the types of tobacco use

prevention or cessation programs that shall be eligible for

consideration for contracts from the Fund utilizing only those

programs that are in compliance with nationally recognized

guidelines, or scientific evidence of effectiveness. Such eligible

programs shall include, but not be limited to:

1. Media campaigns directed to youth to prevent underage

tobacco use;

2. School-based education programs to prevent youth tobacco

use;

3. Community-based youth programs involving tobacco use

prevention through general youth development;

4. Enforcement and administration of the Prevention of Youth

Access to Tobacco Act, and related retailer education and compliance

efforts;

5. Cessation programs for youth; and

6. Prevention or cessation programs for adults.

C. The State Plan shall provide that no less than seventy

percent (70%) of the dollar value of the contracts awarded in each

year shall be dedicated to programs described in paragraphs 1

through 5 of subsection B of this section.

D. The State Plan shall provide for the evaluation of all

funded programs to determine their overall effectiveness in

Oklahoma Statutes - Title 63. Public Health and Safety Page 129

preventing or reducing tobacco use according to the program's stated

goals.

An annual evaluation shall be provided by an independent

contractor to determine the effectiveness of the programs by

measuring the following:

1. Tobacco consumption;

2. Smoking rates among the population targeted by the programs;

and

3. The specific effectiveness of any other program funded.

Such evaluation shall also be compared with initial baseline

data collected prior to the creation of this act, and data from

previous years if it is a multiyear program.

E. The State Plan further shall provide for administration of

the Oklahoma Youth Tobacco Survey to measure tobacco use and

behaviors towards tobacco use by individuals in grades six through

twelve. Such survey shall:

1. Involve a statistically valid sample of the individuals in

each of grades six through twelve;

2. Be made available to the public, along with the resulting

data, excluding respondent identities and respondent-identifiable

data, within sixty (60) days of completion of the survey; and

3. Be compared with data from previous years, including initial

baseline data collected prior to the creation of this act.Oklahoma Statutes - Title 63. Public Health and Safety Page 2
Okla. Stat. tit. 63, § 63-426 — OK Code / Title 63 / Section 63-426
Tax on retail medical marijuana
Status: in_force

A. The tax on retail medical marijuana sales shall be

established at seven percent (7%) of the gross amount received by

the seller.

B. This tax shall be collected at the point of sale. Except as

provided for in subsection D, tax proceeds shall be deposited into

the Medical Marijuana Tax Fund created in Section 3 of this act.

C. Pursuant to Section 255.2 of Title 68 of the Oklahoma

Statutes, the Oklahoma Tax Commission shall have authority to

assess, collect and enforce the tax specified in subsection A of

this section including any interest and penalty thereon.

D. For fiscal year 2022, proceeds from the levy authorized by

subsection A of this section shall be apportioned as follows:

1. The first Sixty-five Million Dollars ($65,000,000.00) shall

be apportioned as follows:

a. fifty-nine and twenty-three hundredths percent

(59.23%) to the State Public Common School Building

Equalization Fund,

b. thirty-four and sixty-two hundredths percent (34.62%)

to the Oklahoma Medical Marijuana Authority, a

division within the State Department of Health, and

c. six and fifteen hundredths percent (6.15%) to the

State Department of Health and earmarked for drug and

alcohol rehabilitation; and

2. Any surplus collections shall be apportioned to the General

Revenue Fund of the State Treasury.

E. If any medical marijuana business licensee intentionally

does not remit the taxes as required by the provisions of this

section or the provisions of Section 1354 of Title 68 of the

Oklahoma Statutes, the Authority shall permanently revoke the

medical marijuana business license of the business licensee and the

business licensee shall be permanently ineligible to receive any

other type of medical marijuana business license issued by the

Authority, including licenses for a dispensary, commercial grower

operation, processing facility, transporter, research, education

facility, and waste disposal facility.

Added by Section 7, State Question No. 788, Initiative Petition No.

412, adopted at election held June 26, 2018, eff. July 26, 2018.
Okla. Stat. tit. 63, § 63-1-1530 — OK Code / Title 63 / Section 63-1-1530
Development of strategies to prevent tobacco and vapor
Status: in_force

product use by persons under 21.

The State Department of Health and the Department of Mental

Health and Substance Abuse Services shall work together to develop

new and innovative strategies to prevent tobacco use, nicotine use

Oklahoma Statutes - Title 63. Public Health and Safety Page 640

or use of vapor products by persons under the age of twenty-one

(21).
Okla. Stat. tit. 63, § 63-128.1 — OK Code / Title 63 / Section 63-128.1
Transporting vehicles to be labeled
Status: in_force

Except as otherwise regulated by federal law, every vehicle

carrying or transporting nitroglycerine in this state shall have

conspicuously marked thereon in letters not less than six (6) inches

in height on each side and the rear of such vehicle, the words

"Nitroglycerine - Dangerous."

R.L. 1910, § 6972. Amended by Laws 1995, c. 344, § 20, eff. Nov. 1,

1995. Renumbered from § 124 of this title by Laws 1995, c. 344, §

34, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-3204 — OK Code / Title 63 / Section 63-3204
University Hospitals - Transfer of jurisdiction,
Status: in_force

supervision, management and control.

A. Until July 1, 1993, the University Hospitals shall be under

the jurisdiction, supervision, management and control of the

Department of Human Services.

B. Effective July 1, 1993, the University Hospitals are hereby

transferred from the Department of Human Services to the University

Hospitals Authority.

C. The transfer shall include:

1. All powers, duties, responsibilities, properties, assets,

fund balances, encumbrances, obligations, records, personnel and

liabilities including, but not limited to, liability for all

University Hospital employees’ sick leave, annual leave, holidays,

unemployment benefits and workers’ compensation benefits accruing to

employees prior to July 1, 1993, which are attributable to the

University Hospitals; provided, however, that any claims arising

under the Governmental Tort Claims Act and filed prior to July 1,

1993, and from any other actions filed prior to July 1, 1993, shall

remain the responsibility of the Department of Human Services. All

claims arising prior to July 1, 1993 and for which no action has

been filed shall be paid by the Risk Management Program;

2. Oklahoma Children’s Hospital and all buildings and

appurtenances located on land which is described as follows: Blocks

B, 3, 4, 12 and 13, and the North 30 feet of Block 14; and Lots 6

through 15, Block 21, CULBERTSON HEIGHTS ADDITION less and except

the West 7 feet of Lot 5 and all of Lots 6 through 19, and the East

5 feet of Lot 20 and the North 59.5 feet of Lots 21 through 26, and

the North 59.5 feet of the West 49.5 feet of Lot 27, all in Block

13, CULBERTSON HEIGHTS ADDITION to the City of Oklahoma City,

Oklahoma, and also less and except the West 106 feet of the vacated

Northeast 12th Street abutting said Block 13; and a part of Block

20, CULBERTSON HEIGHTS ADDITION and a part of the alleys adjacent

thereto, and a part of the SW 1/4, Section 26, T12N, R3W, I.M., and

a part of the SE 1/4, Sec. 27, T12N, R3W, I.M., Oklahoma County,

Oklahoma, and a part of vacated Kelley Avenue adjacent thereto, more

particularly described as follows: Commencing at the NE corner of

Block 20, CULBERTSON HEIGHTS ADDITION, Oklahoma City, Oklahoma,

thence S. 0 degrees 03’ 34” E. and along the East line of said Block

Oklahoma Statutes - Title 63. Public Health and Safety Page 1518

20 and along the West Right-of-Way line of Stonewall Avenue a

distance of 10 ft. to the point or place of beginning; thence

continuing S. 0 degrees 03’ 34” E. and along the East line of said

Block 20 and along the West Right-of-Way line of Stonewall Avenue a

distance of 341.27 ft., thence N. 89 degrees 54’ 35” W. a distance

of 520.10 ft., thence N. 0 degrees 11’ 08” E. a distance of 18.0

ft.; thence N. 89 degrees 48’ 52” W. a distance of 12.0 ft.; thence

N. 0 degrees 11’ 08” E. a distance of 6 ft.; thence N. 89 degrees

48’ 52” W. a distance of 21.5 ft., thence N. 0 degrees 11’ 08” E. a

distance of 22.5 ft., thence N. 89 degrees 48’ 52” W. a distance of

286.5 ft., thence N. 89 degrees 48’ 52” W. a distance of 27.00 feet;

thence N. 0 degrees 12’ 03” E. a distance of 72.50 feet; thence N.

89 degrees 48’ 51” W. a distance of 25.65 feet; thence N. 23 degrees

29’ 12” W. a distance of 250.50 feet to a point on the South Right-

of-Way line of N.E. 13th Street; thence S. 89 degrees 48’ 51” E. and

along the South Right-of-Way line of N.E. 13th Street a distance of

649.76 feet; to a point in the East line of said SE 1/4 of Section

27, T12N, R3W, thence S. 0 degrees 06’ 23” W. along the East line of

said Section 27, a distance of 10.0 ft., thence N. 89 degrees 33’

42” E. and parallel to and 10 ft., South of the North line of said

Block 20 of said CULBERTSON HEIGHTS ADDITION a distance of 342.10

ft. to the point or place of beginning; and

3. a. University Hospital and all buildings and

appurtenances located on land which is described as

follows: A part of the South Half of the Southeast

Quarter of Section 27, T12N, R3W of the Indian

Meridian AND a part of the North Half of the Northeast

Quarter of Section 34, T12N, R3W, of the Indian

Meridian, all in Oklahoma County, Oklahoma, more

particularly described as follows: Beginning at the

Southwest corner of Block 13, HOWE’S CAPITOL ADDITION;

thence N. 0 degrees 10’ 36” E. along the East line of

Phillips Avenue a distance of 674.64 feet to a point

on the South line of Northeast 13th Street; thence S.

89 degrees 48’ 51” E. along the South line of said

Northeast 13th Street a distance of 620.30 feet;

thence S. 23 degrees 29’ 12” E. a distance of 250.50

feet; thence S. 89 degrees 48’ 51” E. a distance of

25.65 feet; thence S. 0 degrees 12’ 03” W. a distance

of 72.50 feet; thence S. 89 degrees 48’ 51” E. a

distance of 27.00 feet; thence S. 00 degrees 12’ 03”

W. a distance of 443.57 feet; thence S. 89 degrees 43’

03” E. a distance of 32.95 feet; thence S. 00 degrees

14’ 28” W. along the East line of a retaining wall a

distance of 733.66 feet to a point on the South line

of Block 1 of OAK PARK ADDITION; thence S. 89 degrees

52’ 55” W. along the South line of Blocks 1 and 7 of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1519

OAK PARK ADDITION a distance of 810.11 feet to the

Southwest corner of said Block 7; thence N. 00 degrees

10’ 36” E. along the West line of said Block 7, OAK

PARK ADDITION a distance of 213.87 feet; thence N. 89

degrees 49’ 24” W. a distance of 3.40 feet; thence N.

