Okla. Stat. tit. 63, § 63-2-309D — OK Code / Title 63 / Section 63-2-309D
Central repository information - Confidentiality -
Status: in_force

Access - Disclosure - Penalties - Liability.

A. The information collected at the central repository pursuant

to the Anti-Drug Diversion Act shall be confidential and shall not

be open to the public. Access to the information shall be limited

to:

1. Peace officers certified pursuant to Section 3311 of Title

70 of the Oklahoma Statutes who are employed as investigative agents

of the Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control;

2. The United States Drug Enforcement Administration Diversion

Group Supervisor;

3. The executive director or chief investigator, as designated

by each board, of the following state boards:

a. Board of Podiatric Medical Examiners,

b. Board of Dentistry,

c. Board of Pharmacy,

d. State Board of Medical Licensure and Supervision,

e. State Board of Osteopathic Examiners,

f. State Board of Veterinary Medical Examiners,

g. Oklahoma Health Care Authority,

h. Department of Mental Health and Substance Abuse

Services,

i. Board of Examiners in Optometry,

Oklahoma Statutes - Title 63. Public Health and Safety Page 952

j. Oklahoma Board of Nursing,

k. Office of the Chief Medical Examiner, and

l. State Board of Health;

4. A multicounty grand jury properly convened pursuant to the

Multicounty Grand Jury Act;

5. Medical practitioners employed by the United States

Department of Veterans Affairs, the United States Military, or other

federal agencies treating patients in this state;

6. At the discretion of the Director of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control, medical

practitioners and their staff including those employed by the

federal government in this state; and

7. The members of the Opioid Overdose Fatality Review Board for

the purpose of carrying out the duties prescribed by Section 2-1001

of this title.

B. This section shall not prevent access, at the discretion of

the Director of the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, to investigative information by peace officers and

investigative agents of federal, state, tribal, county or municipal

law enforcement agencies, district attorneys and the Attorney

General in furtherance of criminal, civil or administrative

investigations or prosecutions within their respective

jurisdictions, designated legal, communications, and analytical

employees of the Bureau, and to registrants in furtherance of

efforts to guard against the diversion of controlled dangerous

substances.

C. This section shall not prevent the disclosure, at the

discretion of the Director of the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control, of statistical information gathered

from the central repository to the general public for statistical,

research, substance abuse prevention, or educational purposes,

provided that consumer confidentiality is not compromised.

D. This section shall not prevent the disclosure, at the

discretion of the Director of the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control, of prescription-monitoring-program

information to prescription-monitoring programs of other states

provided a reciprocal data-sharing agreement is in place.

E. The Department of Mental Health and Substance Abuse Services

and the State Department of Health may utilize the information in

the central repository for statistical, research, substance abuse

prevention, or educational purposes, provided that consumer

confidentiality is not compromised.

F. Any unauthorized disclosure of any information collected at

the central repository provided by the Anti-Drug Diversion Act shall

be a misdemeanor. Violation of the provisions of this section shall

be deemed willful neglect of duty and shall be grounds for removal

from office.

Oklahoma Statutes - Title 63. Public Health and Safety Page 953

G. 1. Registrants shall have access to the central repository

for the purposes of patient treatment and to aid in the

determination in prescribing or screening new patients. The

physician or designee shall provide, upon request by the patient,

the history of the patient or the query history of the patient.

2. a. Prior to prescribing or authorizing for refill, if one

hundred eighty (180) days have elapsed prior to the

previous access and check, of opiates, synthetic

opiates, semisynthetic opiates, benzodiazepine or

carisoprodol to a patient of record, registrants or

members of their medical or administrative staff shall

be required to access the information in the central

repository to assess medical necessity and the

possibility that the patient may be unlawfully

obtaining prescription drugs in violation of the

Uniform Controlled Dangerous Substances Act. The duty

to access and check shall not alter or otherwise amend

appropriate medical standards of care. The registrant

or medical provider shall note in the patient file

that the central repository has been checked and may

maintain a copy of the information.

b. The requirements set forth in subparagraph a of this

paragraph shall not apply:

(1) to medical practitioners who prescribe the

controlled substances set forth in subparagraph a

of this paragraph for hospice or end-of-life

care, or

(2) for a prescription of a controlled substance set

forth in subparagraph a of this paragraph that is

issued by a practitioner for a patient residing

in a nursing facility as defined by Section 1-

1902 of this title, provided that the

prescription is issued to a resident of such

facility.

3. Registrants shall not be liable to any person for any claim

of damages as a result of accessing or failing to access the

information in the central repository and no lawsuit may be

predicated thereon.

4. The failure of a registrant to access and check the central

repository as required under state or federal law or regulation may,

after investigation, be grounds for the licensing board of the

registrant to take disciplinary action against the registrant.

H. The Board of Podiatric Medical Examiners, the Board of

Dentistry, the State Board of Medical Licensure and Supervision, the

Board of Examiners in Optometry, the Oklahoma Board of Nursing, the

State Board of Osteopathic Examiners and the State Board of

Veterinary Medical Examiners shall have the sole responsibility for

Oklahoma Statutes - Title 63. Public Health and Safety Page 954

enforcement of the provisions of subsection G of this section.

Nothing in this section shall be construed so as to permit the

Director of the State Bureau of Narcotics and Dangerous Drugs

Control to assess administrative fines provided for in Section 2-304

of this title.

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

Dangerous Drugs Control, or a designee thereof, shall provide a

monthly list to the Directors of the Board of Podiatric Medical

Examiners, the Board of Dentistry, the State Board of Medical

Licensure and Supervision, the Board of Examiners in Optometry, the

Oklahoma Board of Nursing, the State Board of Osteopathic Examiners

and the State Board of Veterinary Medical Examiners of the top

twenty prescribers of controlled dangerous substances within their

respective areas of jurisdiction. Upon discovering that a

registrant is prescribing outside the limitations of his or her

licensure or outside of drug registration rules or applicable state

laws, the respective licensing board shall be notified by the Bureau

in writing. Such notifications may be considered complaints for the

purpose of investigations or other actions by the respective

licensing board. Licensing boards shall have exclusive jurisdiction

to take action against a licensee for a violation of subsection G of

this section.

J. Information regarding fatal and nonfatal overdoses, other

than statistical information as required by Section 2-106 of this

title, shall be completely confidential. Access to this information

shall be strictly limited to the Director of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control or designee, the

Chief Medical Examiner, state agencies and boards provided in

subsection A of this section, and the registrant that enters the

information. Registrants shall not be liable to any person for a

claim of damages for information reported pursuant to the provisions

of Section 2-105 of this title.

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

Dangerous Drugs Control shall provide adequate means and procedures

allowing access to central repository information for registrants

lacking direct computer access.

L. Upon completion of an investigation in which it is

determined that a death was caused by an overdose, either

intentionally or unintentionally, of a controlled dangerous

substance, the medical examiner shall be required to report the

decedent's name and date of birth to the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control. The Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control shall be required to maintain

a database containing the classification of medical practitioners

who prescribed or authorized controlled dangerous substances

pursuant to this subsection.

Oklahoma Statutes - Title 63. Public Health and Safety Page 955

M. The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control is authorized to provide unsolicited notification to the

licensing board of a pharmacist or practitioner if a patient has

received one or more prescriptions for controlled substances in

quantities or with a frequency inconsistent with generally

recognized standards of safe practice. An unsolicited notification

to the licensing board of the practitioner pursuant to this section:

1. Is confidential;

2. May not disclose information that is confidential pursuant

to this section; and

3. May be in a summary form sufficient to provide notice of the

basis for the unsolicited notification.

N. Except as otherwise provided for in subsections A and B of

this section, any information collected at the central repository,

as outlined in Section 2-309C of this title, shall:

1. Be confidential by law and privileged;

2. Not be subject to the Oklahoma Open Records Act;

3. Not be subject to subpoena; and

4. Not be subject to discovery or admissible in evidence in any

private civil action.
Okla. Stat. tit. 63, § 63-1-260.4 — OK Code / Title 63 / Section 63-1-260.4
Osteoporosis prevention and awareness
Status: in_force

A. The State Department of Health, giving

consideration to the recommendations of the Advancement of

Wellness Advisory Council created in Section 44 of this

act, shall:

1. Advise regarding coordination of osteoporosis

programs conducted by or through the Department;

2. Establish a mechanism for sharing information on

osteoporosis among all officials and employees involved in

carrying out osteoporosis-related programs;

3. Preview and coordinate the most promising areas

of education, prevention, and treatment concerning

osteoporosis;

4. Assist other offices in developing plans for

education and health promotion on osteoporosis;

5. Establish mechanisms to use the results of

research concerning osteoporosis in the development of

relevant policies and programs; and

6. Prepare a report that describes educational

initiatives on osteoporosis sponsored by the state and

makes recommendations for new educational initiatives on

osteoporosis. The Council shall transmit the report to

the State Board of Health for review and forwarding with

any necessary comments or recommendations to the

Legislature. The report shall also be available to the

public.

B. The Department, giving consideration to the

recommendations of the Advancement of Wellness Advisory

Council created in Section 44 of this act, shall establish

and coordinate an Advisory Panel on Osteoporosis which

will provide nongovernmental input regarding the

Osteoporosis Prevention and Treatment Education Program.

Membership on the advisory panel shall be voluntary and

shall include, but not be limited to, persons with

osteoporosis, representatives of women's health

organizations, public health education, osteoporosis

experts, providers of osteoporosis health care, persons

knowledgeable in health promotion and education, and

representatives of national osteoporosis organizations or

their state or regional affiliates.

Oklahoma Statutes - Title 63. Public Health and Safety Page 165
Okla. Stat. tit. 63, § 63-4235 — OK Code / Title 63 / Section 63-4235
Violation of certification requirement - Penalties
Status: in_force

A. Any parent, legal guardian or person having actual

responsibility for a person under sixteen (16) years of age, or who

is the owner of the vessel operated by a person under sixteen (16)

years of age, who knows, or should have known, that the person

operating the vessel is not in compliance with the certification

required by Section 2 of this act shall constitute a misdemeanor

and, upon conviction thereof, shall be punishable by a fine of not

less than Fifty Dollars ($50.00) nor more than One Hundred Dollars

($100.00). Any second or subsequent conviction shall be punishable

by a fine in an amount of not less than Two Hundred Fifty Dollars

($250.00), nor more than Five Hundred Dollars ($500.00).

B. A violation of the provisions of Section 2 of this act shall

constitute a misdemeanor and, upon conviction thereof, shall be

punishable by a fine of not less than Two Hundred Fifty Dollars

($250.00) nor more than One Thousand Dollars ($1,000.00).

C. All fines collected under this section shall be deposited to

the Boating Safety Education Fund administered by the State Boating

Law Administrator as designated by the Commissioner of Public Safety

for the purpose of establishing, maintaining and operating a program

of boating safety education throughout the State of Oklahoma.

D. A court may defer the imposition of a fine and place a

defendant on probation for a period not to exceed sixty (60) days if

the defendant:

1. Is a first-time violator of a provision of this section;

2. Pleads guilty or nolo contendere or is found guilty;

3. Requests permission from the court to attend a boating

safety education course; and

4. Successfully completes a boating safety education course

approved by the Department of Public Safety during the probation

period.

E. Any person producing proof in court that a valid Boating

Safety Education Certificate or equivalent form recognized by the

Department of Public Safety reflecting such person has successfully

completed a boating safety education course or is exempt from such

course was in effect at the time of the alleged offense of Section 2

of this act shall be entitled to dismissal of such charge upon

payment of court costs. If such proof is provided within two (2)

regular business days after the violation, the charge shall be

dismissed without payment of court costs.
Okla. Stat. tit. 63, § 63-1-820 — OK Code / Title 63 / Section 63-1-820
Definitions
Status: in_force

As used in the Residential Care Act:

1. "Abuse" means the willful infliction of injury, unreasonable

confinement, intimidation or punishment, with resulting physical

harm, impairment or mental anguish;

2. "Access" means the right of a person to enter a home to

communicate privately and without unreasonable restriction;

3. "Administrator" means the person who is in charge of a home

and who devotes at least one-third (1/3) of his or her full working

time to on-the-job supervision of the home;

4. "Adult companion home" means any home or establishment,

funded and certified by the Department of Human Services, which

provides homelike residential accommodations and supportive

assistance to three or fewer developmentally disabled adults;

5. "Advisory Board" means the Long-Term Care Facility Advisory

Board;

6. "Ambulatory" means any resident who is capable of self-

movement, including in and out of wheelchairs, to all areas of the

home;

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

Oklahoma Statutes - Title 63. Public Health and Safety Page 469

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

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

10. "Habilitation" means procedures and interventions designed

to assist a mentally ill, drug-dependent or alcohol-dependent person

eighteen (18) years of age or older to achieve greater physical,

mental and social development by enhancing the well-being of the

person and teaching skills which increase the possibility that the

resident will make progressively independent and responsible

decisions about social behavior, quality of life, job satisfaction

and personal relationships;

11. "Home" means a residential care home;

12. "Residential care home":

a. means any establishment or institution which offers,

provides or supports residential accommodations, food

service, and supportive assistance to any of its

residents or houses any residents requiring supportive

assistance who are not related to the owner or

administrator of the home by blood or marriage. A

residential care home shall not include:

(1) an adult companion home,

(2) a group home,

(3) a hotel,

(4) a motel,

(5) a residential mental health facility operated by

the Department of Mental Health and Substance

Abuse Services,

(6) a fraternity or a sorority house,

(7) college or university dormitory, or

(8) 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.