00 degrees 10’ 36” E. along the West line of Block 24,

HOWE’S CAPITOL ADDITION a distance of 190.00 feet;

thence S. 89 degrees 49’ 24” E. a distance of 8.10

feet; thence N. 00 degrees 10’ 36” E. along the West

line of Block 18, HOWE’S CAPITOL ADDITION a distance

of 405.00 feet to the Point of Beginning and

containing 1,146,572 Square Feet or 26.32 Acres more

or less, and

b. All of Blocks 1 and 2 of Culbertson Heights Addition,

and all of Block 3 and Lots 3 through 20 and the North

50 feet of Lots 21 through 38 of Block 12, Oak Park

Addition to the City of Oklahoma City, Oklahoma

including the encompassed and abutting portions of the

vacated Northeast 11th Street, Park Place and

Northeast 10th Street, and the abutting portion of

Everest Avenue and the alley way in Block 12 of the

said Oak Park Addition.

D. The Department of Human Services shall retain the Service

Center Building and land located on: The South 100 feet of Block 12

and all of Block 17, Oak Park Addition to the City of Oklahoma City,

Oklahoma including the encompassed or abutting portions of vacated

Everest Avenue and Northeast 9th Street. (219,300 sq. ft., 5.03

acres).

E. Appropriate conveyances shall be executed to effectuate the

transfers specified by subsections B, C and D of this section.
Okla. Stat. tit. 63, § 63-1-1702 — OK Code / Title 63 / Section 63-1-1702
Renewal of license or permit - Grace period - Renewal
Status: in_force

fee - Penalty fee - Prohibited renewal.

The holder of any renewable license or permit issued under the

provisions of this Code shall be entitled to thirty (30) days after

the expiration date thereof in which to renew the same, without

penalty; and if he fails to pay the renewal fee within such thirty-

day period, he shall, unless otherwise provided in this Code, be

required to pay the renewal fee plus a penalty fee in an amount as

promulgated by the State Board of Health by rule. Such penalty fee

shall not exceed the amount of the renewal fee. In the case of any

renewal fee which shall exceed Ten Thousand Dollars ($10,000.00),

the penalty fee shall be one and one-half percent (1.5%) per month

of the outstanding balance of the renewal fee. The Board may

promulgate rules which prohibit the renewal of a license or permit

which has expired by more than ninety (90) days.Oklahoma Statutes - Title 63. Public Health and Safety Page 21
Okla. Stat. tit. 63, § 63-684.1 — OK Code / Title 63 / Section 63-684.1
Entry into Emergency Management Compact
Status: in_force

The Emergency Management Compact is hereby entered into by this

state with any and all other states legally joining therein in

accordance with its terms, in the form substantially as follows:
Okla. Stat. tit. 63, § 63-427.5 — OK Code / Title 63 / Section 63-427.5
Oklahoma Medical Marijuana Authority Fund
Status: in_force

There is hereby created in the State Treasury a fund for the

Oklahoma Medical Marijuana Authority to be designated the “Oklahoma

Medical Marijuana Authority Fund”. The fund shall be a continuing

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

all monies received by the Authority from fees and fines collected

pursuant to the Oklahoma Medical Marijuana and Patient Protection

Act. All monies accruing to the credit of the fund shall be

appropriated at the discretion of the Legislature for the purpose of

funding the Oklahoma Medical Marijuana Authority.
Okla. Stat. tit. 63, § 63-1-229.3 — OK Code / Title 63 / Section 63-1-229.3
Tobacco Use Reduction Fund
Status: in_force

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

fund for the State Department of Health to be designated the

"Tobacco Use Reduction Fund". The fund shall be a continuing fund,

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

monies appropriated thereto by the Legislature, any other funds that

may be directed thereto by the Board of Directors of the Tobacco

Settlement Endowment Trust Fund, and all other monies including

gifts, grants and other funds that may be directed thereto. All

monies accruing to the credit of said fund are hereby appropriated

and may be budgeted and expended by the Department for the purpose

of the State Plan for Tobacco Use Prevention and Cessation and for

other purposes specifically authorized by this act. Expenditures

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

Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.

B. The fund shall be administered by the State Department of

Health.

C. Monies from the fund shall not be used to engage in any

political activities or lobbying, including, but not limited to,

support of or opposition to candidates, ballot initiatives,

referenda or other similar activities.
Okla. Stat. tit. 63, § 63-5053.1 — OK Code / Title 63 / Section 63-5053.1
Definitions - Civil penalty for false or fraudulent
Status: in_force

claims.

A. For purposes of this section:

1. "Claim":

a. means any request or demand for money or property,

whether under a contract or otherwise and whether or

not the state has title to the money or property,

that:

(1) is presented to an officer, employee or agent of

the state, or

(2) is made to a contractor, grantee or other

recipient, if the money or property is to be

spent or used on the state's behalf or to advance

a state program or interest, and if this state:

(a) provides or has provided any portion of the

money or property requested or demanded, or

(b) will reimburse such contractor, grantee or

other recipient for any portion of the money

or property which is requested or demanded;

and

b. shall not include requests or demands for money or

property that the government has paid to an individual

as compensation for state employment or as an income

subsidy with no restrictions on the individual's use

of the money or property;

2. "Knowing" and "knowingly" mean that a person, with respect

to information:

a. has actual knowledge of the information,

b. acts in deliberate ignorance of the truth or falsity

of the information, or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1751

c. acts in reckless disregard of the truth or falsity of

the information.

No proof of specific intent to defraud is required;

3. "Material" means having a natural tendency to influence or

be capable of influencing the payment or receipt of money or

property; and

4. "Obligation" means an established duty, whether or not

fixed, arising from an express or implied contractual, grantor-

grantee or licensor-licensee relationship, from a fee-based or

similar relationship, from statute or regulation or from the

retention of any overpayment.

B. Any person who:

1. Knowingly presents, or causes to be presented, a false or

fraudulent claim for payment or approval;

2. Knowingly makes, uses, or causes to be made or used, a false

record or statement material to a false or fraudulent claim;

3. Conspires to commit a violation of the Oklahoma Medicaid

False Claims Act;

4. Has possession, custody, or control of property or money

used, or to be used, by the state and knowingly delivers, or causes

to be delivered, less than all of such money or property;

5. Is authorized to make or deliver a document certifying

receipt of property used or to be used by the state and, intending

to defraud the state, makes or delivers the receipt without

completely knowing that the information on the receipt is true;

6. Knowingly buys or receives as a pledge of an obligation or

debt, public property from an officer or employee of the state who

lawfully may not sell or pledge property; or

7. Knowingly makes, uses or causes to be made or used, a false

record or statement material to an obligation to pay or transmit

money or property to the state, or knowingly conceals or knowingly

and improperly avoids or decreases an obligation to pay or transmit

money or property to the state;

is liable to the State of Oklahoma for a civil penalty consistent

with the civil penalties provision of the Federal False Claims Act,

31 U.S.C. 3729(a), as adjusted by the Federal Civil Penalties

Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law

101-410), and as further amended by the Federal Civil Penalties

Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of

Public Law 114-74), plus three times the amount of damages which the

state sustains because of the act of that person.

C. If the court finds that:

1. The person committing the violation in subsection B of this

section furnished officials of this state responsible for

investigating false claims violations with all information known to

such person about the violation within thirty (30) days after the

date on which the defendant first obtained the information;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1752

2. The person fully cooperated with any state investigation of

the violation; and

3. At the time the person furnished the state with the

information about the violation, no criminal prosecution, civil

action, or administrative action had commenced under this title with

respect to the violation, and the person did not have actual

knowledge of the existence of an investigation into the violation,

the court may assess not less than two times the amount of damages

which the state sustains because of the act of the person.

D. A person violating subsection B of this section shall also

be liable to this state for the costs of a civil action brought to

recover any such penalty or damages.

E. Any information furnished pursuant to subsections A through

D of this section shall be exempt from disclosure under the Oklahoma

Open Records Act.

F. This section does not apply to claims, records or statements

under the Oklahoma Tax Code.
Okla. Stat. tit. 63, § 63-1-744.6 — OK Code / Title 63 / Section 63-1-744.6
Injunction or restraining orders – Enforcement of
Status: in_force

provisions.

If some or all of the provisions of Sections 1-740.2, 1-740.3

and 1-740.4 of Title 63 of the Oklahoma Statutes, as amended by

Sections 2, 3 and 4 of this act, are ever temporarily or permanently

restrained or enjoined by judicial order, these sections shall be

enforced as though such restrained or enjoined provisions had not

been adopted; provided, however, that whenever such temporary or

permanent restraining order or injunction is stayed or dissolved, or

otherwise ceases to have effect, such provisions shall have full

force and effect.

Oklahoma Statutes - Title 63. Public Health and Safety Page 389
Okla. Stat. tit. 63, § 63-5007.1 — OK Code / Title 63 / Section 63-5007.1
Oklahoma Medicaid Accountability and Outcomes Act
Status: in_force

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

Medicaid Accountability and Outcomes Act".

B. 1. Subject to the availability of funds, the Joint

Legislative Oversight Committee for the Oklahoma Health Care

Authority shall enter into a contract for a study of the Oklahoma

Medicaid Program. The contract shall be executed with an

organization having nationally recognized expertise in the area of

health care and health care service delivery.

2. The study shall include the entire Oklahoma Medicaid

Program, including the Medicaid managed care programs and services

delivered pursuant to the Oklahoma Medicaid Program Reform Act of

2003.

3. The purpose of the study shall be to evaluate access to

care, health care outcomes, and the quality and cost of health care

and related services delivered through the Oklahoma Medicaid

Program.

4. A report of the study and findings shall be made to the

Oklahoma Health Care Authority Board, the Governor, and the

appropriate committees of the Oklahoma State Senate and the Oklahoma

House of Representatives.
Okla. Stat. tit. 63, § 63-1-851.2 — OK Code / Title 63 / Section 63-1-851.2
Department - Powers and duties - Participation in
Status: in_force

federal programs - Collection of monthly data.

A. The State Commissioner of Health shall have the power and

duty to:

1. Issue, renew, deny, modify, suspend and revoke certificates

of need;

2. Establish and enforce standards and requirements for

certificates of need;

3. Require the submission of and to review reports from any

person requesting or obtaining a certificate of need;

4. Employ or designate personnel necessary to implement the

provisions of the Long-term Care Certificate of Need Act;

5. Report to the district attorney having jurisdiction or the

Attorney General, any act committed by any person which may

constitute a violation pursuant to the provisions of the Long-term

Care Certificate of Need Act;

6. Advise, consult and cooperate with other agencies of this

state, the federal government, other states and interstate agencies,

and with affected groups and political subdivisions to further the

purposes of the provisions of the Long-term Care Certificate of Need

Act;

7. Promulgate and enforce rules subject to the approval of the

State Board of Health to implement the provisions of the Long-term

Care Certificate of Need Act;

Oklahoma Statutes - Title 63. Public Health and Safety Page 494

8. Investigate, request or otherwise obtain the information

necessary to determine the qualifications and background of an

applicant for a certificate of need;

9. Establish administrative penalties for violations of the

provisions of the Long-term Care Certificate of Need Act as

authorized by the Board;

10. Institute and maintain or intervene in any action or

proceeding where deemed necessary by the Department pursuant to the

Long-term Care Certificate of Need Act;

11. Develop and administer plans for health services including,

but not limited to, staffing, facilities and other resources;

12. Develop and publish, once every four (4) years, a

Quadrennial State Health Plan, following guidelines and procedures

adopted by the Board which specify the method of adoption of the

plan document, its format, provisions for developing and publishing

plan amendments and the role of the State Department of Health,

local health planning advisory councils and the Alcohol, Drug Abuse

and Community Mental Health Planning and Coordination Boards of each

mental health catchment area in its development;

13. Establish and administer criteria and standards for the

delineation and approval of areas and regions for health planning

purposes;

14. Promote and maintain plans for providing health services

including, but not limited to, health, staffing and health

facilities, in this state; and

15. Exercise all incidental powers as necessary and proper for

the administration of the Long-term Care Certificate of Need Act.

B. The State Department of Health shall be the single state

agency to participate in federal programs for health planning and to

apply for and administer federal funds for health planning,

provided, that the Long-term Care Certificate of Need Act, and any

other law vesting planning functions in any other state agency,

shall not apply to health planning functions vested by law in the

Department of Mental Health and Substance Abuse Services, the

Oklahoma Health Care Authority and the Department of Human Services.

C. Facility occupancy data used in the review of Certificate of

Need applications shall be based upon monthly reports that are

submitted by facilities to the Oklahoma Heath Care Authority

pursuant to Section 1-1925.2 of this title and that are available to

the public upon request.
Okla. Stat. tit. 63, § 63-2-106.1 — OK Code / Title 63 / Section 63-2-106.1
Lease of seaplane
Status: in_force

The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control is hereby authorized to lease the seaplane owned by said

Bureau. Said lease shall not be subject to the provisions of

Section 85.5 of Title 74 of the Oklahoma Statutes and shall not have

to be approved by the Office of Management and Enterprise Services.
Okla. Stat. tit. 63, § 63-1-860.11 — OK Code / Title 63 / Section 63-1-860.11
Appeals
Status: in_force

A. 1. Final orders of the Department may be appealed to the

Supreme Court of Oklahoma pursuant to this section and the

Administrative Procedures Act, Section 301 et seq. of Title 75 of

the Oklahoma Statutes, by any party directly affected or aggrieved

by the order.

2. An appeal shall be commenced by filing with the clerk of the

Supreme Court, within thirty (30) days from the date of the order or

decision, a petition in error with a copy of the order or decision

appealed from. The time limit prescribed herein for filing the

petition in error may not be extended. The manner of perfection of

the record of the proceedings to be reviewed and the time for its

completion shall be in accordance with rules prescribed by the

Supreme Court.

3. The appeal shall not stay the execution of any order or

decision of the Department unless the Supreme Court, for cause

shown, shall order that said decision or order be stayed pending

such appeal pursuant to Section 319 of Title 75 of the Oklahoma

Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety Page 520

4. The Court shall give great weight to findings made and

inferences drawn by the Department on questions of fact. The Court

may affirm the decision or remand the case for further proceedings.

Additionally, the Court may reverse or modify the decision if

substantial rights of the appellant have been prejudiced because the

findings, inferences or conclusions are not supported by substantial

evidence in the record.

B. If an appeal pursuant to subsection A of this section is not

made by the person to whom such an order is directed within thirty

(30) days after notice has been sent to the parties, the order of

the Department shall become final and binding on all parties and

shall be docketed with the district court in the county of the

residence of the violator, or the district court in the county in

which the violation occurred. The order shall be enforced in the

same manner as an order of the district court.
Okla. Stat. tit. 63, § 63-1-522.1 — OK Code / Title 63 / Section 63-1-522.1
Expedited partner therapy
Status: in_force

A. “Expedited partner therapy” means to prescribe, administer,

dispense, or otherwise provide antimicrobial drugs to a sexual

partner of a patient clinically diagnosed by a health care provider

as infected with a sexually transmitted infection without a physical

Oklahoma Statutes - Title 63. Public Health and Safety Page 220

examination of such sexual partner, shall not apply to any sexually

transmitted infection that could be chronic or require multiple

treatment courses.

B. 1. Subject to limitations provided by law or rule including

but not limited to laws or rules governing scope of practice,

supervision of health care providers, and delegation of health care

services, a health care provider who clinically diagnosed a patient

with a sexually transmitted infection may provide expedited partner

therapy if, in the professional judgment of the health care

provider, the patient’s sexual partner is unlikely or unable to

present for examination, testing, and treatment.

2. A health care provider who provides expedited partner

therapy shall provide counseling to the patient, including

distributing written materials developed and provided by the State

Department of Health to be given by the patient to the patient’s

sexual partner.

3. A health care provider shall use expedited partner therapy

only for a patient’s sexual partner who may have been exposed to a

sexually transmitted infection and who is able to be contacted and

identified by the patient.

C. 1. No health care provider or pharmacist shall be liable

for civil damages resulting from any act or omission in good-faith

compliance with the provisions of this section, including civil

damages for refusing to provide expedited partner therapy, other

than an act or omission constituting gross negligence or willful or

wanton misconduct.

2. No health care provider or pharmacist shall be subject to

disciplinary action by the provider’s or pharmacist’s licensing

board on the basis of an act or omission in good-faith compliance

with the provisions of this section, other than an act or omission

constituting gross negligence or willful or wanton misconduct.

D. The Department shall include the following information in

written materials developed and provided for distribution as

required by paragraph 2 of subsection B of this section:

1. A warning that a woman who is pregnant or might be pregnant

should not take certain antibiotics and should immediately contact a

health care provider for an examination;

2. Information about the antimicrobial drug and dosage provided

or prescribed, including a warning that a sexual partner who has a

history of allergy to the drug or the pharmaceutical class of drug

should not take the drug and should immediately contact a health

care provider for examination;

3. Information about the treatment and prevention of sexually

transmitted infections;

4. The requirement of sexual abstinence until a period of time

after treatment to prevent infecting other sexual partners;

Oklahoma Statutes - Title 63. Public Health and Safety Page 221

5. Notification of the importance of the sexual partners

receiving examination and testing for human immunodeficiency virus

and other sexually transmitted infections and information about

available resources;

6. Notification of the risk to the patient, the patient’s

sexual partner, and the general public if the sexually transmitted

infection is not completely and successfully treated;

7. The responsibility of the sexual partner to inform the

sexual partner’s own sexual partners of the risk of sexually

transmitted infections and the importance of prompt examination and

treatment by a health care provider; and

8. Such other information deemed necessary by the State

Commissioner of Health.

E. The State Commissioner of Health, the State Board of Medical

Licensure and Supervision, the State Board of Osteopathic Examiners,

the Oklahoma Board of Nursing, and the State Board of Pharmacy may

promulgate rules as necessary to implement this section.
Okla. Stat. tit. 63, § 63-123.2 — OK Code / Title 63 / Section 63-123.2
Permit to manufacture, store, or use explosives or
Status: in_force

blasting agents - Records.

A. Except as otherwise provided by this part, it is a violation

to manufacture, store, or use explosives or blasting agents without

first obtaining a permit from the Department of Mines.

B. Permits issued under this division shall not be

transferable, and shall be readily available for inspection by

representatives of the Department and law enforcement officials.

C. The Department may place such restrictions and limitations

on permits as it deems necessary.

D. The Department may issue one-time or limited-time permits or

permits for continuous blasting operations.

E. 1. Permits for continuous blasting operations issued under

this division shall be valid for the calendar year after the date of

issue unless revoked or suspended. Permits for continuous blasting

operations may be renewed on each issuance date and a showing of

compliance with the Oklahoma Explosives and Blasting Regulation Act

and rules promulgated thereto.

2. Permits for one-time or limited-time permits shall be valid

only for the time specified in the permit.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1069

F. Any person holding a permit issued under this division shall

keep such records as may be required by the Department. Records

shall be maintained for not less than two (2) years following the

year in which the record is made. All such records shall be open to

inspection by the Department or its representatives during normal

business hours.
Okla. Stat. tit. 63, § 63-1-1301.37 — OK Code / Title 63 / Section 63-1-1301.37
License to manufacture
Status: in_force

A. The Department shall issue an annual license authorizing the

manufacture of Mello-drink products. The license shall expire at

the end of each fiscal year.

Oklahoma Statutes - Title 63. Public Health and Safety Page 603

B. Each application for a license shall be in the form as

prescribed by the Department and shall be accompanied by a fee of

Fifteen Dollars ($15.00).

C. The Department shall issue a license to each applicant who

satisfies the requirements of this act and the rules, regulations

and orders adopted pursuant to this act.

D. It is unlawful and a misdemeanor to engage in the

manufacture of Mello-drink products without a license for the

current fiscal year. Each separate plant or place of manufacturing

shall require a license.

E. The manufacture of Mello-drink products under unhealthful or

insanitary conditions or any other violation of this act shall be

grounds for revocation or suspension of the manufacturer's license.