The residents of a residential care home shall be

ambulatory and essentially capable of participating in

their own activities of daily living, but shall not

routinely require nursing services, and

b. may consist of a series of units or buildings which

are not connected or part of the same structure if:

(1) such buildings or units are owned by the same

owner or operator,

(2) all residents of the units or buildings are fully

capable of ambulation to and from the buildings

or units,

(3) the location and construction of the buildings or

units ensure the health, safety, and protection

from fire hazards and other hazards and provide

Oklahoma Statutes - Title 63. Public Health and Safety Page 470

for the convenience and accessibility of the

residents to each residential building or unit,

(4) any out-of-doors premise or thoroughfare is

adequately maintained to ensure the health and

safety of the residents, and

(5) the buildings or units are within one hundred

seventy-five (175) feet of the building housing

the main kitchen and dining room. The units or

buildings must be located in the most convenient

and accessible location for residents;

provided, however, the leasing of rooms directly or

indirectly to residents of a home shall not void the

application of the provisions of the Residential Care

Act or rules promulgated pursuant thereto.

The State Board of Health shall promulgate rules for such

residential homes pursuant to the provisions of Section 1-836 of

this title;

13. "Licensee" means a person, corporation, partnership, or

association who is the owner of a home which is licensed pursuant to

the provisions of the Residential Care Act;

14. "Maintenance" means meals, shelter, and laundry services;

15. "Neglect" means failure to provide goods and/or services

necessary to avoid physical harm, mental anguish, or mental illness;

16. "Operator" means the person who is not the administrator

but who manages the home;

17. "Owner" means a person, corporation, partnership,

association, or other entity which owns or leases a home or part of

a home, directly or indirectly, to residents. The person or entity

that stands to profit or lose as a result of the financial success

or failure of the operation shall be presumed to be the owner of the

home;

18. "Personal care" means assistance with meals, dressing,

movement, bathing or other personal needs or maintenance, or general

supervision of the physical and mental well-being of a person, who

is incapable of maintaining a private, independent residence, or who

is unable to manage all activities of daily living without

assistance, whether or not a guardian has been appointed for the

person;

19. "Resident" means a person of legal age, residing in a home

due to illness, physical or mental infirmity, or advanced age;

20. "Representative of a resident" means a court-appointed

guardian, or if there is no court-appointed guardian, a relative or

other person designated in writing by the resident. No owner,

agent, employee, or person with a pecuniary interest in the

residential facility or relative thereof shall be a representative

of a resident unless the person is appointed by the court;

Oklahoma Statutes - Title 63. Public Health and Safety Page 471

21. "Supportive assistance" means the service rendered to any

person which is sufficient to enable the person to meet an adequate

level of daily living. Supportive assistance includes, but is not

limited to, housekeeping, assistance in the preparation of meals,

assistance in the safe storage, distribution and administration of

medications, and assistance in personal care as necessary for the

health and comfort of the person. The term "supportive assistance"

shall not be interpreted or applied so as to prohibit the

participation of residents in housekeeping or meal preparation tasks

as a part of the written treatment plan for the training,

habilitation or rehabilitation of the resident, prepared with the

participation of the resident, the mental health or drug or alcohol

services case manager assigned to the resident, and the

administrator of the facility or a designee; and

22. "Transfer" means a change in location of living

arrangements of a resident from one home to another home.
Okla. Stat. tit. 63, § 63-4015 — OK Code / Title 63 / Section 63-4015
Application required - Time - Contents
Status: in_force

Except as otherwise provided by Sections 4005 and 4024 of this

title, every owner of a vessel or motor possessing a certificate of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1622

title shall make an application for the registration of such vessel

or motor with Service Oklahoma or with a licensed operator within

thirty (30) calendar days from the purchase date, or from the

expiration of registration, or from the date the owner becomes a

resident of this state. The application shall contain such

information as shall be required by Service Oklahoma pursuant to the

provisions of the Oklahoma Vessel and Motor Registration Act,

Section 4002 et seq. of this title.
Okla. Stat. tit. 63, § 63-1-818.18 — OK Code / Title 63 / Section 63-1-818.18
Renumbered as § 1430.18 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-2200.21A — OK Code / Title 63 / Section 63-2200.21A
Effect of anatomical gift on advance health care
Status: in_force

directive.

A. As used in this section:

1. “Advance health care directive” means a power of attorney

for health care or a record signed or authorized by a prospective

Oklahoma Statutes - Title 63. Public Health and Safety Page 1367

donor containing the prospective donor’s direction concerning a

health care decision for the prospective donor;

2. “Declaration” means a record signed by a prospective donor

specifying the circumstances under which a life support system may

be withheld or withdrawn from the prospective donor; and

3. “Health care decision” means any decision regarding the

health care of the prospective donor.

B. If a prospective donor has a declaration or advance health

care directive and the terms of the declaration or directive and the

express or implied terms of a potential anatomical gift are in

conflict with regard to the administration of measures necessary to

ensure the medical suitability of a part for transplantation or

therapy, the prospective donor’s attending physician and prospective

donor shall confer to resolve the conflict. If the prospective

donor is incapable of resolving the conflict, an agent acting under

the prospective donor’s declaration or directive, or, if none or the

agent is not reasonably available, another person authorized by law

other than this act to make health care decisions on behalf of the

prospective donor, shall act for the donor to resolve the conflict.

The conflict must be resolved as expeditiously as possible.

Information relevant to the resolution of the conflict may be

obtained from the appropriate procurement organization and any other

person authorized to make an anatomical gift for the prospective

donor under Section 9 of this act. Before resolution of the

conflict, measures necessary to ensure the medical suitability of

the part may not be withheld or withdrawn from the prospective donor

if withholding or withdrawing the measures is not contraindicated by

appropriate end-of-life care.
Okla. Stat. tit. 63, § 63-2211 — OK Code / Title 63 / Section 63-2211
Donor notation on driver license
Status: in_force

In order to provide an expeditious procedure for a person to

make a gift of all or part of the body of the person pursuant to the

provisions of the Uniform Anatomical Gift Act, Service Oklahoma

shall make space available on the front and back of the driver

license and the identification card for an organ and tissue donor

notation. The donor notation shall identify the licensee or

cardholder as an organ and tissue donor for the purposes of the

Uniform Anatomical Gift Act. Any person may have the organ and

tissue donor notation removed from the records of the person

maintained by Service Oklahoma by notifying Service Oklahoma in

writing or by presenting the license or identification card to

Service Oklahoma or a licensed operator for replacement and payment

of the appropriate fee, pursuant to the provisions of Section 6-114

or subsection H of Section 6-105 of Title 47 of the Oklahoma

Statutes, and informing Service Oklahoma or the licensed operator

that the person desires to have the organ and tissue donor notation

removed from the license or identification card.
Okla. Stat. tit. 63, § 63-426.1 — OK Code / Title 63 / Section 63-426.1
Licensure revocation hearings to be recorded – Sharing information with law
Status: in_force

enforcement - Sharing information with political subdivisions – Certificate of compliance with

Oklahoma Statutes - Title 63. Public Health and Safety Page 36information with law enforcement - Sharing information with

political subdivisions – Certificate of compliance with political

subdivision.

A. All licensure revocation hearings conducted pursuant to

marijuana licenses established in the Oklahoma Statutes shall be

recorded. A party may request a copy of the recording of the

proceedings. Copies shall be provided to local law enforcement if

the revocation was based on alleged criminal activity.

B. The Oklahoma Medical Marijuana Authority shall assist any

law enforcement officer in the performance of his or her duties upon

such request by the law enforcement officer or the request of other

local officials having jurisdiction. Except for license information

concerning licensed patients, as defined in Section 427.2 of this

title, the Authority shall share information with law enforcement

agencies upon request without a subpoena or search warrant.

C. The Authority shall make available all information on

whether a medical marijuana patient or caregiver license is valid to

law enforcement electronically through an online verification

system.

D. The Authority shall make available to state agencies and

political subdivisions a list of marijuana-licensed premises,

medical marijuana businesses or any other premises where marijuana

or its by-products are licensed to be cultivated, grown, processed,

stored or manufactured to aid state agencies and county and

municipal governments in identifying locations within their

jurisdiction and ensuring compliance with applicable laws, rules and

regulations.

E. 1. Any marijuana-licensed premises, medical marijuana

business or any other premises where marijuana or its by-products

are licensed to be cultivated, grown, processed, stored or

manufactured shall submit with its application or request to change

location, after notifying the political subdivision of its intent, a

certificate of occupancy from the political subdivision or State

Fire Marshal where the facility of the applicant or licensee is to

be located certifying compliance with zoning classifications,

applicable municipal ordinances and all applicable safety,

electrical, fire, plumbing, waste, construction and building

specification codes. If the political subdivision does not have an

authority having a jurisdiction agreement on file with the Office of

the State Fire Marshal, the State Fire Marshal shall certify

Oklahoma Statutes - Title 63. Public Health and Safety Page 1113

compliance with all applicable safety, electrical, fire, plumbing,

waste, construction, and building specification codes.

2. Beginning on May 28, 2021, upon the initial request for

renewal or transfer of a retail marijuana dispensary license, a

municipal government may object to the continued licensure of the

medical marijuana dispensary if the municipal government determines

it is operating contrary to the required setback distance from a

school including the error in measurement allowance authorized by

Section 425 of this title.

3. To prevent the granting of the grandfather provisions of

Section 425 of this title as a matter of law, the municipal

government shall provide the following documentation prior to the

initial renewal or transfer of a license:

a. a municipal resolution finding that the marijuana

dispensary is located within the prohibited setback

distance from a school that was openly in existence in

such a way that the public generally would have known

of the school’s existence and operation in that

location prior to the original marijuana dispensary

being licensed. For purposes of this subparagraph,

“openly in existence” means any building, location or

structure on a school site that has visible outward

markings indicating the building, location or

structure was operating as a school which would serve

as sufficient notice of the existence of the school or

a reason for further inquiry on the part of the

marijuana dispensary license applicant. Openly in

existence shall not mean any school that operated

secretly or discreetly without any signs or other

markings on any building, location or structure on the

school site, undeveloped land or a structure owned by

a school that was not openly used and marked as a

school site, or any school site that was established

after the marijuana dispensary had been established

and licensed by the Authority, and

b. documentation of the measured distance from the school

to the marijuana dispensary utilizing the method for

determining the setback distance less any allowable

error in measurement calculated and remeasured on and

after the effective date of this act as authorized by

Section 425 of this title.

4. Prior to initial renewal or transfer of a license and upon

receipt of documentation required by paragraph 3 of this subsection,

if the Authority determines that the medical marijuana dispensary is

operating contrary to the required setback distance from a school

including the error in measurement allowance authorized by Section

425 of this title, the Authority may deny the renewal or transfer of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1114

the medical marijuana dispensary license and shall cause the license

to be revoked.

5. For purposes of this subsection, “school” means the same as

defined in Section 427.2 of this title.

Once a certificate of occupancy has been submitted to the

Oklahoma Medical Marijuana Authority showing full compliance as

outlined in this subsection, the licensee shall only need to submit

an affidavit for license renewal stating the premises continues to

comply with zoning classifications, applicable municipal ordinances,

and all applicable safety, electrical, fire, plumbing, waste,

construction, and building specification codes. An additional

certificate of occupancy along with an affidavit shall be submitted

if a change of use or occupancy occurs, or there is any change

concerning the facility or location that would, by law, require

additional inspection, licensure or permitting by the state or

municipality. Municipalities or the State Fire Marshal may

implement an inspection program to verify compliance with this

subsection. The Authority shall promulgate the rules necessary for

the affidavit provided in this subsection. If an application for

renewal is submitted in violation of the provisions of this

subsection or information provided on the affidavit is inaccurate or

untrue, the Authority shall suspend operations of the licensee’s

premises until compliance is reestablished. All existing medical

marijuana business licensees and registrants that do not possess a

valid certificate of occupancy, where required, shall be subject to

revocation until such time as a valid certificate of occupancy is

obtained for all applicable structures. This provision shall not

apply to medical marijuana business licensees and registrants who

submitted a full and complete application for a valid certificate of

occupancy to the State Fire Marshal or political subdivision with an

authority having a jurisdiction agreement on file with the State

Fire Marshal before February 1, 2024, and while the same application

remains under review by the State Fire Marshal or political

subdivision. Medical marijuana business licensees and registrants

are responsible for compliance with applicable state fire, building,

and electrical codes and may be liable for all damage that results

from noncompliance with state fire, building, and electrical codes

to the extent authorized by law.
Okla. Stat. tit. 63, § 63-1-745.41 — OK Code / Title 63 / Section 63-1-745.41
Venue
Status: in_force

A. Notwithstanding any other law, a civil action brought under

Section 9 of this act shall be brought in:

1. The county in which all or a substantial part of the events

or omissions giving rise to the claim occurred;

2. The county of residence for any one of the natural person

defendants at the time the cause of action accrued;

3. The county of the principal office in this state of any one

of the defendants that is not a natural person; or

4. The county of residence for the claimant if the claimant is

a natural person residing in this state.