F. It is unlawful and a misdemeanor for any person to sell,

give away or deliver any Mello-drink product which has been produced

in a plant that is in an insanitary condition, or that is handled by

any carrier or any store or depot that is in an insanitary

condition.
Okla. Stat. tit. 63, § 63-2654.3 — OK Code / Title 63 / Section 63-2654.3
Authority of Director
Status: in_force

The Director may:

1. Employ any and all coordination measures necessary to

effectuate the purposes of the Oklahoma Poison Control Act;

2. Engage in any educational program or effort if, in the

judgment of the Director, such activity would effectuate the

purposes of the Oklahoma Poison Control Act;

3. Employ experts and consultants and compensate those

individuals at rates determined by the Director;

4. Engage in programs of experimental or demonstrational

research;

5. Appoint an advisory committee to assist in the development

and review of rules promulgated under the authority of the Oklahoma

Poison Control Act and reimburse the members for their expenses;

6. Accept and administer loans, grants, or other funds and

gifts, conditional or otherwise, from the federal government and any

and all other public or private sources;

7. Formulate, promulgate, adopt, amend, and enforce rules and

regulatory standards necessary to effectuate the Oklahoma Poison

Control Act; and

8. Establish and charge fees for the provision of nonemergency

informational and educational services as well as contract therefor.
Okla. Stat. tit. 63, § 63-7100.2 — OK Code / Title 63 / Section 63-7100.2
Legislative findings - Purpose
Status: in_force

A. The Legislature finds that the exchange of health

information in Oklahoma has been impeded as a result of:

1. Confusion about the proper application of federal and state

privacy and privilege law; and

2. Concern regarding potential liability for violations of such

laws.

B. The purpose of this act is to:

1. Set forth a standard process for authorizing the exchange of

health information in compliance with federal and state law; and

2. Ensure immunization from liability under state law for

exchanges of health information in accordance with the standard

process.
Okla. Stat. tit. 63, § 63-2-414 — OK Code / Title 63 / Section 63-2-414
Short title
Status: in_force

Sections 2-414 through 2-420 of this title shall be known and

may be cited as the "Trafficking in Illegal Drugs Act".
Okla. Stat. tit. 63, § 63-1-1990.1 — OK Code / Title 63 / Section 63-1-1990.1
Silver Alert Act
Status: in_force

This act shall be known and may be cited as the “Silver Alert

Act”.
Okla. Stat. tit. 63, § 63-1-325 — OK Code / Title 63 / Section 63-1-325
Fees for certified copies of records - Noncollectible
Status: in_force

drafts - Enlistees.

The State Board of Health shall prescribe the fees to be paid

for certified copies of certificates or records, or for a search of

the files or records when no copy is made.

The collection of such fees may be accomplished by acceptance of

cash, money orders, credit cards, organization or personal checks;

in the event money orders or checks are proved to be noncollectible,

neither the Board of Health, the Commissioner of Health, nor any of

the employees of the Department of Health will be held responsible

and personally liable; it is further required that no additional

certified copies of records may be delivered to persons on whom

noncollectible drafts remain outstanding.

A search and a verification of birth facts shall be furnished

free of charge to any person volunteering for enlistment into a

branch of the Armed Forces of the United States, upon written

request therefor by an officer of the Armed Forces representing the

interests of such person who shall be volunteering for service.
Okla. Stat. tit. 63, § 63-1-745.6 — OK Code / Title 63 / Section 63-1-745.6
Abortion – Report to State Department of Health –
Status: in_force

Public statistical report – Late fee.

A. Any physician who performs or induces or attempts to perform

or induce an abortion shall report to the State Department of

Health, on a schedule and in accordance with forms and rules and

regulations adopted and promulgated by the State Board of Health

that include:

1. If a determination of probable postfertilization age was

made, the probable postfertilization age determined and the method

and basis of the determination;

2. If a determination of probable postfertilization age was not

made, the basis of the determination that a medical emergency

existed;

3. If the probable postfertilization age was determined to be

twenty (20) or more weeks, the basis of the determination that the

pregnant woman had a condition which so complicated her medical

condition as to necessitate the abortion of her pregnancy to avert

her death or to avert serious risk of substantial and irreversible

physical impairment of a major bodily function, not including

psychological or emotional conditions; and

4. The method used for the abortion and, in the case of an

abortion performed when the probable postfertilization age was

determined to be twenty (20) or more weeks:

a. whether the method used was one that, in reasonable

medical judgment, provided the best opportunity for

the unborn child to survive, or

b. if such a method was not used, the basis of the

determination that termination of the pregnancy in

that manner would pose a greater risk either of the

death of the pregnant woman or of the substantial and

irreversible physical impairment of a major bodily

function, not including psychological or emotional

conditions, of the woman than would other available

methods.

B. By June 30 of each year, the State Department of Health

shall issue a public report providing statistics for the previous

calendar year compiled from all of the reports covering that year

submitted in accordance with this section for each of the items

listed in subsection A of this section. Each such report shall also

provide the statistics for all previous calendar years during which

this section was in effect, adjusted to reflect any additional

information from late or corrected reports. The State Department of

Health shall take care to ensure that none of the information

Oklahoma Statutes - Title 63. Public Health and Safety Page 394

included in the public reports could reasonably lead to the

identification of any pregnant woman upon whom an abortion was

performed or attempted.

C. Any physician who fails to submit a report by the end of

thirty (30) days following the due date shall be subject to a late

fee of Five Hundred Dollars ($500.00) for each additional thirty-day

period or portion of a thirty-day period the report is overdue. Any

physician required to report in accordance with this act who has not

submitted a report, or has submitted only an incomplete report, more

than one (1) year following the due date, may, in an action brought

by the State Department of Health or by the State Board of Medical

Licensure and Supervision, be directed by a court of competent

jurisdiction to submit a complete report within a period stated by

court order or be subject to civil contempt. Knowing or reckless

failure by any physician to conform to any requirement of this

section, other than late filing of a report, constitutes

"unprofessional conduct" pursuant to Section 509 of Title 59 of the

Oklahoma Statutes. Knowing or reckless failure by any physician to

submit a complete report in accordance with a court order

constitutes "unprofessional conduct" pursuant to Section 509 of

Title 59 of the Oklahoma Statutes. Knowing or reckless

falsification of any report required under this section is a

misdemeanor.

D. By February 1, 2012, the State Board of Health shall adopt

and promulgate rules and regulations to assist in compliance with

this section. Subsection A of this section shall take effect so as

to require reports regarding all abortions performed or induced on

and after the first day of the first calendar month following the

effective date of such rules.
Okla. Stat. tit. 63, § 63-1-1301.5 — OK Code / Title 63 / Section 63-1-1301.5
Renumbered as § 7-405 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1-1709 — OK Code / Title 63 / Section 63-1-1709
Information concerning condition and treatment of
Status: in_force

patients - Restrictions - Exemption from liability - Review

committees.

Any authorized person, hospital, sanatorium, nursing home or

rest home, or other organization may provide information,

interviews, reports, statements, memoranda or other data relating to

the condition and treatment of any person to any of the following

Oklahoma Statutes - Title 63. Public Health and Safety Page 658

for use in the course of studies for the purpose of reducing

morbidity or mortality: The State Board of Health; the Oklahoma

State Medical Association, or any committee or allied society

thereof; the American Medical Association, or other national

organization approved by the State Board of Health, or any committee

or allied medical society thereof; any in-hospital staff committee;

or a city-county health department. No liability for damages or

other relief shall arise or be enforced against any authorized

person, institution or organization by reason of having provided

such information or material, or by reason of having released or

published the findings and conclusions of such groups to advance

medical research and medical education, or by reason of having

released or published generally a summary of such studies. The

recipients shall use or publish such information or material only

for the purpose of advancing medical research or medical education

in the interest of reducing morbidity or mortality, except that a

summary of such studies may be released by any such group for

general publication. In all events, the identity of any person

whose condition or treatment has been studied shall be confidential

and shall not be revealed under any circumstances. Any information

furnished shall not contain the name of the person upon whom

information is furnished and shall not violate the confidential

relationship of patient and doctor. All information, interviews,

reports, statements, memoranda, or other data furnished by reason of

this section, and any findings or conclusions resulting from such

studies, are declared to be privileged communications which may not

be used or offered or received in evidence in any legal proceeding

of any kind or character, and any attempt to use or offer any such

information, interviews, reports, statements, memoranda or other

data, findings or conclusions, or any part thereof, unless waived by

the interested parties, shall constitute prejudicial error in any

such proceeding. Physicians and others appointed to hospital

utilization review committees for the purpose of determining the

optimum use of hospital services shall be immune from liability with

respect to decisions made as to such utilization and actions

thereunder so long as such physicians or others act in good faith;

provided, however, that nothing in this section shall be construed

to relieve any patient's personal physician of any liability which

he may have in connection with the treatment of such patient.Fees for licenses issued by the State Board of Health to practice the fitting and dealing of hearing

Oklahoma Statutes - Title 63. Public Health and Safety Page 22
Okla. Stat. tit. 63, § 63-2-305 — OK Code / Title 63 / Section 63-2-305
Written order specifying violations — Disciplinary
Status: in_force

actions — Emergency actions — Administrative penalty.

A. In addition to any other remedies provided by law, the

Director shall issue a written order to show cause to be served on

the parties before annulling, conditioning, suspending or revoking

any registration that the Director has reason to believe is

operating inconsistent with any provision of Section 2-303 of this

Oklahoma Statutes - Title 63. Public Health and Safety Page 941

title, pursuant to Section 2-304 of this title or otherwise where

there has been a violation of any federal law, any rule or

regulation of the Drug Enforcement Administration, any provision of

the Uniform Controlled Dangerous Substances Act, or any rules or

regulations of the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control.

B. The written order to show cause shall state with specificity

the nature of the violation or basis for the action. The Director

may impose any disciplinary action authorized by the Uniform

Controlled Dangerous Substances Act or rules of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control including, but not

limited to, the assessment of monetary penalties.

C. All alleged violations shall be deemed admitted unless the

registrant requests an administrative hearing in accordance with the

rules and regulations promulgated by the Director within thirty (30)

days of issuance of the order to show cause. Upon such request, the

Director shall promptly serve notice of the show cause hearing

pursuant to Section 309 of Title 75 of the Oklahoma Statutes. If a

registrant fails to request a hearing or fails to appear after

requesting a hearing, the Director shall issue a final order of the

matter by default. Nothing in this section shall be construed to

require an individual proceeding for the denial of a new application

for registration.

D. The Director may authorize the Deputy Director or the

General Counsel of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control to initiate any individual proceedings under

this title. Nothing in this section shall be construed so as to

delegate the authority of the Director to issue a final agency order

of an individual proceeding adverse to a party.

E. All proceedings shall be conducted in accordance with the

Administrative Procedures Act and the rules and regulations of the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,

except where more specific provisions of the Uniform Controlled

Dangerous Substances Act apply, without regard to any criminal

prosecution or other proceeding. Jurisdiction and venue for any

action related to a registration or an individual proceeding,

including any appeal thereof, shall solely exist in the district

court of Oklahoma County.

1. Proceedings to refuse renewal, revoke, or suspend a

registration shall not abate the existing registration which shall

remain in effect pending the outcome of those administrative

proceedings; provided, the registrant submits timely and sufficient

renewal applications annually. This abatement shall not apply when

the Director finds there is an imminent danger to the public health

or safety requiring an immediate suspension.

2. The Director may delegate to an administrative hearing

officer the authority to conduct hearings and recommend action for

Oklahoma Statutes - Title 63. Public Health and Safety Page 942

final agency orders in accordance with the rules and regulations of

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.

3. Any requested subpoena or subpoena duces tecum may be

quashed or modified for grounds listed in Section 2004.1 of Title 12

of the Oklahoma Statutes or upon a finding from the Director or

hearing officer that the information or testimony being sought is

not both necessary and proper to adjudication of the issues

identified in the order to show cause. Any subpoena or subpoena

duces tecum may be quashed or modified over the objection of any

party pursuant to the requirements of this paragraph.

F. The Director may issue an order immediately suspending a

registration, without notice or a hearing, when he or she finds

there is imminent danger to the public health or safety which

warrants such action. The suspension shall continue in effect until

the conclusion of any administrative proceedings, including judicial

review thereof, unless withdrawn earlier by the Director or

dissolved by a court of competent jurisdiction. The order shall

state the existence of an emergency requiring action be taken that

the Director deems necessary to meet the emergency. Such action may

include, but is not limited to, ordering the registrant to

immediately cease and desist operations. The order shall be

effective immediately upon issuance. Any person to whom the order

is directed shall comply immediately with the provisions of the

order. The Director may assess a penalty not to exceed Ten Thousand

Dollars ($10,000.00) per day of noncompliance with the order. In

assessing such penalty, the Director shall consider the seriousness

of the violation and any efforts to comply with applicable

requirements.

G. In lieu of or in addition to any other remedies available to

the Director, if a finding is made that a registrant has committed

any act in violation of federal law relating to any controlled

substance, any provision of the Uniform Controlled Dangerous

Substances Act, or any rules of the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control, the Director is hereby

authorized to assess an administrative penalty not to exceed Five

Thousand Dollars ($5,000.00) per day for each such act. The

provisions of this subsection shall not apply to violations of

subsection G of Section 2-309D of this title. Nothing in this

section shall be construed to permit the Director of the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control to assess

administrative fines for violations of the provisions of subsection

G of Section 2-309D of this title.

H. If a court of competent jurisdiction finds probable cause

that a registrant has possessed, transferred, sold, or offered for

sale any controlled dangerous substance in violation of the Uniform

Controlled Dangerous Substances Act, all controlled dangerous

substances in Schedule I of Section 2-204 of this title and all

Oklahoma Statutes - Title 63. Public Health and Safety Page 943

controlled dangerous substances in Schedules II, III, IV, and V that

are not in properly labeled containers in accordance with the

Uniform Controlled Dangerous Substances Act in the possession of the

registrant shall be deemed contraband and shall be seized and

summarily forfeited pursuant to Section 2-505 of this title.

Samples shall be retained of all controlled dangerous substances

seized in accordance with Section 2-508 of this title as required.

The Director may assess an eradication or destruction fine not to

exceed Fifty Thousand Dollars ($50,000.00) against the registrant.

I. Upon an annulment, revocation, or denial of a registration,

the Director may prohibit the registrant or applicant from

reapplying for registration for a period up to five (5) years

following the date of the final order. The length of any

prohibition shall not be used as grounds to contest the validity of

the annulment, revocation, or denial of a registration.
Okla. Stat. tit. 63, § 63-1-1301.19 — OK Code / Title 63 / Section 63-1-1301.19
Renumbered as § 7-419 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1-2415 — OK Code / Title 63 / Section 63-1-2415
Renumbered as § 2-10-303 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-946 — OK Code / Title 63 / Section 63-946
Exhuming of bodies - Hearing - Autopsy - Reports
Status: in_force

A. If death occurred under circumstances as enumerated in

Section 938 of this title, and if the body has been buried without

proper certification of death, it shall be the duty of the

investigating official, upon ascertaining such facts, to notify the

Chief Medical Examiner and the district attorney of the county in

which the body was buried. The district attorney shall present

facts to the judge of the district court of that county, and the

judge, after a hearing, may by written order require the body to be

exhumed and an autopsy performed by the Chief Medical Examiner or

his or her designee. A copy of the court order for exhumation shall

be provided to the State Department of Health. A complete report of

the facts developed by the autopsy and the findings of the person

making the same shall be filed with the Chief Medical Examiner

without unnecessary delay and a copy furnished the district attorney

of the county within which the death occurred or within which the

body was buried, or both.

B. No order for exhumation, as provided for in subsection A of

this section, shall be made without notice of the hearing being

served upon the decedent's next of kin, five (5) days prior to the

hearing. The notice shall be served in the same manner as provided

for by law for the service of summons in a civil action, shall

include the date, time and place of the hearing and shall advise the

person so notified that he or she has the right to appear and be

heard by the court at that time. Provided, that the district

attorney may, by affidavit, advise the court that the identity or

whereabouts of any persons required to be served with notice under

this subsection is unknown and cannot be ascertained with due

diligence. Upon finding that the facts stated in the affidavit are

true, the court shall not require notice be given.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1296
Okla. Stat. tit. 63, § 63-2220.4 — OK Code / Title 63 / Section 63-2220.4
Income tax return contributions
Status: in_force

A. Each individual taxpayer required to file a state income tax

return who desires to contribute to the Oklahoma Organ Donor

Education and Awareness Program Fund, as created in Section 2220.3

of this title, may designate the contribution on the appropriate

income tax form. The contribution may not increase or decrease the

income or liability of the taxpayer and may be made by reducing the

income tax refund of a taxpayer by the amount designated or by

accepting additional payment from the taxpayer by the amount

designated, whichever is appropriate.

B. 1. The Oklahoma Tax Commission shall include on each state

individual income tax return form for tax years beginning after

Oklahoma Statutes - Title 63. Public Health and Safety Page 1384

December 31, 2001, an opportunity for the taxpayer to donate for the

benefit of the Oklahoma Organ Donor Education and Awareness Program

Fund. The instructions accompanying the income tax form shall be

provided to the Oklahoma Tax Commission by the State Department of

Health and shall contain a description of the purpose for which the

Oklahoma Organ Donor Education and Awareness Program Revolving Fund

was established and information on the use of monies from the income

tax contribution.

2. Taxpayers who are entitled to refunds shall have the refunds

reduced by the amount designated by the taxpayer. The Oklahoma Tax

Commission shall annually determine the total amount designated plus

the amount received in excess payments and shall report the total

amount to the Office of the State Treasurer. The State Treasurer

shall credit the total amount to the Oklahoma Organ Donor Education

and Awareness Program Fund created in Section 2220.3 of this title

at the earliest possible time.

C. The incremental cost of administration of contributions

shall be paid out of the fund to the Oklahoma Tax Commission from

amounts received pursuant to this section before funds are expended

for the purposes of the fund.
Okla. Stat. tit. 63, § 63-2200.13A — OK Code / Title 63 / Section 63-2200.13A
Delivery of document of gift not required - Right to
Status: in_force

examine.

A. A document of gift need not be delivered during the donor’s

lifetime to be effective.

B. Upon or after an individual’s death, a person in possession

of a document of gift or a refusal to make an anatomical gift with

respect to the individual shall allow examination and copying of the

document of gift or refusal by a person authorized to make or object

to the making of an anatomical gift with respect to the individual

or by a person to which the gift could pass under Section 11 of this

act.
Okla. Stat. tit. 63, § 63-427.13 — OK Code / Title 63 / Section 63-427.13
Oklahoma-licensed business purchase requirement –
Status: in_force

Inventory tracking system.

A. All medical marijuana and medical marijuana products shall

be purchased solely from a state-licensed medical marijuana

business, and shall not be purchased from any out-of-state

providers.

B. 1. The Oklahoma Medical Marijuana Authority shall have

oversight and auditing responsibilities to ensure that all marijuana

being grown in this state is accounted for and shall implement an

inventory tracking system. Pursuant to these duties, the Authority

shall require that each medical marijuana business, medical

marijuana research facility, medical marijuana education facility

and medical marijuana waste disposal facility keep records for every

transaction with another medical marijuana business, patient or

caregiver. Inventory shall be tracked and updated after each

individual sale and reported to the Authority.

2. The inventory tracking system licensees use shall allow for

integration of other seed-to-sale systems and, at a minimum, shall

include the following:

a. notification of when marijuana seeds and clones are

planted,

b. notification of when marijuana plants are harvested

and destroyed,

c. notification of when marijuana is transported, sold,

stolen, diverted or lost,

d. a complete inventory of all marijuana, seeds, plant

tissue, clones, plants, usable marijuana or trim,

leaves and other plant matter, batches of extract, and

marijuana concentrates,

e. all samples sent to a testing laboratory, an unused

portion of a sample returned to a licensee, all

samples utilized by licensee for purposes of

negotiating a sale, and

f. all samples used for quality testing by a licensee.

3. Each medical marijuana business, medical marijuana research

facility, medical marijuana education facility and medical marijuana

waste disposal facility shall develop written standard operating

procedures outlining the manner in which it operates as prescribed

by the Authority and shall use a seed-to-sale tracking system or

integrate its own seed-to-sale tracking system with the seed-to-sale

tracking system established by the Authority in accordance with the

limitations set forth herein.

4. These records shall include, but not be limited to, the

following:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1151

a. the name and license number of the medical marijuana

business that cultivated, manufactured or sold the

medical marijuana or medical marijuana product,

b. the address and phone number of the medical marijuana

business that cultivated, manufactured or sold the

medical marijuana or medical marijuana product,

c. the type of product received during the transaction,

d. the batch number of the marijuana plant used,

e. the date of the transaction,

f. the total spent in dollars,

g. all point-of-sale records,

h. marijuana excise tax records, and

i. any additional information as may be reasonably

required by the Executive Director of the Oklahoma

Medical Marijuana Authority.