B. If a civil action is brought under Section 9 of this act in

any one of the venues described by subsection A of this section, the

action shall not be transferred to a different venue without the

written consent of all parties.
Okla. Stat. tit. 63, § 63-4234 — OK Code / Title 63 / Section 63-4234
Unlawful acts regarding certificates
Status: in_force

It shall be unlawful for any person to:

1. Alter, forge, counterfeit or falsify any Boating Safety

Education Certificate issued under the laws of this or any other

state;

2. Possess a Boating Safety Education Certificate that has been

altered, forged, counterfeited or falsified;

3. Lend or to sell to, or knowingly permit the use of by one

not entitled thereto, any Boating Safety Education Certificate; or

4. Make a false statement or to knowingly conceal a material

fact or otherwise commit a fraud in any such application for a

Boating Safety Education Certificate.
Okla. Stat. tit. 63, § 63-2-101 — OK Code / Title 63 / Section 63-2-101
Definitions
Status: in_force

As used in the Uniform Controlled Dangerous Substances Act:

1. “Acute pain” means pain, whether resulting from disease,

accidental trauma, intentional trauma, or other cause that the

practitioner reasonably expects to last only a short period of time.

Acute pain does not include chronic pain, pain being treated as part

of cancer care, hospice or other end-of-life care, or pain being

treated as part of palliative care;

2. “Administer” means the direct application of a controlled

dangerous substance, whether by injection, inhalation, ingestion or

any other means, to the body of a patient, animal or research

subject by:

a. a practitioner (or, in the presence of the

practitioner, by the authorized agent of the

practitioner), or

b. the patient or research subject at the direction and

in the presence of the practitioner;

3. “Agent” means a peace officer appointed by and who acts on

behalf of the Director of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control or an authorized person who acts on behalf

of or at the direction of a person who manufactures, distributes,

dispenses, prescribes, administers or uses for scientific purposes

controlled dangerous substances but does not include a common or

contract carrier, public warehouser or employee thereof, or a person

required to register under the Uniform Controlled Dangerous

Substances Act;

4. “Anhydrous ammonia” means any substance that exhibits

cryogenic evaporative behavior and tests positive for ammonia;

5. “Board” means the Advisory Board to the Director of the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;

6. “Bureau” means the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control;

7. “Chronic pain” means pain that persists beyond the usual

course of an acute disease or healing of an injury. Chronic pain

may or may not be associated with an acute or chronic pathologic

process that causes continuous or intermittent pain over months or

years;

Oklahoma Statutes - Title 63. Public Health and Safety Page 876

8. “Coca leaves” includes cocaine and any compound,

manufacture, salt, derivative, mixture or preparation of coca

leaves, except derivatives of coca leaves which do not contain

cocaine or ecgonine;

9. “Commissioner” or “Director” means the Director of the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;

10. “Control” means to add, remove or change the placement of a

drug, substance or immediate precursor under the Uniform Controlled

Dangerous Substances Act;

11. “Controlled dangerous substance” means a drug, substance or

immediate precursor in Schedules I through V of the Uniform

Controlled Dangerous Substances Act or any drug, substance or

immediate precursor listed either temporarily or permanently as a

federally controlled substance. Any conflict between state and

federal law with regard to the particular schedule in which a

substance is listed shall be resolved in favor of state law;

12. “Counterfeit substance” means a controlled substance which,

or the container or labeling of which without authorization, bears

the trademark, trade name or other identifying marks, imprint,

number or device or any likeness thereof of a manufacturer,

distributor or dispenser other than the person who in fact

manufactured, distributed or dispensed the substance;

13. “Deliver” or “delivery” means the actual, constructive or

attempted transfer from one person to another of a controlled

dangerous substance or drug paraphernalia, whether or not there is

an agency relationship;

14. “Dispense” means to deliver a controlled dangerous

substance to an ultimate user or human research subject by or

pursuant to the lawful order of a practitioner, including the

prescribing, administering, packaging, labeling or compounding

necessary to prepare the substance for such distribution.

“Dispenser” is a practitioner who delivers a controlled dangerous

substance to an ultimate user or human research subject;

15. “Distribute” means to deliver other than by administering

or dispensing a controlled dangerous substance;

16. “Distributor” means a commercial entity engaged in the

distribution or reverse distribution of narcotics and dangerous

drugs and who complies with all regulations promulgated by the

federal Drug Enforcement Administration and the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control;

17. “Drug” means articles:

a. recognized in the official United States Pharmacopeia,

official Homeopathic Pharmacopoeia of the United

States, or official National Formulary, or any

supplement to any of them,

Oklahoma Statutes - Title 63. Public Health and Safety Page 877

b. intended for use in the diagnosis, cure, mitigation,

treatment or prevention of disease in man or other

animals,

c. other than food, intended to affect the structure or

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

d. intended for use as a component of any article

specified in this paragraph;

provided, however, the term drug does not include devices or their

components, parts or accessories;

18. “Drug paraphernalia” means all equipment, products, and

materials of any kind which are used, intended for use, or fashioned

specifically for use in planting, propagating, cultivating, growing,

harvesting, manufacturing, compounding, converting, producing,

processing, preparing, testing, analyzing, packaging, repackaging,

storing, containing, concealing, injecting, ingesting, inhaling, or

otherwise introducing into the human body, a controlled dangerous

substance in violation of the Uniform Controlled Dangerous

Substances Act including, but not limited to:

a. kits used, intended for use, or fashioned specifically

for use in planting, propagating, cultivating,

growing, or harvesting of any species of plant which

is a controlled dangerous substance or from which a

controlled dangerous substance can be derived,

b. kits used, intended for use, or fashioned specifically

for use in manufacturing, compounding, converting,

producing, processing, or preparing controlled

dangerous substances,

c. isomerization devices used, intended for use, or

fashioned specifically for use in increasing the

potency of any species of plant which is a controlled

dangerous substance,

d. testing equipment used, intended for use, or fashioned

specifically for use in identifying or in analyzing

the strength, effectiveness, or purity of controlled

dangerous substances,

e. scales and balances used, intended for use, or

fashioned specifically for use in weighing or

measuring controlled dangerous substances,

f. diluents and adulterants, such as quinine

hydrochloride, mannitol, mannite, dextrose, and

lactose used, intended for use, or fashioned

specifically for use in cutting controlled dangerous

substances,

g. separation gins and sifters used, intended for use, or

fashioned specifically for use in removing twigs and

seeds from, or in otherwise cleaning or refining,

marijuana,

Oklahoma Statutes - Title 63. Public Health and Safety Page 878

h. blenders, bowls, containers, spoons, and mixing

devices used, intended for use, or fashioned

specifically for use in compounding controlled

dangerous substances,

i. capsules, balloons, envelopes, and other containers

used, intended for use, or fashioned specifically for

use in packaging small quantities of controlled

dangerous substances,

j. containers and other objects used, intended for use,

or fashioned specifically for use in parenterally

injecting controlled dangerous substances into the

human body,

k. hypodermic syringes, needles, and other objects used,

intended for use, or fashioned specifically for use in

parenterally injecting controlled dangerous substances

into the human body, except as authorized by Section

2-1101 of this title,

l. objects used, intended for use, or fashioned

specifically for use in ingesting, inhaling, or

otherwise introducing marijuana, cocaine, hashish, or

hashish oil into the human body, such as:

(1) metal, wooden, acrylic, glass, stone, plastic, or

ceramic pipes with or without screens, permanent

screens, hashish heads, or punctured metal bowls,

(2) water pipes,

(3) carburetion tubes and devices,

(4) smoking and carburetion masks,

(5) roach clips, meaning objects used to hold burning

material, such as a marijuana cigarette, that has

become too small or too short to be held in the

hand,

(6) miniature cocaine spoons and cocaine vials,

(7) chamber pipes,

(8) carburetor pipes,

(9) electric pipes,

(10) air-driven pipes,

(11) chillums,

(12) bongs, or

(13) ice pipes or chillers,

m. all hidden or novelty pipes, and

n. any pipe that has a tobacco bowl or chamber of less

than one-half (1/2) inch in diameter in which there is

any detectable residue of any controlled dangerous

substance as defined in this section or any other

substances not legal for possession or use;

provided, however, the term drug paraphernalia shall not include

separation gins intended for use in preparing tea or spice, clamps

Oklahoma Statutes - Title 63. Public Health and Safety Page 879

used for constructing electrical equipment, water pipes designed for

ornamentation in which no detectable amount of an illegal substance

is found or pipes designed and used solely for smoking tobacco,

traditional pipes of an American Indian tribal religious ceremony,

antique pipes that are thirty (30) years of age or older, or drug

testing strips possessed by a person for purposes of determining the

presence of fentanyl or a fentanyl-related compound;

19. “Drug-dependent person” means a person who is using a

controlled dangerous substance and who is in a state of psychic or

physical dependence, or both, arising from administration of that

controlled dangerous substance on a continuous basis. Drug

dependence is characterized by behavioral and other responses which

include a strong compulsion to take the substance on a continuous

basis in order to experience its psychic effects, or to avoid the

discomfort of its absence;

20. “Harm-reduction services” means programs established to:

a. reduce the spread of infectious diseases related to

injection drug use,

b. reduce drug dependency, overdose deaths, and

associated complications, and

c. increase safe recovery and disposal of used syringes

and sharp waste;

21. “Hazardous materials” means materials, whether solid,

liquid, or gas, which are toxic to human, animal, aquatic, or plant

life, and the disposal of such materials is controlled by state or

federal guidelines;

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

partnership, association, corporation, or other organization which

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

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

of residence;

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

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

24. “Hospice” means a centrally administered, nonprofit or for-

profit, medically directed, nurse-coordinated program which provides

a continuum of home and inpatient care for the terminally ill

patient and the patient’s family. Such term shall also include a

centrally administered, nonprofit or for-profit, medically directed,

nurse-coordinated program if such program is licensed pursuant to

the provisions of the Uniform Controlled Dangerous Substances Act.

A hospice program offers palliative and supportive care to meet the

special needs arising out of the physical, emotional and spiritual

stresses which are experienced during the final stages of illness

and during dying and bereavement. This care is available twenty-

four (24) hours a day, seven (7) days a week, and is provided on the

basis of need, regardless of ability to pay. “Class A” Hospice

Oklahoma Statutes - Title 63. Public Health and Safety Page 880

refers to Medicare-certified hospices. “Class B” refers to all

other providers of hospice services;

25. “Imitation controlled substance” means a substance that is

not a controlled dangerous substance, which by dosage unit

appearance, color, shape, size, markings or by representations made,

would lead a reasonable person to believe that the substance is a

controlled dangerous substance, or is a drug intended solely for

veterinary purposes that is not a controlled dangerous substance and

is being used outside of the scope of practice or normal course of

business, as defined by the State Board of Veterinary Medical

Examiners, or is a federal Food and Drug Administration-approved

drug that is not a controlled dangerous substance and is being used

outside the scope of approval for illicit purposes such as

adulterating or lacing other controlled dangerous substances. In

the event the appearance of the dosage unit or use is not reasonably

sufficient to establish that the substance is an imitation

controlled substance, the court or authority concerned should

consider, in addition to all other factors, the following factors:

a. statements made by an owner or by any other person in

control of the substance concerning the nature of the

substance, or its use or effect,

b. statements made to the recipient that the substance

may be resold for inordinate profit,

c. whether the substance is packaged in a manner normally

used for illicit controlled substances,

d. evasive tactics or actions utilized by the owner or

person in control of the substance to avoid detection

by law enforcement authorities,

e. prior convictions, if any, of an owner, or any other

person in control of the object, under state or

federal law related to controlled substances or fraud,

and

f. the proximity of the substances to controlled

dangerous substances;

26. “Immediate precursor” means a substance which the Director

has found to be and by regulation designates as being the principal

compound commonly used or produced primarily for use, and which is

an immediate chemical intermediary used, or likely to be used, in

the manufacture of a controlled dangerous substance, the control of

which is necessary to prevent, curtail or limit such manufacture;

27. “Initial prescription” means a prescription issued to a

patient who:

a. has never previously been issued a prescription for

the drug or its pharmaceutical equivalent in the past

year, or

b. requires a prescription for the drug or its

pharmaceutical equivalent due to a surgical procedure

Oklahoma Statutes - Title 63. Public Health and Safety Page 881

or new acute event and has previously had a

prescription for the drug or its pharmaceutical

equivalent within the past year.