5. All inventory tracking records retained by a medical

marijuana business, medical marijuana research facility, medical

marijuana education facility or medical marijuana waste disposal

facility containing medical marijuana patient or caregiver

information shall comply with all relevant state and federal laws

including, but not limited to, the Health Insurance Portability and

Accountability Act of 1996 (HIPAA).
Okla. Stat. tit. 63, § 63-1-1943.1 — OK Code / Title 63 / Section 63-1-1943.1
Administrator of record for multiple facilities
Status: in_force

The State Department of Health may authorize long-term care

administrators to be the administrator of record for more than one

facility, provided that the facilities are within a fifty-mile

radius of each other, the sum total of the administrator’s

responsibility does not exceed more than one hundred twenty (120)

occupied beds, and each facility retains an assistant administrator.

This provision shall not apply to direct care staff.
Okla. Stat. tit. 63, § 63-1-2403 — OK Code / Title 63 / Section 63-1-2403
Renumbered as § 2-10-1103 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-293 — OK Code / Title 63 / Section 63-1-293
Epinephrine auto-injector prescriptions – Training – Providing and administering auto-
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 4Providing and administering auto-injectors – Immunity from

liability.

A. A licensed practitioner may prescribe epinephrine auto-

injectors in the name of an authorized entity or an authorized

individual for use in accordance with this section, and pharmacists

and physicians may dispense epinephrine auto-injectors pursuant to a

prescription issued in the name of an authorized entity or an

authorized individual; provided, however, such prescriptions shall

only be filled by pharmacists licensed in this state by the State

Board of Pharmacy.

B. An authorized entity or an authorized individual may acquire

and stock a supply of epinephrine auto-injectors pursuant to a

prescription issued in accordance with this section. Such

epinephrine auto-injectors shall be stored in a location readily

accessible in an emergency and in accordance with the epinephrine

auto-injector's instructions for use and any additional requirements

that may be established by the Board of Pharmacy. An authorized

entity shall designate employees or agents who have completed the

Oklahoma Statutes - Title 63. Public Health and Safety Page 173

training required by Section 1-292 et seq. of this title to be

responsible for the storage, maintenance, and general oversight of

epinephrine auto-injectors acquired by the authorized entity.

C. An employee or agent of an authorized entity, an authorized

individual, or other individual, who has completed the training

required by Section 1-292 et seq. of this title may, on the premises

of or in connection with the authorized entity or authorized

individual, use epinephrine auto-injectors prescribed pursuant to

Section 1-292 et seq. of this title to:

1. Provide an epinephrine auto-injector to any individual who

the employee, agent or individual believes in good faith is

experiencing anaphylaxis for immediate self-administration,

regardless of whether the individual has a prescription for an

epinephrine auto-injector or has previously been diagnosed with an

allergy; and

2. Administer an epinephrine auto-injector to any individual

who the employee, agent or individual believes in good faith is

experiencing anaphylaxis, regardless of whether the individual has a

prescription for an epinephrine auto-injector or has previously been

diagnosed with an allergy.

D. An employee, agent or individual described in subsection C

of this section must complete an anaphylaxis training program prior

to providing or administering an epinephrine auto-injector pursuant

to Section 1-292 et seq. of this title. Such training shall be

conducted by a nationally recognized organization experienced in

training laypersons in emergency health treatment or other entity or

an individual approved by the Board of Pharmacy. The entity

conducting training shall issue a certificate to each person who

successfully completes the anaphylaxis training program. Training

may be conducted online or in person and, at a minimum, shall cover:

1. Techniques on how to recognize symptoms of severe allergic

reactions, including anaphylaxis;

2. Standards and procedures for the storage and administration

of an epinephrine auto-injector; and

3. Emergency follow-up procedures.

E. An authorized entity or authorized individual that possesses

and makes available epinephrine auto-injectors and employees,

agents, authorized individuals, and other trained individuals; an

individual who uses an epinephrine auto-injector made available

pursuant to the provisions of Section 1-292 et seq. of this title; a

licensed practitioner that prescribes epinephrine auto-injectors to

an authorized entity or authorized individual; and an individual or

entity that conducts the training described in subsection D of this

section shall not be liable for any injuries or related damages that

result from the administration of, self-administration of or failure

to administer an epinephrine auto-injector in accordance with this

section that may constitute ordinary negligence.

Oklahoma Statutes - Title 63. Public Health and Safety Page 174

1. This immunity shall not apply to acts or omissions

constituting gross, willful or wanton negligence. The

administration of an epinephrine auto-injector in accordance with

Section 1-292 et seq. of this title is not the practice of medicine.

The immunity from liability provided under this subsection is in

addition to and not in lieu of that provided under the Good

Samaritan Act.

2. An entity located in this state shall not be liable for any

injuries or related damages that result from the provision or

administration of an epinephrine auto-injector by its employees or

agents outside of this state if the entity or its employee or agent

would not have been liable for such injuries or related damages had

the provision or administration occurred within this state.

F. The Board of Pharmacy, the State Board of Medical Licensure

and Supervision, and the State Board of Osteopathic Examiners shall

promulgate any rules necessary to implement the provisions of

Section 1-292 et seq. of this title.
Okla. Stat. tit. 63, § 63-485.8 — OK Code / Title 63 / Section 63-485.8
Partial invalidity
Status: in_force

It is the intention of the Legislature to enact each and every

part of this act and if any section, paragraph, sentence, item, or

clause of this act shall for any reason be held unconstitutional,

such decision shall not affect the validity of the remaining

portions of this act.
Okla. Stat. tit. 63, § 63-2-321 — OK Code / Title 63 / Section 63-2-321
Short title
Status: in_force

Sections 3 through 11 of this act shall constitute a part of the

Uniform Controlled Dangerous Substances Act and shall be known and

may be cited as the "Precursor Substances Act".
Okla. Stat. tit. 63, § 63-94 — OK Code / Title 63 / Section 63-94
Board to receive unclaimed or donated bodies - Board
Status: in_force

approval to donees - Distribution.

A. The Anatomical Board of the State of Oklahoma, or its duly

authorized agent, shall take and receive such unclaimed or donated

bodies and distribute them on requisition to and among institutions

to be used for anatomical purposes as approved by the Anatomical

Oklahoma Statutes - Title 63. Public Health and Safety Page 1061

Board. Unclaimed bodies shall be held for thirty (30) days before

being issued for use.

B. Any donee receiving a whole body donation from any source

shall have approval from the Board prior to receiving such donation.

C. Should the number of bodies available exceed the needs of

authorized institutions in this state, excess bodies which would

otherwise qualify for anatomical purposes in this state may be

issued to authorized institutions in other states.
Okla. Stat. tit. 63, § 63-2872 — OK Code / Title 63 / Section 63-2872
Online training platform — Mandatory training
Status: in_force

A. The Oklahoma 9-1-1 Management Authority shall maintain an

online training platform for 9-1-1 emergency telecommunicators in

this state.

B. The Oklahoma 9-1-1 Management Authority shall create,

maintain, and certify a list of qualified online and in-person

training programs that include the basic requirements for a 9-1-1

emergency telecommunicator as well as coordinate and collaborate

with local and regional 9-1-1 training authorities. Classes shall

be a minimum of forty (40) hours in length and include instruction

for basic call handling and dispatch services. The Oklahoma 9-1-1

Management Authority shall establish hourly training requirements on

a yearly basis.

C. On or before July 1, 2024, emergency telecommunicators in

this state that provide dispatch service for emergency medical

services shall complete, either in-person or virtually, a forty-hour

state-recognized training course for basic call handling and

dispatch services.

D. Any new emergency telecommunicator hired after January 1,

2024, shall complete, either in-person or virtually, a forty-hour

state-recognized training course for basic call handling and

dispatch services within six (6) months of his or her hire date.

E. On or before July 1, 2024, emergency telecommunicators in

this state that provide dispatch service for emergency medical

services shall complete, either in-person or virtually, a state- or

nationally recognized telecommunicator CPR training course.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1448

Telecommunicator CPR training shall follow evidence-based,

nationally recognized guidelines for High-Quality Telecommunicator

CPR which incorporates recognition protocols for out-of-hospital

cardiac events.
Okla. Stat. tit. 63, § 63-125 — OK Code / Title 63 / Section 63-125
Renumbered as § 128.2 of this title by Laws 1995, c. 344,
Status: in_force

§ 34, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-683.24B — OK Code / Title 63 / Section 63-683.24B
Emergency Relief and Impacts Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Department of Emergency Management and Homeland

Security to be designated the "Emergency Relief and Impacts

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

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

by the Oklahoma Department of Emergency Management and Homeland

Security from all sources designated by law. All monies accruing to

the credit of said fund are hereby appropriated and may be budgeted

and expended by the Oklahoma Department of Emergency Management and

Homeland Security for the purpose of the Emergency Relief and

Impacts Grant Program. Expenditures from said fund shall be made

upon warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment. All expenditures from

said fund derived of deposits made from the Statewide Recovery Fund

of the State Treasury created in Enrolled House Bill No. 3349 of the

2nd Session of the 58th Oklahoma Legislature, shall be made in

accordance with the provisions and guidance of the American Rescue

Plan Act of 2021, Public Law No. 117-2, Section 604.
Okla. Stat. tit. 63, § 63-1-559.2c — OK Code / Title 63 / Section 63-1-559.2c
Obesity reduction programs - Department duties -
Status: in_force

Rules.

A. In order to combat the increasing rate of childhood obesity

in the state, the State Department of Health shall create the

Quality Afterschool Opportunities Initiative to Reduce Childhood

Obesity and Improve Academic Performance. This initiative shall

establish and maintain a program to award grants, should funds

become available, to comprehensive, community-based afterschool

programs that include evidence-based obesity reduction components.