When determining whether a patient was previously issued a

prescription for a drug or its pharmaceutical equivalent, the

practitioner shall consult with the patient and review the medical

record and prescription monitoring information of the patient;

28. “Isomer” means the optical isomer, except as used in

subsections C and F of Section 2-204 of this title and paragraph 4

of subsection A of Section 2-206 of this title. As used in

subsections C and F of Section 2-204 of this title, isomer means the

optical, positional, or geometric isomer. As used in paragraph 4 of

subsection A of Section 2-206 of this title, the term isomer means

the optical or geometric isomer;

29. “Laboratory” means a laboratory approved by the Director as

proper to be entrusted with the custody of controlled dangerous

substances and the use of controlled dangerous substances for

scientific and medical purposes and for purposes of instruction;

30. “Manufacture” means the production, preparation,

propagation, compounding or processing of a controlled dangerous

substance, either directly or indirectly by extraction from

substances of natural or synthetic origin, or independently by means

of chemical synthesis or by a combination of extraction and chemical

synthesis. “Manufacturer” includes any person who packages,

repackages or labels any container of any controlled dangerous

substance, except practitioners who dispense or compound

prescription orders for delivery to the ultimate consumer;

31. “Marijuana” means all parts of the plant Cannabis sativa

L., whether growing or not; the seeds thereof; the resin extracted

from any part of such plant; and every compound, manufacture, salt,

derivative, mixture or preparation of such plant, its seeds or

resin, but shall not include:

a. the mature stalks of such plant or fiber produced from

such stalks,

b. oil or cake made from the seeds of such plant,

including cannabidiol derived from the seeds of the

marijuana plant,

c. any other compound, manufacture, salt, derivative,

mixture or preparation of such mature stalks (except

the resin extracted therefrom), including cannabidiol

derived from mature stalks, fiber, oil or cake,

d. the sterilized seed of such plant which is incapable

of germination,

e. for any person participating in a clinical trial to

administer cannabidiol for the treatment of severe

forms of epilepsy pursuant to Section 2-802 of this

title, a drug or substance approved by the federal

Oklahoma Statutes - Title 63. Public Health and Safety Page 882

Food and Drug Administration for use by those

participants,

f. for any person or the parents, legal guardians or

caretakers of the person who have received a written

certification from a physician licensed in this state

that the person has been diagnosed by a physician as

having Lennox-Gastaut syndrome, Dravet syndrome, also

known as severe myoclonic epilepsy of infancy, or any

other severe form of epilepsy that is not adequately

treated by traditional medical therapies, spasticity

due to multiple sclerosis or due to paraplegia,

intractable nausea and vomiting, appetite stimulation

with chronic wasting diseases, the substance

cannabidiol, a nonpsychoactive cannabinoid, found in

the plant Cannabis sativa L. or any other preparation

thereof, that has a tetrahydrocannabinol concentration

not more than three-tenths of one percent (0.3%) and

that is delivered to the patient in the form of a

liquid,

g. any federal Food and Drug Administration-approved drug

or substance, or

h. industrial hemp, from the plant Cannabis sativa L. and

any part of such plant, whether growing or not, with a

delta-9 tetrahydrocannabinol concentration not more

than three-tenths of one percent (0.3%) on a dry-

weight basis which shall only be grown pursuant to the

Oklahoma Industrial Hemp Program and may be shipped

intrastate and interstate;

32. “Medical purpose” means an intention to utilize a

controlled dangerous substance for physical or mental treatment, for

diagnosis, or for the prevention of a disease condition not in

violation of any state or federal law and not for the purpose of

satisfying physiological or psychological dependence or other abuse;

33. “Mid-level practitioner” means an Advanced Practice

Registered Nurse as defined and within parameters specified in

Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified

animal euthanasia technician as defined in Section 698.2 of Title 59

of the Oklahoma Statutes, or an animal control officer registered by

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

under subsection B of Section 2-301 of this title within the

parameters of such officer’s duties under Sections 501 through 508

of Title 4 of the Oklahoma Statutes;

34. “Narcotic drug” means any of the following, whether

produced directly or indirectly by extraction from substances of

vegetable origin, or independently by means of chemical synthesis,

or by a combination of extraction and chemical synthesis:

a. opium, coca leaves and opiates,

Oklahoma Statutes - Title 63. Public Health and Safety Page 883

b. a compound, manufacture, salt, derivative or

preparation of opium, coca leaves or opiates,

c. cocaine, its salts, optical and geometric isomers, and

salts of isomers,

d. ecgonine, its derivatives, their salts, isomers and

salts of isomers, and

e. a substance, and any compound, manufacture, salt,

derivative or preparation thereof, which is chemically

identical with any of the substances referred to in

subparagraphs a through d of this paragraph, except

that the words narcotic drug as used in Section 2-101

et seq. of this title shall not include decocainized

coca leaves or extracts of coca leaves, which extracts

do not contain cocaine or ecgonine;

35. “Opiate” or “opioid” means any Schedule II, III, IV or V

substance having an addiction-forming or addiction-sustaining

liability similar to morphine or being capable of conversion into a

drug having such addiction-forming or addiction-sustaining

liability. The terms do not include, unless specifically designated

as controlled under the Uniform Controlled Dangerous Substances Act,

the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its

salts (dextromethorphan). The terms do include the racemic and

levorotatory forms;

36. “Opium poppy” means the plant of the species Papaver

somniferum L., except the seeds thereof;

37. “Palliative care” means a specialized medical service for

people of any age and at any stage of a serious illness or life-

altering medical event that focuses on navigating complex medical

decisions while providing patient autonomy and access to

information. Utilizing a holistic and interdisciplinary team

approach, palliative care addresses physical, intellectual,

emotional, social, and spiritual needs. Palliative care may be

provided in the inpatient, outpatient, or home care setting and

strives to improve quality of life for both the patient and the

family;

38. “Patient-provider agreement” means a written contract or

agreement that is executed between a practitioner and a patient

prior to the commencement of treatment for chronic pain using an

opioid drug as a means to:

a. explain the possible risk of development of physical

or psychological dependence in the patient and prevent

the possible development of addiction,

b. document the understanding of both the practitioner

and the patient regarding the patient-provider

agreement of the patient,

c. establish the rights of the patient in association

with treatment and the obligations of the patient in

Oklahoma Statutes - Title 63. Public Health and Safety Page 884

relation to the responsible use, discontinuation of

use, and storage of opioid drugs, including any

restrictions on the refill of prescriptions or the

acceptance of opioid prescriptions from practitioners,

d. identify the specific medications and other modes of

treatment, including physical therapy or exercise,

relaxation, or psychological counseling, that are

included as a part of the patient-provider agreement,

e. specify the measures the practitioner may employ to

monitor the compliance of the patient including, but

not limited to, random specimen screens and pill

counts, and

f. delineate the process for terminating the agreement,

including the consequences if the practitioner has

reason to believe that the patient is not complying

with the terms of the agreement. Compliance with the

consent items described in this paragraph shall

constitute a valid, informed consent for opioid

therapy. The practitioner shall be held harmless from

civil litigation for failure to treat pain if the

event occurs because of nonadherence by the patient

with any of the provisions of the patient-provider

agreement;

39. “Peace officer” means a police officer, sheriff, deputy

sheriff, district attorney’s investigator, investigator from the

Office of the Attorney General, or any other person elected or

appointed by law to enforce any of the criminal laws of this state

or of the United States;

40. “Person” means an individual, corporation, government or

governmental subdivision or agency, business trust, estate, trust,

partnership or association, or any other legal entity;

41. “Poppy straw” means all parts, except the seeds, of the

opium poppy, after mowing;

42. “Practitioner” means:

a. (1) a medical doctor or osteopathic physician,

(2) a dentist,

(3) a podiatrist,

(4) an optometrist,

(5) a veterinarian,

(6) an Advanced Practice Registered Nurse under the

supervision of a licensed medical doctor or

osteopathic physician, or a physician assistant,

(7) a scientific investigator, or

(8) any other person,

licensed, registered or otherwise permitted to

prescribe, distribute, dispense, conduct research with

respect to, use for scientific purposes or administer

Oklahoma Statutes - Title 63. Public Health and Safety Page 885

a controlled dangerous substance in the course of

professional practice or research in this state, or

b. a pharmacy, hospital, laboratory or other institution

licensed, registered or otherwise permitted to

distribute, dispense, conduct research with respect

to, use for scientific purposes or administer a

controlled dangerous substance in the course of

professional practice or research in this state;

43. “Production” includes the manufacture, planting,

cultivation, growing or harvesting of a controlled dangerous

substance;

44. “Serious illness” means a medical illness or physical

injury or condition that substantially affects quality of life for

more than a short period of time. Serious illness includes, but is

not limited to, Alzheimer’s disease or related dementias, lung

disease, cancer, heart failure, renal failure, liver failure, or

chronic, unremitting, or intractable pain such as neuropathic pain;

45. “State” means the State of Oklahoma or any other state of

the United States;

46. “Straw person” or “straw party”, also known as a “front”,

means a third party who:

a. is put up in name only to take part in a transaction

or otherwise is a nominal party to a transaction with

no actual control,

b. acts on behalf of another person to obtain title to

property and executes documents and instruments the

principal may direct respecting property, or

c. purchases property for another for the purpose of

concealing the identity of the real purchaser or to

accomplish some purpose otherwise in violation of the

Oklahoma Statutes;

47. “Surgical procedure” means a procedure that is performed

for the purpose of structurally altering the human body by incision

or destruction of tissues as part of the practice of medicine. This

term includes the diagnostic or therapeutic treatment of conditions

or disease processes by use of instruments such as lasers,

ultrasound, ionizing, radiation, scalpels, probes, or needles that

cause localized alteration or transportation of live human tissue by

cutting, burning, vaporizing, freezing, suturing, probing, or

manipulating by closed reduction for major dislocations or

fractures, or otherwise altering by any mechanical, thermal, light-

based, electromagnetic, or chemical means;

48. a. “Synthetic controlled substance” means a substance:

(1) the chemical structure of which is substantially

similar to the chemical structure of a controlled

dangerous substance in Schedule I or II,

Oklahoma Statutes - Title 63. Public Health and Safety Page 886

(2) which has a stimulant, depressant, or

hallucinogenic effect on the central nervous

system that is substantially similar to or

greater than the stimulant, depressant, or

hallucinogenic effect on the central nervous

system of a controlled dangerous substance in

Schedule I or II, or

(3) with respect to a particular person, which such

person represents or intends to have a stimulant,

depressant, or hallucinogenic effect on the

central nervous system that is substantially

similar to or greater than the stimulant,

depressant, or hallucinogenic effect on the

central nervous system of a controlled dangerous

substance in Schedule I or II.

b. The designation of gamma-butyrolactone or any other

chemical as a precursor, pursuant to Section 2-322 of

this title, does not preclude a finding pursuant to

subparagraph a of this paragraph that the chemical is

a synthetic controlled substance.

c. Synthetic controlled substance does not include:

(1) a controlled dangerous substance,

(2) any substance for which there is an approved new

drug application,

(3) with respect to a particular person any

substance, if an exemption is in effect for

investigational use, for that person under the

provisions of Section 505 of the Federal Food,

Drug, and Cosmetic Act, 21 U.S.C., Section 355,

to the extent conduct with respect to such

substance is pursuant to such exemption, or

(4) any substance to the extent not intended for

human consumption before such an exemption takes

effect with respect to that substance.

d. Prima facie evidence that a substance containing

salvia divinorum has been enhanced, concentrated, or

chemically or physically altered shall give rise to a

rebuttable presumption that the substance is a

synthetic controlled substance;

49. “Tetrahydrocannabinols” means all substances that have been

chemically synthesized to emulate the tetrahydrocannabinols of

marijuana, specifically including any tetrahydrocannabinols derived

from industrial hemp; and

50. “Ultimate user” means a person who lawfully possesses a

controlled dangerous substance for the person’s own use or for the

use of a member of the person’s household or for administration to

Oklahoma Statutes - Title 63. Public Health and Safety Page 887

an animal owned by the person or by a member of the person’s

household.
Okla. Stat. tit. 63, § 63-1-1515 — OK Code / Title 63 / Section 63-1-1515
Clean Air in Restaurants Act - Restaurant rebate
Status: in_force

program.

A. This section shall be known and may be cited as the “Clean

Air in Restaurants Act”.

Oklahoma Statutes - Title 63. Public Health and Safety Page 633

B. The Legislature hereby finds:

1. Numerous studies have found that tobacco smoke is a major

contributor to indoor air pollution;

2. Reliable studies have shown that breathing secondhand smoke

is a cause of disease, including lung cancer, in healthy nonsmokers.

At special risk are elderly people, children, people with

cardiovascular disease, and individuals with impaired respiratory

function, including asthmatics and those with obstructive airway

disease; and

3. Health hazards induced by breathing secondhand smoke include

lung cancer, respiratory infection, decreased exercise tolerance,

decreased respiratory function, bronchoconstriction, and

bronchospasm.

C. 1. The State Department of Health is hereby authorized to

implement a rebate program for the purpose of reimbursing persons or

entities that own restaurants located in this state for expenses

incurred prior to November 1, 2010, in complying with the

requirements imposed by subsection J of Section 1247 of Title 21 of

the Oklahoma Statutes. The rebate shall be equal to fifty percent

(50%) of the original expenditure, minus depreciation costs, and

shall only be disbursed if the restaurant converts to a completely

smoke-free environment no later than January 1, 2013.

2. The Department shall be required to utilize the proceeds

generated by the Tobacco Prevention and Cessation Revolving Fund in

funding the rebate program and shall promulgate such rules as are

necessary to implement the provisions of the program.
Okla. Stat. tit. 63, § 63-2-505 — OK Code / Title 63 / Section 63-2-505
Summary forfeiture of certain substances
Status: in_force

A. All controlled substances in Schedule I of Section 2-204 of

this title and all controlled substances in Schedules II, III, IV,

and V that are not in properly labeled containers in accordance with

this act that are possessed, transferred, sold, or offered for sale

in violation of this act are deemed contraband and shall be seized

and summarily forfeited.

B. All hazardous materials and all property contaminated with

hazardous materials described in paragraph 2 of subsection A of

Section 2-503 of this title, used or intended to be used by persons

to unlawfully manufacture or attempt to manufacture any controlled

dangerous substance, shall be summarily forfeited to the state and

submitted to the Oklahoma State Bureau of Investigation for prompt

destruction in accordance with state and federal laws.

C. Species of plants from which controlled substances in

Schedules I or II of the Uniform Controlled Dangerous Substances Act

may be derived which have been planted or cultivated in violation of

the Uniform Controlled Dangerous Substances Act, or of which the

owners or cultivators are unknown, or which are wild growths, may be

seized by peace officers, summarily forfeited and, in lieu of the

eradication procedures contained in Section 2-509 of this title,

promptly cut and burned where seized or destroyed by applications of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1030

herbicides approved for such purpose and registered for use in

Oklahoma by the Oklahoma Department of Agriculture, Food, and

Forestry. The Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control shall ensure that persons spraying the plants are

trained in the appropriate use of the herbicide and any safety and

protection issues pursuant to the requirements of the Oklahoma

Department of Agriculture, Food, and Forestry.
Okla. Stat. tit. 63, § 63-1-725.11 — OK Code / Title 63 / Section 63-1-725.11
Definitions
Status: in_force

As used in this act:

Oklahoma Statutes - Title 63. Public Health and Safety Page 286

1. “Ancillary service” means a hospital item or service that a

hospital customarily provides as part of a shoppable service;

2. “Chargemaster” means the list of all hospital items or

services maintained by a hospital for which the hospital has

established a charge;

3. “De-identified maximum negotiated charge” means the highest

charge that a hospital has negotiated with all third-party payors

for a hospital item or service;

4. “De-identified minimum negotiated charge” means the lowest

charge that a hospital has negotiated with all third-party payors

for a hospital item or service;

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

6. “Discounted cash price” means the charge that applies to an

individual who pays cash, or a cash equivalent, for a hospital item

or service;

7. “Gross charge” means the charge for a hospital item or

service that is reflected on a hospital’s chargemaster, absent any

discounts;

8. “Hospital” means a hospital:

a. licensed under Section 1-702 of Title 63 of the

Oklahoma Statutes, or

b. owned or operated by a state agency;

9. “Hospital items or services” means all items and services,

including individual items and services and service packages, that

may be provided by a hospital to a patient in connection with an

inpatient admission or an outpatient department visit, as

applicable, for which the hospital has established a standard

charge, including:

a. supplies and procedures,

b. room and board,

c. use of the facility and other areas, generally

referred to as facility fees,

d. services of physicians and non-physician

practitioners, generally referred to as professional

charges, and

e. any other item or service for which a hospital has

established a standard charge;

10. “Machine-readable format” means a digital representation of

information in a file that can be imported or read into a computer

system for further processing. The term includes Extensible Markup

Language (.XML), JavaScript Object Notation (.JSON), and Comma-

Separated Values (.CSV) formats;

11. “Payor-specific negotiated charge” means the charge that a

hospital has negotiated with a third-party payor for a hospital item

or service;

Oklahoma Statutes - Title 63. Public Health and Safety Page 287

12. “Service package” means an aggregation of individual

hospital items or services into a single service with a single

charge;

13. “Shoppable service” means a service that may be scheduled

by a health care consumer in advance;

14. “Standard charge” means the regular rate established by the

hospital for a hospital item or service provided to a specific group

of paying patients. The term includes all of the following, as

defined under this section:

a. the gross charge,

b. the payor-specific negotiated charge,

c. the de-identified minimum negotiated charge,

d. the de-identified maximum negotiated charge, and

e. the discounted cash price; and

15. “Third-party payor” means an entity that is, by statute,

contract, or agreement, legally responsible for payment of a claim

for a hospital item or service.
Okla. Stat. tit. 63, § 63-1-2416 — OK Code / Title 63 / Section 63-1-2416
Renumbered as § 2-10-701 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-5011.1 — OK Code / Title 63 / Section 63-5011.1
State-purchased health care benefits – Optometrists to
Status: in_force

be permitted to provide vision care or medical diagnosis and

treatment of the eye.

A. All state-purchased and state-subsidized health care benefit

plans, including but not limited to Medicaid, which offer services

for vision care or medical diagnosis and treatment for the eye shall

allow optometrists to be providers of those services. Such state-

purchased and state-subsidized health care benefit plans shall also

require equal payment for the same services provided by an

optometrist if the services are within the scope of practice of

optometry.

B. With respect to optometric services, any state-purchased and

state-subsidized health care benefit plan, including but not limited

to Medicaid, which uses a gatekeeper or equivalent for referrals for

services for vision care or for medical diagnosis and treatment of

the eye, shall require such covered services be provided on a

referral basis within the medical group or network at the request of

an enrollee who has a condition requiring vision care or medical

diagnosis and treatment of the eye if:

1. A referral is necessitated in the judgment of the primary

care physician; and

2. Treatment for the condition falls within the licensed scope

of practice of an optometrist.

C. All state-purchased and state-subsidized health care benefit

plans shall have a defined set of standards and procedures for

selecting providers, including specialists, to serve enrollees. The

standards and procedures shall be drafted in such a manner that they

are applicable to all categories of providers and shall be utilized

by the health plan in a manner that is without bias for or

discrimination against a particular category or categories of

providers.

D. No health care benefit plan specified by this section shall

require a provider to have hospital privileges if hospital

privileges are not usual and customary for the services the provider

provides.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1718

E. Nothing in this section shall be construed to:

1. Prohibit any state-purchased and state-subsidized health

care benefit plan which offers services for vision care or medical

diagnosis and treatment for the eye from determining the adequacy of

the size of its network;

2. Prohibit an optometrist from agreeing to a fee schedule;

3. Limit, expand, or otherwise affect the scope of practice of

optometry; or

4. Alter, repeal, modify or affect the laws of this state

except where such laws are in conflict or are inconsistent with the

express provisions of this section.

F. Existing state-purchased and state-subsidized health care

benefit plans shall comply with the requirements of this section

upon issuance or renewal on or after the effective date of this act.
Okla. Stat. tit. 63, § 63-4025 — OK Code / Title 63 / Section 63-4025
Payment of fees and taxes by check - Nonpayment of check
Status: in_force

- Cancellation of title and registration - Credit of motor license

agent's account - Collection - Penalties.

A. When, at the time of titling and registration of any vessel

or motor payment is made by check for fees and taxes and the check

is not paid by the bank on which drawn for any reason, such

certificate of title or registration and other such instruments

issued at the time of titling or registration of such vessel or

motor shall be canceled immediately, without notice, by the

Commission or motor license agent who issued such title or

registration certificate. In all such cases the title or

registration certificate, number, receipt, and any other official

document issued at the time of the acceptance of such check shall be

null and void and returned to the issuer.

B. The motor license agent shall transmit all documents and the

dishonored check to the Oklahoma Tax Commission for credit to the

motor license agent's account. The Commission may enter into a

contract for the collection of dishonored checks and canceled

instruments.

C. In all such cases, such vessels or motors shall be subject

to the fees and penalties provided in the Oklahoma Vessel and Motor

Registration Act as though no attempt to register the vehicle had

been made and a further penalty of Twenty-five Dollars ($25.00)

shall be assessed.
Okla. Stat. tit. 63, § 63-1-745.56 — OK Code / Title 63 / Section 63-1-745.56
Affirmative defense
Status: in_force

A. 1. A defendant against whom an action is brought under

Section 5 of this act may assert an affirmative defense to liability

under this section if:

a. the defendant has standing to assert the rights of

women seeking an abortion under the tests for third-

party standing established by the United States

Supreme Court, and

b. the imposition of civil liability on the defendant

will result in an undue burden on a woman or group of

women seeking an abortion.

2. The defendant shall bear the burden of proving the

affirmative defense in this subsection by a preponderance of the

evidence.

B. The affirmative defense under subsection A of this section

shall not be available if the United States Supreme Court overrules

Roe v. Wade, 410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505

U.S. 833 (1992), regardless of whether the conduct on which the

cause of action is based under Section 5 of this act occurred before

the Supreme Court overruled either of those decisions.

C. Nothing in this section or this act shall in any way limit

or preclude a defendant from asserting the defendant's personal

constitutional rights as a defense to liability under Section 5 of

this act, and a court shall not award relief under Section 5 of this

act if the conduct for which the defendant has been sued was an

exercise of state or federal constitutional rights that personally

belong to the defendant.

Oklahoma Statutes - Title 63. Public Health and Safety Page 416

D. Nothing in this section or this act shall limit or preclude

a defendant from asserting the unconstitutionality of any provision

of this act as a defense to liability under Section 5 of this act.
Okla. Stat. tit. 63, § 63-1-1990.11 — OK Code / Title 63 / Section 63-1-1990.11
Statewide coordinator of system — Promulgation of
Status: in_force

rules.

A. The Commissioner of Public Safety shall be the statewide

coordinator of the Kasey Alert system and shall coordinate with

Oklahoma Statutes - Title 63. Public Health and Safety Page 801

media outlets for the rapid and accurate announcement of a Kasey

Alert to the public.

B. The Department of Public Safety shall promulgate rules as

necessary to implement this act, provided that the rules shall

include the following:

1. The procedure to be used by law enforcement agencies to

verify whether an adult who has been reported missing is believed to

be at risk of abduction or being taken against his or her will;

2. The criteria for law enforcement agencies to consider in

circumstances in which a missing person may not meet the definition

of a critically missing adult but whose safety would be best

protected by the issuance of a Kasey Alert;

3. The procedure for law enforcement agencies to follow in

initiating a statewide Kasey Alert;

4. The method whereby information is distributed to statewide

media outlets;

5. The procedure for the receipt and evaluation of information

received from the public about a critically missing adult; and

6. The procedure for the termination of a Kasey Alert.
Okla. Stat. tit. 63, § 63-1-317 — OK Code / Title 63 / Section 63-1-317
See the following versions:
Status: in_force

OS 63-1-317v1 (SB 707, Laws 2024, c. 251, § 1)

OS 63-1-317v2 (HB 1688, Laws 2025, c. 58, § 5)

OS 63-1-317v3 (HB 2584, Laws 2025, c. 343, § 7)
Okla. Stat. tit. 63, § 63-1-852 — OK Code / Title 63 / Section 63-1-852
Long-term care facility certificate of need –
Status: in_force

Requirements - Exemptions.

A. Every entity desiring to establish a new long-term care

facility, to expand an existing facility whether through

construction or conversion of facilities, or to acquire an existing

long-term care facility shall make application to the State

Department of Health for a certificate of need. The application for

a certificate of need shall be in such form as the State

Commissioner of Health shall prescribe.

B. A certificate of need shall be required for:

1. Any capital investment or lease of One Million Dollars

($1,000,000.00) or more, including predevelopment activities such as

arrangements and commitments for financing, architectural designs,

plans, working drawings, specifications, and site acquisition;

provided, that this dollar limit shall not apply to a change in bed

capacity;

2. Acquisition of the ownership or operation of a facility

whether by purchase, lease, donation, transfer of stock or interest,

management contract, corporate merger, assignment, or through

foreclosure; and

3. An increase in licensed beds, whether through establishment

of a new facility or expansion of an existing facility.