B. The Department shall, at a minimum:

1. Develop an application process;

2. Determine minimum eligibility requirements for applicants;

3. Develop procedures and criteria for awarding grants; and

4. Determine the minimum and maximum amounts to be awarded.

C. The State Board of Health shall promulgate rules as

necessary to implement the provisions of this act.
Okla. Stat. tit. 63, § 63-2452 — OK Code / Title 63 / Section 63-2452
Renumbered as § 1-2518 of this title by Laws 1999, c
Status: in_force

156, § 5, eff. Nov. 1, 1999.
Okla. Stat. tit. 63, § 63-3271 — OK Code / Title 63 / Section 63-3271
Short title
Status: in_force

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

University Medical Authority Act".
Okla. Stat. tit. 63, § 63-940a — OK Code / Title 63 / Section 63-940a
Liability for removal of body
Status: in_force

No funeral establishment or its employees shall be liable for

the action, per se, of removing a body when ordered to do so by any

public official having the authority to order such removal.
Okla. Stat. tit. 63, § 63-1-1751 — OK Code / Title 63 / Section 63-1-1751
License fees
Status: in_force

Fees for licenses issued by the State Board of Health to

practice the fitting and dealing of hearing aids shall be set

by the State Board of Health at rates not less than the

following schedule:

Application for a Temporary Permit $ 15.00

Examination Fee 35.00

Renewal of a License 50.00

Renewal within thirty-day grace period 75.00

Renewal after expiration 100.00

Oklahoma Statutes - Title 63. Public Health and Safety Page 663

Any fee schedule changes must be submitted to the Legislature

for approval or rejection under the Administrative Procedures Act.

Applicants for examinations shall be responsible for the full cost

of examinations, re-examinations, and background checks relating to

licensing and certification.
Okla. Stat. tit. 63, § 63-3131.11 — OK Code / Title 63 / Section 63-3131.11
Effect of act
Status: in_force

A. Except as otherwise provided in the Oklahoma Do-Not-

Resuscitate Act, a person's right to receive and a health care

provider's responsibility to administer cardiopulmonary

resuscitation shall not be impaired. Nothing in the Oklahoma Do-

Not-Resuscitate Act shall impair or supersede a person's right to

choose to have cardiopulmonary resuscitation withheld or provided or

a health care provider's responsibility to withhold or provide

cardiopulmonary resuscitation as provided by law. In this respect,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1507

the provisions of the Oklahoma Do-Not-Resuscitate Act are

cumulative.

B. In the event of cardiac or respiratory arrest, a patient's

attending physician or other health care provider must comply with

such patient's request for cardiopulmonary resuscitation whether

requested by such patient or such patient's representative, or

required by such patient's advance directive.

C. Nothing in the Oklahoma Do-Not-Resuscitate Act shall be

construed to preclude a court of competent jurisdiction from

approving the issuance of a do-not-resuscitate order under

circumstances other than those under which such an order may be

issued pursuant to the provisions of the Oklahoma Do-Not-Resuscitate

Act.

D. The provisions of the Oklahoma Do-Not-Resuscitate Act shall

not affect the validity of do-not-resuscitate consents or orders

that were executed prior to November 1, 1997.
Okla. Stat. tit. 63, § 63-2664 — OK Code / Title 63 / Section 63-2664
Penalty
Status: in_force

A. Any person operating, conducting, managing or establishing

an ambulatory surgical center without a license required by this act

is guilty of a misdemeanor and, upon conviction, shall be punished

as provided by law. Each day of continuing violation shall

constitute a separate offense.

B. The Attorney General shall represent the Commissioner and

shall institute an action in the name of the state for injunctive or

other relief against any person or governmental unit to restrain or

prevent the establishment, conduct, management or operation of an

ambulatory surgical center without a license issued pursuant to the

provisions of this act.
Okla. Stat. tit. 63, § 63-1-745.51 — OK Code / Title 63 / Section 63-1-745.51
Definitions
Status: in_force

As used in this act:

1. "Abortion" means the act of using, prescribing,

administering, procuring, or selling of any instrument, medicine,

drug, or any other substance, device, or means with the purpose to

terminate the pregnancy of a woman, with knowledge that the

termination by any of those means will with reasonable likelihood

cause the death of an unborn child. It does not include the use,

prescription, administration, procuring, or selling of Plan B,

morning-after pills, or any other type of contraception or emergency

contraception. An act is not an abortion if the act is performed

with the purpose to:

a. save the life or preserve the health of the unborn

child,

b. remove a dead unborn child caused by spontaneous

abortion, or

c. remove an ectopic pregnancy;

2. "Fertilization" means the fusion of a human spermatozoon

with a human ovum;

3. "Medical emergency" means a condition in which an abortion

is necessary to preserve the life of a pregnant woman whose life is

endangered by a physical disorder, physical illness, or physical

injury, including a life-endangering physical condition caused by or

arising from the pregnancy itself;

4. "Unborn child" means a human fetus or embryo in any stage of

gestation from fertilization until birth; and

5. "Woman" and "women" include any person whose biological sex

is female, including any person with XX chromosomes and any person

with a uterus, regardless of any gender identity that the person

attempts to assert or claim.
Okla. Stat. tit. 63, § 63-1-743 — OK Code / Title 63 / Section 63-1-743
Advertisement of mammography services - Disclosure of
Status: in_force

cost - Penalty.

Any entity advertising mammography services must include in its

advertising the total cost of the procedure. Any entity who has

been determined to be in violation of this section by the State

Board of Health, after notice and hearing by the Board, shall be

subject to a fine of not less than One Hundred Dollars ($100.00) or

more than One Thousand Dollars ($1,000.00) for each violation.
Okla. Stat. tit. 63, § 63-1-227.2 — OK Code / Title 63 / Section 63-1-227.2
Power and duties of Office of Child Abuse Prevention
Status: in_force

A. The Office of Child Abuse Prevention, giving consideration

to the recommendations of the Infant and Children's Health Advisory

Council created in Section 1-103a.1 of this title, is hereby

authorized and directed to:

1. Prepare and implement a comprehensive state plan for the

planning and coordination of child abuse prevention programs and

services and for the establishment, development and funding of such

programs and services, and to revise and update the plan pursuant to

the provisions of Section 1-227.3 of this title;

2. Monitor, evaluate and review the development and quality of

services and programs for the prevention of child abuse and neglect,

publish and distribute an annual report of its findings on or before

January 1 of each year to the Governor, the Speaker of the House of

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

chief administrative officer of each agency affected by the report.

The report shall include:

a. activities of the Office,

b. a summary detailing the demographic characteristics of

families served including, but not limited to, the

following:

(1) age and marital status of parent(s),

(2) number and age of children living in the

household,

(3) household composition of families served,

(4) number of families accepted into the program by

grantee site and average length of time enrolled,

(5) number of families not accepted into the program

and the reason therefor,

(6) average actual expenditures per family during the

most recent state fiscal year, and

(7) number of individuals whose parental rights have

ever been terminated and number of children born

to an individual whose parental rights have ever

been terminated,

c. recommendations for the further development and

improvement of services and programs for the

prevention of child abuse and neglect,

d. budget and program needs, and

e. statistics developed based on the reports received

pursuant to Section 3 of this act; and

3. Conduct or otherwise provide for or make available

continuing professional education and training in the area of child

abuse prevention.

B. For the purpose of implementing the provisions of the Child

Abuse Prevention Act, the State Department of Health is authorized

to:

Oklahoma Statutes - Title 63. Public Health and Safety Page 120

1. Accept appropriations, gifts, loans and grants from the

state and federal government and from other sources, public or

private;

2. Enter into agreements or contracts for the establishment and

development of:

a. programs and services for the prevention of child

abuse and neglect,

b. training programs for the prevention of child abuse

and neglect, and

c. multidisciplinary and discipline specific training

programs for professionals with responsibilities

affecting children, youth and families; and

3. Secure necessary statistical, technical, administrative and

operational services by interagency agreement or contract.

C. For the purpose of implementing the provisions of the Child

Abuse Prevention Act, the State Commissioner of Health, giving

consideration to the recommendations of the Infant and Children's

Health Advisory Council created in Section 1-103a.1 of this title,

is authorized to promulgate rules and regulations as necessary to

implement the duties and responsibilities assigned to the Office of

Child Abuse Prevention.

D. 1. The Department of Human Services shall, as soon as

reasonably possible, provide the State Department of Health access

to the identifying information of all individuals who, as to any

child, have had their parental rights terminated and the conditions

which led to the making of the finding which resulted in the

termination of parental rights.

2. The Division of Vital Records shall provide birth record

information to the Office of Child Abuse Prevention for a child born

to an individual whose identifying information has been provided

pursuant to paragraph 1 of this subsection.

3. The Office of Child Abuse Prevention or other appropriate

division of the State Department of Health shall review the

information provided by the Department of Human Services and the

Division of Vital Records and, when appropriate and if the resources

are available, provide an assessment of the family and offer

services if needed.
Okla. Stat. tit. 63, § 63-3080.2 — OK Code / Title 63 / Section 63-3080.2
Definitions
Status: in_force

As used in the Hydration and Nutrition for Incompetent Patients

Act:

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

responsibility for the overall medical treatment and care of a

patient;

2. "Final stage" means the last stage of a terminal illness or

injury in which, even with the use of medical treatment, the person

with the terminal illness or injury is in the dying process and will

die within a reasonably short period of time;

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

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

administer health care in the ordinary course of business or

practice of a profession;

4. "Incompetent patient" means any person who:

a. is a minor, or

b. has been declared legally incompetent to make

decisions affecting medical treatment or care, or

c. in the reasonable judgment of the attending

physician, is unable to make decisions affecting medical treatment

or other health care services;

5. "Nutrition" means sustenance administered by way of the

gastrointestinal tract;

6. "Physician" means a physician or surgeon licensed by the

State Board of Medical Examiners or State Board of Osteopathy; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1452

7. "Terminal illness or injury" means an incurable and

irreversible medical condition that, even with the use of medical

treatment, will result in the death of a person from that condition

or a complication arising from that condition.
Okla. Stat. tit. 63, § 63-3101.2 — OK Code / Title 63 / Section 63-3101.2
Purpose - Protection for proxies and health care
Status: in_force

providers - Certain acts not condoned, authorized or approved.