C. The Department within fifteen (15) days after receipt of an

application, shall issue an exemption from certificate of need

requirements upon written request and demonstration that applicable

exemption criteria have been met, for any of the following

activities:

1. An increase of no more than ten beds or ten percent (10%) of

the facility’s licensed beds, whichever is greater, per calendar

year if:

a. the total capital cost of the increase is less than

One Million Dollars ($1,000,000.00), and

Oklahoma Statutes - Title 63. Public Health and Safety Page 496

b. the facility’s occupancy rate averaged ninety-three

percent (93%) or more during the twelve (12) months

preceding the filing of the exemption request;

2. Construction of a long-term care facility to replace or

relocate all or part of the licensed bed capacity of an existing

facility if:

a. the project involves no increase in licensed beds;

b. the facility shall be constructed no farther than

three (3) miles for rural areas and seven and one-half

(7 1/2) miles for urban areas, as defined by the

Standard Metropolitan Statistical Area (SMSA), from

the facility it is replacing or relocating, and

c. a plan for the use of the facility to be replaced or

relocated is provided that ensures continuity of

services; and

3. A management agreement if:

a. the management entity discloses all persons with

controlling interest in the management entity and

discloses all experience in long-term care facility

management or operation in any state during the

preceding thirty-six (36) months,

b. the management entity and any person with controlling

interest if the management entity has less than

thirty-six (36) months experience in management or

operation of facilities, does not have a history of

noncompliance, and

c. the licensed entity remains responsible for facility

operation, financial performance, staffing and

delivery of resident services required under the

Nursing Home Care Act.

D. A certificate of need shall not be required for:

1. Any changes of ownership resulting from the operation of

law, including but not limited to divorce, probate, reversions and

bankruptcy if the transfer of interest is to any already existing

stockholder or person or entity listed on the license application

disclosure statement. This shall also include cancellations and

expirations of leases. Operational law ownership changes shall be

reported to the Department within five (5) working days of the

change;

2. Ownership changes for estate planning purposes, treasury

stock purchases, and transfers between existing owners and/or family

members; increases in the amount of common stock or partnership

interest for any individual who already owns fifty percent (50%) of

the common stock or corporate entity involved or controls fifty

percent (50%) or more of the interest in the partnership involved;

and

Oklahoma Statutes - Title 63. Public Health and Safety Page 497

3. New purchases of common stock or partnership interest by any

legal entity if such new purchaser will own, in total, less than

fifty percent (50%) of the corporate entity involved or partnership

involved.

E. All applicants for the issuance of a certificate of need, at

such time and in such manner as required by the Department, shall

file:

1. A disclosure statement with their applications unless the

applicant is a publicly held company required to file periodic

reports under the Securities and Exchange Act of 1934, or a wholly

owned subsidiary of a publicly held company. In such case, the

applicant shall not be required to submit a disclosure statement,

but shall submit the most recent annual and quarterly reports

required by the Securities and Exchange Commission, which provide

information regarding legal proceedings in which the applicant has

been involved;

2. Copies of residents council minutes and family council

minutes, if any, and the facility's written response to the

councils' requests or grievances, for the three (3) months prior to

the date of application, for each of the applicant's current

holdings in the State of Oklahoma; and

3. Such other relevant information required by the Department

pursuant to the Long-term Care Certificate of Need Act that relates

to the competency, reliability, or responsibility of the applicant

and affiliated persons.

F. An application for a certificate of need shall be signed

under oath by the applicant.

G. Promptly upon receipt of any such application, the

Department shall examine and transmit the application to reviewing

bodies selected by the Department to assist the Department in

determining whether the application is complete. Once the

Department has determined that the application is complete, it shall

notify the affected parties and other reviewing bodies and cause a

thorough investigation to be made of the need for and

appropriateness of the new or any long-term care service

acquisition, expansion, or establishment of a new facility.

H. Except as provided by Section 1-853.1 of this title, the

investigation made pursuant to an application for a certificate of

need shall include the following:

1. The adequacy of long-term care facilities in relation to an

optimal target ratio of long-term care beds per thousand persons

seventy-five (75) years of age or older in the state;

2. The availability of long-term care which may serve as

alternatives or substitutes;

3. The adequacy of financial resources for the acquisition,

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

the continued operation thereof;

Oklahoma Statutes - Title 63. Public Health and Safety Page 498

4. The availability of sufficient staff to properly operate the

proposed acquisition, expansion, or establishment of a new long-term

care facility;

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

operation and management of similar facilities in this state and in

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

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

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

licensure and certification agency;

6. Review of minutes of family councils and residents councils,

and the facilities' responses, from each of the applicant's holdings

in Oklahoma; and

7. Any other matter which the Department deems appropriate.

I. Before making a final determination on an acquisition

application, the Commissioner shall cause paid public notices to be

published in a newspaper of general circulation near the facility

and in a newspaper of general circulation in the area where the

application is available for public inspection. A notice in a form

prescribed by the Department also shall be posted by the applicant

in a public area in each facility operated by the applicant in

Oklahoma, to inform residents and families of the applicant's

proposed action. The public notices shall offer participating

parties an opportunity to submit written comments.

J. The Commissioner's decision to approve or deny the proposed

acquisition, expansion, or establishment of a new facility shall be

made within forty-five (45) days following the deadline for

submitting written comments, or the proposed acquisition or

establishment shall be automatically approved, unless otherwise

prohibited pursuant to the provisions of the Long-term Care

Certificate of Need Act.

K. If the Commissioner finds that a proposed acquisition,

expansion, or establishment of a new facility is consistent with the

criteria and standards for review of such projects, and is otherwise

in compliance with the provision of the Long-term Care Certificate

of Need Act, then the Commissioner shall issue a certificate of

need. If the Commissioner finds that the proposed acquisition,

expansion, or establishment of a new facility is not consistent with

the criteria and standards, or is otherwise not in compliance with

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

Commissioner shall deny the certificate of need.
Okla. Stat. tit. 63, § 63-1-756 — OK Code / Title 63 / Section 63-1-756
Medication abortions – Signage required for mifepristone
Status: in_force

use – Required information for patients – Violations - Penalties.

A. As used in this section:

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

medicine, drug or any other substance or device:

(a) to intentionally kill the unborn child of a woman

known to be pregnant; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 438

(b) to intentionally terminate the pregnancy of a woman

known to be pregnant, with an intention other than to

remove a dead unborn child or, after viability, to

produce a live birth and preserve the life and health

of the child born alive;

2. "Medical emergency" means a condition which, in reasonable

medical judgment, so complicates the medical condition of the

pregnant woman as to necessitate the immediate abortion of her

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

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; and

3. "Medication abortion" means the use or prescription of an

abortion-inducing drug or drugs dispensed with the intent to cause

the death of the unborn child.

B. 1. Any private office, freestanding outpatient clinic,

hospital or other facility or clinic in which medication abortions

that use mifepristone are provided shall conspicuously post a sign

in a location defined in paragraph 3 of this subsection so as to be

clearly visible to patients, which reads:

"NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS WHICH USE

MIFEPRISTONE: Mifepristone, also known as RU-486 or Mifeprex, alone

is not always effective in ending a pregnancy. It may be possible

to reverse its intended effect if the second pill or tablet has not

been taken or administered. If you change your mind and wish to try

to continue the pregnancy, you can get immediate help by calling the

Abortion Pill Reversal 24-hour Hotline at 877-558-0333 or going to

website https://www.abortionpillreversal.com/. Additional

information is available on the State Board of Medical Licensure and

Supervision's website, www.awomansright.org, which provides informed

consent materials under the Woman's Right-to-Know Act, including

information about the development of the unborn child and video of

ultrasound images of the unborn child at various stages of

development."

2. The sign required pursuant to paragraph 1 of this subsection

shall be printed with lettering that is legible and shall be at

least three-fourths (3/4) of an inch boldfaced type.

3. A facility in which medication abortions that use

mifepristone are provided that is a private office or a freestanding

outpatient clinic shall post the required sign in each patient

waiting room and patient consultation room used by patients to whom

such medication abortions are provided. A hospital or any other

facility in which medication abortions are performed that is not a

private office or freestanding outpatient clinic shall post the

Oklahoma Statutes - Title 63. Public Health and Safety Page 439

required sign in each patient admission area used by patients on

whom abortions are performed.

C. 1. Except in the case of a medical emergency, a medication

abortion that uses mifepristone shall not be provided or induced or

attempted to be provided or induced without informing the female, by

telephone or in person, by the physician who is to dispense or

provide the abortion drug or drugs, by a referring physician or by

an agent of either physician at least seventy-two (72) hours before

the abortion:

a. that it may be possible to reverse the intended

effects of a medication abortion that uses

mifepristone if the woman changes her mind but that

time is of the essence, and

b. of information on reversing the effects of a

medication abortion that uses mifepristone, which is

available on the website of the State Board of Medical

Licensure and Supevision, and included in such

information is the Abortion Pill Reversal 24-hour

Hotline number: 877-558-0333 and website address:

https://www.abortionpillreversal.com.

2. After the first drug, mifepristone, is dispensed or provided

to the patient, the physician or an agent of the physician shall

provide written instructions to the pregnant woman which shall

include the statement:

"NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS WHICH USE

MIFEPRISTONE: Mifepristone, also known as RU-486 or Mifeprex, alone

is not always effective in ending a pregnancy. It may be possible

to reverse its intended effect if the second pill or tablet has not

been taken or administered. If you change your mind and wish to try

to continue the pregnancy, you can get immediate help by calling the

Abortion Pill Reversal 24-hour Hotline at 877-558-0333 or going to

Abortion Pill Reversal website,

https://www.abortionpillreversal.com/. Additional information is

available on the State Board of Medical Licensure and Supervision's

website, www.awomansright.org, which provides informed consent

materials under the Woman's Right-to-Know Act, including information

about the development of the unborn child and video of ultrasound

images of the unborn child at various stages of development."

D. When a medical emergency compels the performance of an

abortion, the physician shall inform the female, prior to the

abortion if possible, of the medical indications supporting the

physician's judgment that an abortion is necessary to avert her

death or that a seventy-two-hour delay will create serious risk of

substantial and irreversible physical impairment of a major bodily

function, not including psychological or emotional conditions.

E. Within ninety (90) days after this act is enacted, the State

Board of Medical Licensure and Supervision shall cause to be

Oklahoma Statutes - Title 63. Public Health and Safety Page 440

published, in English and in each language which is the primary

language of two percent (2%) or more of the state's population, in

print and on the website required to be developed and maintained

under Section 1-738.11 of Title 63 of the Oklahoma Statutes,

comprehensible materials designed to inform the female of the

possibility of reversing the effects of a medication abortion that

uses mifepristone, also known as RU-486 or Mifeprex, and information

on resources that may be available to help her reverse its effects.

The website shall include the Abortion Pill Reversal 24-hour Hotline

number 877-558-0333 and the Abortion Pill Reversal website address

https://www.abortionpillreversal.com.

F. Any person who knowingly or recklessly provides or induces

or attempts to provide or induce an abortion in violation of this

section shall be guilty of a felony. No penalty may be assessed

against the female to whom the medication abortion is provided or

induced or attempted to be provided or induced. No penalty or civil

liability may be assessed for failure to comply with subsection C of

this section unless the State Board of Medical Licensure and

Supervision has made the information available on the website at the

time the physician or the physician's agent is required to inform

the female.

G. Any private office, freestanding outpatient clinic or other

facility or clinic that fails to post a sign required in subsection

B of this section in knowing, reckless or negligent violation of

this act shall be assessed a fine of Ten Thousand Dollars

($10,000.00) by the State Board of Medical Licensure and

Supervision. Each day on which a medication abortion that uses

mifepristone, other than a medication abortion that is necessary to

prevent the death of the pregnant female, is provided in any private

office, freestanding outpatient clinic or other facility or clinic

during which the required sign is not posted during a portion of

business hours when patients or perspective patients are present is

a separate violation.

H. 1. Any person upon whom an abortion has been performed

without this section having been complied with, the father of the

unborn child who was the subject of such an abortion, or, if the

female had not attained the age of eighteen (18) years at the time

of the medication abortion or has died as a result of the medication

abortion, the grandparent of such an unborn child may maintain an

action against the person who provided the medication abortion in

knowing or reckless violation of this section for actual and

punitive damages. Any person upon whom an abortion has been

attempted without this section having been complied with may

maintain an action against the person who attempted to provide the

abortion in knowing or reckless violation of this section for actual

and punitive damages. No damages may be awarded a plaintiff if the

pregnancy resulted from the plaintiff's criminal conduct.

Oklahoma Statutes - Title 63. Public Health and Safety Page 441

2. If judgment is rendered in favor of the plaintiff in any

action described in this subsection, the court shall also render

judgment for a reasonable attorney's fee in favor of the plaintiff

against the defendant. If judgment is rendered in favor of the

defendant and the court finds that the plaintiff's suit was

frivolous and brought in bad faith, the court shall also render

judgment for a reasonable attorney's fee in favor of the defendant

against the plaintiff.

I. In every civil or criminal proceeding or action brought

under this section, the court shall rule whether the anonymity of

any female to whom a medication abortion has been provided or

attempted shall be preserved from public disclosure if she does not

give her consent to such disclosure. The court, upon motion or sua

sponte, shall make such a ruling and, upon determining that her

anonymity should be preserved, shall issue orders to the parties,

witnesses and counsel and shall direct the sealing of the record and

exclusion of individuals from courtrooms or hearing rooms to the

extent necessary to safeguard her identity from public disclosure.

Each such order shall be accompanied by specific written findings

explaining why the anonymity of the female should be preserved from

public disclosure, why the order is essential to that end, how the

order is narrowly tailored to serve that interest and why no

reasonable less restrictive alternative exists. In the absence of

written consent of the female to whom an abortion drug or drugs has

been provided or attempted to be provided, anyone, other than a

public official, who brings an action under subsection D of this

section shall do so under a pseudonym. This section may not be

construed to conceal the identity of the plaintiff or of witnesses

from the defendant.

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

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

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

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

remain effective notwithstanding such unconstitutionality. The

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

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

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

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

declared unconstitutional.
Okla. Stat. tit. 63, § 63-1-1902 — OK Code / Title 63 / Section 63-1-1902
Definitions
Status: in_force

As used in the Nursing Home Care Act:

1. “Abuse” means the willful infliction of injury, unreasonable

confinement, intimidation, or punishment, with resulting physical

harm, impairment, or mental anguish;

2. “Access” means the right of a person to enter a facility to

communicate privately and without unreasonable restriction when

invited to do so by a resident. A representative of the Office of

the State Long-Term Care Ombudsman and a case manager employed by

the Department of Mental Health and Substance Abuse Services or one

of its contract agencies shall have right of access to enter a

facility, communicate privately and without unreasonable restriction

with any resident who consents to the communication, to seek consent

to communicate privately and without restriction with any resident,

and to observe all areas of the facility that directly pertain to

the patient care of the resident without infringing upon the privacy

of the other residents without first obtaining their consent;

3. “Administrator” means the person licensed by the State of

Oklahoma who is in charge of a facility. An administrator must

devote at least one-third (1/3) of such person's working time to on-

the-job supervision of the facility; provided, that this requirement

shall not apply to an administrator of an intermediate care facility

for individuals with intellectual disabilities with sixteen or fewer

beds (ICF/IID-16), in which case the person licensed by the state

may be in charge of more than one such ICF/IID-16 facility, if such

facilities are located within a circle that has a radius of not more

than fifteen (15) miles, the total number of facilities and beds

does not exceed six facilities and sixty-four beds, and each such

ICF/IID-16 facility is supervised by a qualified professional. The

facilities may be free-standing in a community or may be on campus

with a parent institution. The ICF/IID-16 facility may be

independently owned and operated or may be part of a larger

institutional operation;

4. “Advisory Board” means the Long-Term Care Facility Advisory

Board;

5. “Adult companion home” means any home or establishment,

funded and certified by the Department of Human Services, which

provides homelike residential accommodations and supportive

assistance to three or fewer adults with intellectual or

developmental disabilities;

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

7. “Commissioner” means the State Commissioner of Health;

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

9. “Facility” means a nursing facility and a specialized home;

provided, this term shall not include a residential care home or an

adult companion home;

Oklahoma Statutes - Title 63. Public Health and Safety Page 667

10. “Nursing facility” means a home, an establishment, or an

institution, a distinct part of which is primarily engaged in

providing:

a. skilled nursing care and related services for

residents who require medical or nursing care,

b. rehabilitation services for the rehabilitation of

injured, disabled, or sick persons, or

c. on a regular basis, health-related care and services

to individuals who because of their mental or physical

condition require care and services beyond the level

of care provided by a residential care home and which

can be made available to them only through a nursing

facility.

Nursing facility does not mean, for purposes of Section 1-851.1 of

this title, a facility constructed or operated by an entity

described in paragraph 7 of subsection B of Section 6201 of Title 74

of the Oklahoma Statutes or the nursing care component of a

continuum of care facility, as such term is defined under the

Continuum of Care and Assisted Living Act, to the extent that the

facility constructed or operated by an entity described in paragraph

7 of subsection B of Section 6201 of Title 74 of the Oklahoma

Statutes contains such a nursing care component;

11. “Specialized facility” means any home, establishment, or

institution which offers or provides inpatient long-term care

services on a twenty-four-hour basis to a limited category of

persons requiring such services, including but not limited to a

facility providing health or habilitation services for individuals

with intellectual or developmental disabilities, but does not mean,

for purposes of Section 1-851.1 of this title, a facility

constructed or operated by an entity described in paragraph 7 of

subsection B of Section 6201 of Title 74 of the Oklahoma Statutes or

the nursing care component of a continuum of care facility, as such

term is defined under the Continuum of Care and Assisted Living Act,

to the extent that the facility constructed or operated by an entity

described in paragraph 7 of subsection B of Section 6201 of Title 74

of the Oklahoma Statutes contains such a nursing care component;

12. “Residential care home” means any home, establishment, or

institution licensed pursuant to the provisions of the Residential

Care Act other than a hotel, motel, fraternity or sorority house, or

college or university dormitory, which offers or provides

residential accommodations, food service, and supportive assistance

to any of its residents or houses any resident requiring supportive

assistance. The residents shall be persons who are ambulatory and

essentially capable of managing their own affairs, but who do not

routinely require nursing care; provided, the term residential care

home shall not mean a hotel, motel, fraternity or sorority house, or

college or university dormitory, if the facility operates in a

Oklahoma Statutes - Title 63. Public Health and Safety Page 668

manner customary to its description and does not house any person

who requires supportive assistance from the facility in order to

meet an adequate level of daily living;

13. “Licensee” means the person, a corporation, partnership, or

association who is the owner of the facility which is licensed by

the Department pursuant to the provisions of the Nursing Home Care

Act;

14. “Maintenance” means meals, shelter, and laundry services;

15. “Neglect” means failure to provide goods and/or services

necessary to avoid physical harm, mental anguish, or mental illness;

16. “Owner” means a person, corporation, partnership,

association, or other entity which owns a facility or leases a

facility. The person or entity that stands to profit or lose as a

result of the financial success or failure of the operation shall be

presumed to be the owner of the facility. Notwithstanding the

foregoing, any nonstate governmental entity that has acquired and

owns or leases a facility and that has entered into an agreement

with the Oklahoma Health Care Authority to participate in the

nursing facility supplemental payment program (UPL Owner) shall be

deemed the owner of such facility and shall be authorized to obtain

management services from a management services provider (UPL

Manager), and to delegate, allocate, and assign as between the UPL

Owner and UPL Manager, compensation, profits, losses, liabilities,

decision-making authority, and responsibilities, including

responsibility for the employment, direction, supervision, and

control of the facility's administrator and staff;

17. “Personal care” means assistance with meals, dressing,

movement, bathing or other personal needs or maintenance, or general

supervision of the physical and mental well-being of a person, who

is incapable of maintaining a private, independent residence, or who

is incapable of managing his or her person, whether or not a

guardian has been appointed for such person;

18. “Resident” means a person residing in a facility due to

illness, physical or mental infirmity, or advanced age;

19. “Representative of a resident” means a court-appointed

guardian or, if there is no court-appointed guardian, the parent of

a minor, a relative, or other person, designated in writing by the

resident; provided, that any owner, operator, administrator, or

employee of a facility subject to the provisions of the Nursing Home

Care Act, the Residential Care Act, or the Group Homes for Persons

with Developmental or Physical Disabilities Act shall not be

appointed guardian or limited guardian of a resident of the facility

unless the owner, operator, administrator, or employee is the spouse

of the resident, or a relative of the resident within the second

degree of consanguinity and is otherwise eligible for appointment;

and

Oklahoma Statutes - Title 63. Public Health and Safety Page 669

20. “Supportive assistance” means the service rendered to any

person which is less than the service provided by a nursing facility

but which is sufficient to enable the person to meet an adequate

level of daily living. Supportive assistance includes but is not

limited to housekeeping, assistance in the preparation of meals,

assistance in the safe storage, distribution, and administration of

medications, and assistance in personal care as is necessary for the

health and comfort of such person. Supportive assistance shall not

include medical service.
Okla. Stat. tit. 63, § 63-2-322 — OK Code / Title 63 / Section 63-2-322
Precursor substances - License or permit
Status: in_force

A. No person or business shall possess, sell, manufacture,

transfer, or otherwise furnish any of the following precursor

substances without first having a permit or license issued by the

Director of the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, except as provided in Section 2-327 of this title:

1. D-Lysergic acid;

2. Ergotamine and its salts;

3. Ergonovine and its salts;

4. Methylamine;

5. Ethylamine;

6. Phenyl-2-Propanone;

7. Phenylacetic acid and its salts;

8. Norpseudoephedrine, its salts, optical isomers, and salts of

optical isomers;

9. Benzyl cyanide;

10. N-methylephedrine, its salts, optical isomers, and salts of

optical isomers;

11. Chloroephedrine, its salts, optical isomers, and salts of

optical isomers;

12. Piperidine and its salts;

Oklahoma Statutes - Title 63. Public Health and Safety Page 969

13. Pyrrolidine and its salts;

14. Propionic anhydride;

15. Isosafrole;

16. Safrole;

17. Piperonal; and

18. Red Phosphorus.

B. Upon completion of an application for a license pursuant to

Section 2-323 of this title, or a permit pursuant to Section 2-324

of this title, the Director of the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control shall either grant or deny

such license or permit.
Okla. Stat. tit. 63, § 63-3113 — OK Code / Title 63 / Section 63-3113
Designation of lay caregivers by hospital patients
Status: in_force

A. Hospitals shall provide each patient or the patient's legal

guardian with an opportunity to designate one lay caregiver

following the patient's admission into a hospital and prior to the

patient's discharge to the patient's residence:

1. In the event the patient is unconscious or otherwise

incapacitated upon admission to the hospital, the hospital shall

provide the patient's legal guardian with an opportunity to

designate a lay caregiver following the patient's recovery of

consciousness or capacity, so long as the designation or lack of a

designation does not interfere with, delay or otherwise affect the

medical care provided to the patient.

2. In the event the patient or the patient's legal guardian

declines to designate a lay caregiver under this act, the hospital

shall promptly document such in the patient's medical record, and

the hospital shall be deemed to comply with the provisions of this

act.

3. In the event that the patient or the patient's legal

guardian designates an individual as a lay caregiver under this act,

the hospital shall promptly request the written consent of the

patient or the patient's legal guardian to release medical

information to the patient's designated lay caregiver pursuant to

the hospital's established procedures for releasing personal health

information and in compliance with applicable state and federal law.

4. If the patient or the patient's legal guardian declines to

consent to the release of medical information to the patient's

designated lay caregiver, the hospital is not required to provide

notice to the lay caregiver pursuant to the provisions of Section 3

of this act.

5. The hospital shall record the patient's designation of a lay

caregiver, the relationship of the lay caregiver to the patient, and

the name, telephone number, and physical address of the patient's

designated lay caregiver in the patient's medical record.

B. A patient may elect to change his or her designated lay

caregiver in the event that the lay caregiver becomes incapacitated.

C. Designation of a lay caregiver by a patient or a patient's

legal guardian pursuant to the provisions of this act does not

Oklahoma Statutes - Title 63. Public Health and Safety Page 1496

obligate any individual to perform any aftercare tasks for the

patient.

D. This section shall not be construed so as to require a

patient or a patient's legal guardian to designate any individual as

a lay caregiver as defined by this act.
Okla. Stat. tit. 63, § 63-1-738.4 — OK Code / Title 63 / Section 63-1-738.4
Medical emergency abortions – Physician's judgment –
Status: in_force

Patient's right to information.

When a medical emergency compels the performance of an abortion,

the physician shall inform the female, prior to the abortion if

possible, of the medical indications supporting the physician's

judgment that an abortion is necessary to avert her death or that a

delay will create serious risk of substantial and irreversible

impairment of a major bodily function.
Okla. Stat. tit. 63, § 63-1-865.8 — OK Code / Title 63 / Section 63-1-865.8
Criminal history records – Criminal background check -
Status: in_force

Confidentiality.

A. Providers or licensees are required to conduct a search of

criminal history records and the Oklahoma Department of Human

Services Community Services Worker Registry (Registry) prior to

permanent employment of any community services worker. The provider

or licensee shall not hire, contract with, or use as a volunteer, a

person whose name is listed in the Registry or who has a criminal

background if the Oklahoma State Bureau of Investigation search

reveals that the applicant has been convicted, pled guilty, or pled

nolo contendere to misdemeanor assault and battery or any felony.

The provider or licensee shall immediately cancel any temporary

employment arrangement with a person whose name is listed in the

Registry or whose background check reveals disqualifying violations

of law. If a provider or licensee requests a waiver, the community

service worker shall not work directly with service recipients until

the provider receives a written decision by the Department.

Oklahoma Statutes - Title 63. Public Health and Safety Page 529

B. At the request of a provider or licensee, a criminal

background check search may be conducted on any person employed by

the employer, including those persons excluded in subsection A of

this section, at any time during the period of employment of such

person. If the results of a criminal background check reveal the

person has been convicted, pled guilty, or pled nolo contendere to

misdemeanor assault and battery or any felony, the provider or

licensee shall immediately terminate the person’s employment or

contract.