A. The purpose of the Oklahoma Advance Directive Act is to:

1. Recognize the right of individuals to control some aspects

of their own medical care and treatment, including but not limited

to the right to decline medical treatment or to direct that it be

withdrawn, even if death ensues;

2. Recognize that the right of individuals to control some

aspects of their own medical treatment is protected by the

Constitution of the United States and overrides any obligation the

physician and other health care providers may have to render care or

to preserve life and health;

3. Recognize that decisions concerning one's medical treatment

involve highly sensitive, personal issues that do not belong in

court, even if the individual is incapacitated, so long as a proxy

decision-maker can make the necessary decisions based on the known

intentions, personal views, or best interests of the individual. If

evidence of the individual's wishes is sufficient, those wishes

Oklahoma Statutes - Title 63. Public Health and Safety Page 1459

should control; if there is not sufficient evidence of the

individual's wishes, the proxy's decisions should be based on the

proxy's reasonable judgment about the individual's values and what

the individual's wishes would be based upon those values. The

proper role of the court is to settle disputes and to act as the

proxy decision-maker of last resort when no other proxy is

authorized by the individual or is otherwise authorized by law;

4. Restate and clarify the law to ensure that the individual's

advance directive for health care will continue to be honored during

incapacity without court involvement; and

5. Encourage and support health care instructions by the

individual in advance of incapacity and the delegation of decision-

making powers to a health care proxy.

B. To be sure that the individual's health care instructions

and proxy decision-making will be effective, the Oklahoma Advance

Directive Act also includes necessary and appropriate protection for

proxies and health care providers who rely in good faith on the

instructions of the individual and the decisions of an authorized

proxy.

C. The Oklahoma Advance Directive Act does not condone,

authorize, or approve mercy killing, assisted suicide, or

euthanasia.
Okla. Stat. tit. 63, § 63-1-713 — OK Code / Title 63 / Section 63-1-713
Standards of United States Surgeon General to be
Status: in_force

followed - Reports.

The State Commissioner of Health, in making the survey and

inventory of existing hospitals, health centers, community mental

health facilities, and related health facilities, and in developing

programs for the construction of public and other nonprofit health

Oklahoma Statutes - Title 63. Public Health and Safety Page 279

facilities, shall carry out such purposes in accordance with

standards prescribed by the Surgeon General of the United States

Public Health Service with the approval of the Federal Hospital

Advisory Council. The Commissioner shall make such reports, in such

form and containing such information, as the Surgeon General of the

United States Public Health Service may from time to time require,

and shall comply with requirements of the Surgeon General as will

assure the correctness and the verification of such reports.
Okla. Stat. tit. 63, § 63-2622 — OK Code / Title 63 / Section 63-2622
Definitions
Status: in_force

As used in the Medical Savings Account Act:

1. "Account holder" means the individual including but not

limited to an employee of an employer or dependents of the

individual on whose behalf the medical savings account is

established;

2. "Dependent child" means any person under the age of twenty-

one (21) years or any person who is legally entitled or subject to a

court order for the provision of proper and necessary subsistence,

education, medical care, or any other care necessary for the health,

or well-being of such person, and who is not otherwise emancipated,

married or a member of the Armed Forces of the United States, or who

is mentally or physically incapacitated and cannot provide for

themselves;

3. "Eligible medical expenses" means an expense paid by the

taxpayer for medical care described in Section 213(d) of the

Internal Revenue Code;

4. "Medical savings account" or "account" means an account

established in this state pursuant to a medical savings account

program to pay the eligible medical expenses of an account holder

and the dependents of the account holder;

5. "Medical savings account program" or "program" means a

program that includes all of the following:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1413

a. the purchase by an individual or employer of a

qualified higher deductible health benefit plan which

is approved by the State Department of Health and

offered by an entity regulated by the State Department

of Health or is approved by the Insurance Commissioner

and offered by an entity regulated by the Insurance

Commissioner or is offered by the State and Education

Employees Group Insurance Board for the benefit of the

individual or an employee of the employer and the

dependents of that individual or the employee,

b. the deposit by an individual into a medical savings

account or the contribution on behalf of an employee

into a medical care account by an employer of all or

part of the premium differential realized by the

employer based on the purchase of a qualified higher

deductible health plan for the benefit of the

employee. An employer that did not previously provide

a health plan or provide a health coverage policy,

certificate, or contract for employees may contribute

all or part of the deductible of a qualified higher

deductible health benefit plan; and

6. "Trustee" means a chartered state bank, savings and loan

association, licensed securities dealer or trust company authorized

to act as a fiduciary; a national banking association or savings and

loan association authorized to act as a fiduciary; or an insurance

company.
Okla. Stat. tit. 63, § 63-1-1455 — OK Code / Title 63 / Section 63-1-1455
Training and testing - Certification by reciprocity
Status: in_force

A. The State Board of Health, giving consideration to the

recommendations of the Consumer Protection Licensing Advisory

Council created in Section 44 of this act, and in cooperation with

the Oklahoma Department of Career and Technology Education, may

adopt a curriculum of required courses and establish by rule the

Oklahoma Statutes - Title 63. Public Health and Safety Page 626

types of courses to be offered. The complete program of instruction

approved by the State Board of Health in theory and clinical

training shall consist of at least three hundred (300) hours or the

equivalent of competency-based instruction.

B. 1. In order to provide the State Department of Health

confirmation of each applicant's competency, written theory and

clinical tests shall be administered by the Oklahoma Department of

Career and Technology Education.

2. Applicants otherwise qualified to practice medical

micropigmentation as determined by the State Department of Health

pursuant to the Oklahoma Medical Micropigmentation Regulation Act

may be certified to perform medical micropigmentation without taking

or completing the program of instruction specified by this section

if the applicant obtains a passing score for both the written theory

and clinical tests. Not later than January 1, 2002, the State Board

of Health shall promulgate rules to implement the provisions of this

paragraph.

3. The State Board of Health, giving consideration to the

recommendations of the Consumer Protection Licensing Advisory

Council created in Section 44 of this act, shall set, by rule, a

minimum passing score for both written theory and clinical tests.

C. The Oklahoma Department of Career and Technology Education

may provide training and shall provide testing programs required by

this section for anyone qualified to apply for a certificate

pursuant to the provisions of Section 1-1454 of this title. The

training and testing programs shall meet the standards established

pursuant to the provisions of this section. The State Department of

Health may approve training programs that meet the standards

established pursuant to the provisions of this act.

D. After the initial training program offered pursuant to

subsection C of this section, the Oklahoma Department of Career and

Technology Education may provide a complete curriculum for the

training and testing of applicants for certification as deemed

needed by the Oklahoma Department of Career and Technology

Education.

E. The State Department of Health may approve applicants for

certification by reciprocity. An applicant shall qualify for

certification by reciprocity if the applicant:

1. Has qualifications and training comparable to those required

under the Oklahoma Medical Micropigmentation Regulation Act;

2. Provides documentation verifying two (2) years of experience

and a minimum of two hundred (200) procedures; and

3. Has successfully completed the Oklahoma certification

examination.
Okla. Stat. tit. 63, § 63-488.1 — OK Code / Title 63 / Section 63-488.1
Program of immunization
Status: in_force

The State Department of Public Health is hereby authorized to

initiate and organize a state-wide program supplementing a program

of the National Foundation for Infantile Paralysis and administer

vaccine designed to immunize children against that disease. Said

Department is authorized to cooperate further with the authorities

of the National Foundation for Infantile paralysis and to make such

rules and regulations in connection therewith as will assure the

administration of vaccine to the greatest possible number of

children within the age group most susceptible to the disease and

within the limits of the funds made available for that purpose under

the provisions of this act.
Okla. Stat. tit. 63, § 63-1-322 — OK Code / Title 63 / Section 63-1-322
Copies of records - Certification
Status: in_force

To preserve original documents, the State Commissioner of Health

is authorized to prepare typewritten, photographic, or other

Oklahoma Statutes - Title 63. Public Health and Safety Page 196

reproductions of original records and files in his office. Such

reproductions when certified by him shall be accepted as the

original record.
Okla. Stat. tit. 63, § 63-2-103.1 — OK Code / Title 63 / Section 63-2-103.1
Investigations - Subpoena power
Status: in_force

A. In any investigation relating to the functions of the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

pursuant to the provisions of the Uniform Controlled Dangerous

Substances Act with respect to controlled substances or other

provisions of Oklahoma law with respect to the crimes of money

laundering and human trafficking, the Director of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control, if recommended and

approved by a chief agent of the Bureau and the legal counsel of the

Bureau, may subpoena witnesses, compel the attendance and testimony

of witnesses, and require the production of any records, including

books, papers, documents, and other tangible things which constitute

or contain evidence, which the Director or agent finds relevant or

material to the investigation. The attendance of witnesses and the

production of records may be required from any place in the state to

a designated location in the county seat of the county of which the

subpoenaed person is an inhabitant or in which the subpoenaed person

carries on business or may be found. Witnesses summoned pursuant to

this section shall be paid the same fees and mileage that are paid

witnesses in the courts of this state.

B. The witness shall have the option of complying with said

subpoena by:

1. Appearing and/or producing documents, as requested; or

2. Notifying the Bureau, in writing, of refusal to appear or

produce documents, within ten (10) days of the date of service.

The subpoena form shall clearly set forth the optional means of

compliance including instructions for sending written notice of

refusal.

C. A subpoena issued pursuant to this section may be served by

any person designated in the subpoena to serve it. Service upon a

natural person may be made by personal delivery of the subpoena to

him. Service may be made upon a domestic or foreign corporation or

upon a partnership or other unincorporated association which is

subject to suit under a common name, by delivering the subpoena to

an officer, to a managing or general agent, or to any other agent

authorized by appointment or by law to receive service of process.

The affidavit of the person serving the subpoena entered on a true

copy thereof by the person serving it shall be proof of service.

Oklahoma Statutes - Title 63. Public Health and Safety Page 893

D. In the case of contumacy by or refusal to obey a subpoena

issued to any person, the Director may invoke the aid of any

district court of the state within the jurisdiction of which the

investigation is carried on or of which the subpoenaed person is an

inhabitant, or in which he carries on business or may be found, to

compel compliance with the subpoena. The court may issue an order

requiring the subpoenaed person to appear before the Director to

produce records, if so ordered, or to give testimony touching the

matter under investigation. Any failure to obey the order of the

court may be punished by the court as an indirect contempt thereof.

All process in any such case may be served in any judicial district

in which such person may be found.

E. The district court of the county wherein the subpoena is

served may quash a subpoena issued pursuant to this section, upon a

motion to quash the subpoena filed with the court by the party to

whom the subpoena is issued.
Okla. Stat. tit. 63, § 63-1-1804.1 — OK Code / Title 63 / Section 63-1-1804.1
Renumbered as § 2-5-104 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-2409 — OK Code / Title 63 / Section 63-1-2409
Renumbered as § 2-10-1109 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.