C. All criminal records received by the employer are

confidential and are for the exclusive use of the Department and the

employer which requested the information. Except upon court order,

or with the written consent of the person being investigated, the

records shall not be released or otherwise disclosed to any other

person or agency. These records shall be destroyed after one (1)

year from the end of employment of the person to whom such records

relate.
Okla. Stat. tit. 63, § 63-1-738.13 — OK Code / Title 63 / Section 63-1-738.13
Reporting forms - Submission of copies - Late fees -
Status: in_force

Public report - Alteration of dates.

A. Within ninety (90) days after the Unborn Child Pain

Awareness/Prevention Act becomes law, the State Department of Health

shall prepare a reporting form for physicians containing a reprint

of the Unborn Child Pain Awareness/Prevention Act and listing:

1. The number of females to whom the physician or an agent of

the physician provided the information described in subsection A of

Section 1-738.8 of this title; of that number, the number provided

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

numbers, the number provided in the capacity of a referring

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

is to perform the abortion or agent of such a physician;

2. The number of females who availed themselves of the

opportunity to obtain a copy of the printed information described in

Section 1-738.10 of this title other than on the website, and the

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

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

went on to obtain the abortion; and

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

information otherwise required to be provided at least seventy-two

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

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

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

provided because a delay would create serious risk of substantial

and irreversible impairment of a major bodily function.

B. The Department shall ensure that copies of the reporting

forms described in subsection A of this section are provided:

1. Within one hundred twenty (120) days after the Unborn Child

Pain Awareness/Prevention Act becomes law, to all physicians

licensed to practice in this state;

2. To each physician who subsequently becomes newly licensed to

practice in this state, at the same time as official notification to

that physician that the physician is so licensed; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 339

3. By December 1 of each year, other than the calendar year in

which forms are distributed in accordance with paragraph 1 of this

subsection, to all physicians licensed to practice in this state.

C. By February 28 of each year following a calendar year in any

part of which the Unborn Child Pain Awareness/Prevention Act was in

effect, each physician who provided, or whose agent provided,

information to one or more females in accordance with Section 1-

738.8 of this title during the previous calendar year shall submit

to the Department a copy of the form described in subsection A of

this section, with the requested data entered accurately and

completely.

D. Reports that are not submitted by the end of a grace period

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 reports are

overdue. Any physician required to report in accordance with this

section 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 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 sanctions for civil contempt.

E. By June 30 of each year, the Department 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, adjusted to reflect any additional

information from late or corrected reports. The Department shallOklahoma Statutes - Title 63. Public Health and Safety Page 10ort 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, adjusted to reflect any additional

information from late or corrected reports. The Department shall

take care to ensure that none of the information included in the

public reports could reasonably lead to the identification of any

individual providing or provided information in accordance with

subsection A or B of Section 1-738.8 of this title.

F. The Department, by rule promulgated in accordance with the

Administrative Procedures Act, may alter the dates established by

paragraph 3 of subsection B, subsection C, or subsection E of this

section or consolidate the forms or reports described in this

section with other forms or reports to achieve administrative

convenience or fiscal savings or to reduce the burden of reporting

requirements, so long as reporting forms are sent to all licensed

physicians in the state at least once every year and the report

described in subsection E of this section is issued at least once

every year.
Okla. Stat. tit. 63, § 63-1-1949.3 — OK Code / Title 63 / Section 63-1-1949.3
Qualifications for license or certification
Status: in_force

A. The State Department of Health shall have authority to issue

licenses or certifications to qualified persons as long-term care

administrators in accordance with qualification criteria established

by the State Commissioner of Health.

B. No license or certification shall be issued to a person as a

long-term care administrator unless:

1. The person shall have submitted evidence satisfactory to the

Department that the person is:

a. not less than twenty-one (21) years of age, and

b. of reputable and responsible character; and

2. The person shall have submitted evidence satisfactory to the

Department of the person’s ability to be licensed or certified to

serve as a Tier 1 long-term care administrator or Tier 2 long-term

care administrator.

C. The Commissioner shall have the authority to determine the

qualifications, skill, and fitness of any person to serve as a long-

term care administrator under the applicable provisions of the

Nursing Home Care Act, the Continuum of Care and Assisted Living

Act, the Residential Care Act, and the Adult Day Care Act. The

Commissioner shall promulgate rules to determine the qualifications

for licensure or certification as a Tier 1 or Tier 2 long-term care

administrator. Such rules may, at the discretion of the

Commissioner, include a requirement for licensure instead of

Oklahoma Statutes - Title 63. Public Health and Safety Page 748

certification for either or both of the tiers of long-term care

administrators.

D. 1. All persons licensed or certified or lawfully serving as

an administrator in their defined facility type shall be permitted

to continue to serve in their current capacity under their current

terms of authorization. The Commissioner may promulgate rules to

address future certification and licensure requirements for both

tiers of long-term care administrators without effect on the

licensure or certification status of those currently certified or

licensed. Until such rules are promulgated, current licensure and

certification processes and standards shall remain in place.

2. To be eligible for licensure or certification as either a

Tier 1 or Tier 2 long-term care administrator, the applicant shall

have successfully completed a training and education program

approved by the Commissioner.

3. The Commissioner shall not include a requirement for a four-

year degree in any licensing or certification requirements for Tier

2 long-term care administrators.

4. In addition to the requirement provided by paragraph 2 of

this subsection, to be eligible for licensure or certification as a

Tier 1 long-term care administrator, the applicant shall:

a. hold a baccalaureate degree from an institution of

higher education, or

b. hold an associate degree in a health- or business-

related field or other relevant field as determined by

the Commissioner and have not less than five (5) years

of experience in upper-level management of a long-term

care facility as determined by the Commissioner.

E. Eligible applicants may sit for the state standards

examination at a testing facility using procedures approved by the

National Association of Long-Term Care Administrator Boards

including, but not limited to, the use of electronic or online

methods for examination.

F. The State Department of Health shall either:

1. Approve one or more organizations or agencies to provide

training and education programs for long-term care administrators.

Each such organization or agency shall meet such requirements as may

be prescribed by rules promulgated by the State Commissioner of

Health;

2. Offer a training and education program for long-term care

administrators conducted by the Department; or

3. Both approve one or more organizations to provide training

and education programs for long-term care administrators as

described in paragraph 1 of this subsection and offer a training and

education program for long-term care administrators conducted by the

Department as described in paragraph 2 of this subsection.

Oklahoma Statutes - Title 63. Public Health and Safety Page 749

G. 1. Each person licensed or certified as a long-term care

administrator under the provisions of this act shall pay an annual

license or certification fee which shall be deposited in the Long-

Term Care Administrator Revolving Fund described in Section 7 of

this act. Such fee shall be determined by the Commissioner. Each

such license or certification shall expire on the thirty-first day

of December following its issuance, and shall be renewable for a

calendar year, upon meeting the renewal requirements and upon

payment of the annual licensure or certification fee.

2. In addition to licensure and certification fees, the

Commissioner may impose fees on agencies and organizations that

provide training and education programs.

3. All revenues collected as a result of fees authorized in

this section and imposed by the Commissioner shall be deposited into

the Long-Term Care Administrator Revolving Fund described in Section

7 of this act.

H. The State Commissioner of Health shall promulgate rules to

provide for licensure or certification by endorsement of long-term

care administrators who are licensed or certified in other states

that have requirements for licensure or certification of long-term

care administrators that are substantially equivalent to or greater

than the requirements of this state, as determined by the

Commissioner.

I. It shall be unlawful for any person to act or serve in the

capacity of a long-term care administrator unless the person is the

holder of a license or certificate as a long-term care

administrator, issued in accordance with the provisions of this act.

A person found guilty of a violation of this subsection shall, upon

conviction, be guilty of a misdemeanor.
Okla. Stat. tit. 63, § 63-1-890.8 — OK Code / Title 63 / Section 63-1-890.8
Provision of home care, nursing, hospice and private
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 17

Oklahoma Statutes - Title 63. Public Health and Safety Page 18services - Plan of accommodation for certain disabled residents.

A. Residents of an assisted living center may receive home care

services and intermittent, periodic, or recurrent nursing care

through a home care agency under the provisions of the Home Care

Act.

B. Residents of an assisted living center may receive hospice

home services under the provisions of the Oklahoma Hospice Licensing

Act.

C. Nothing in the foregoing provisions shall be construed to

prohibit any resident of an assisted living center from receiving

such services from any person who is exempt from the provisions of

the Home Care Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 553

D. The assisted living center shall monitor and assure the

delivery of those services. All nursing services shall be in

accordance with the written orders of the personal or attending

physician of the resident.

E. A resident of an assisted living center or the family or

legal representative of the resident shall be required to disclose

any third-party provider of medical services or supplies prior to

service delivery.

F. Any third-party provider of medical services or supplies

shall comply with the provisions of subsection D of this section.

G. Notwithstanding the foregoing provisions, a resident of an

assisted living center, or the family or legal representative of the

resident, may privately contract or arrange for private nursing

services under the orders and supervision of the personal or

attending physician of the resident, private monitoring, private

sitters or companions, personal domestic servants, or personal

staff.

H. If a resident of an assisted living center develops a

disability or a condition that is consistent with the facility's

discharge criteria:

1. The personal or attending physician of a resident, a

representative of the assisted living center, and the resident or

the designated representative of the resident shall determine by and

through a consensus of the foregoing persons any reasonable and

necessary accommodations, in accordance with the current building

codes, the rules of the State Fire Marshal, and the requirements of

the local fire jurisdiction, and additional services required to

permit the resident to remain in place in the assisted living center

as the least restrictive environment and with privacy and dignity;

2. All accommodations or additional services shall be described

in a written plan of accommodation, signed by the personal or

attending physician of the resident, a representative of the

assisted living center and the resident or the designated

representative of the resident;

3. The person or persons responsible for performing, monitoring

and assuring compliance with the plan of accommodation shall be

expressly specified in the plan of accommodation and shall include

the assisted living center and any of the following:

a. the personal or attending physician of the resident,

b. a home care agency,

c. a hospice, or

d. other designated persons.

The plan of accommodation shall be reviewed at least quarterly

by a licensed health care professional;

4. If the parties identified in paragraph 1 of this subsection

fail to reach a consensus on a plan of accommodation, the assisted

living center shall give written notice to the resident, the legal

Oklahoma Statutes - Title 63. Public Health and Safety Page 554

representative of the resident or such persons as are designated in

the resident's contract with the assisted living center, of the

termination of the residency of the resident in the assisted living

center in accordance with the provisions of the resident's contract

with the assisted living center. Such notice shall not be less than

thirty (30) calendar days prior to the date of termination, unless

the assisted living center or the personal or attending physician of

the resident determines the resident is in imminent peril or the

continued residency of the resident places other persons at risk of

imminent harm;

5. If any party identified in paragraph 1 of this subsection

determines that the plan of accommodation is not being met, such

party shall notify the other parties and a meeting shall be held

between the parties within ten (10) business days to re-evaluate the

plan of accommodation; and

6. Any resident aggrieved by a decision to terminate residency

may seek injunctive relief in the district court of the county in

which the assisted living center is located. Such action shall be

filed no later than ten (10) days after the receipt of the written

notice of termination.

I. When an antipsychotic drug is prescribed for a resident, the

assisted living center shall do all of the following:

1. Ensure the resident is reassessed by a physician, physician

assistant, Advanced Practice Registered Nurse or registered nurse,

as needed, but at least quarterly, for the effectiveness and

possible side effects of the medication. The results of the

assessments shall be documented in the resident's record and

provided to the resident or the representative of the resident;

2. Ensure all resident care staff administering medications

understand the potential benefits and side effects of the

medications; and

3. When an antipsychotic drug is prescribed on an as-needed

basis (PRN) for a resident, the assisted living center shall:

a. document in the resident's record the rationale for

use and a detailed description of the condition which

indicates the need for administration of a PRN

antipsychotic drug,

b. monitor the use of PRN antipsychotic drugs for

potential harm to the resident, including, but not

limited to, the presence of significant adverse side

effects, use of the drugs for inappropriate purposes

such as discipline or staff convenience, or use

contrary to the prescription. The monitoring required

by this subparagraph shall be conducted by a licensed

health care professional and shall occur at least

monthly, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 555

c. document in the resident's record the results of the

monitoring required in subparagraph b of this

paragraph, including, but not limited to, the

effectiveness of the medication, the presence of any

side effects, and any inappropriate use for each PRN

antipsychotic drug given.

J. Nothing in this section shall be construed to abrogate an

assisted living center's responsibility to provide care for and

oversight of a resident.
Okla. Stat. tit. 63, § 63-1-233.1 — OK Code / Title 63 / Section 63-1-233.1
Short title - Ava's Law – Information to be provided
Status: in_force

to pregnant individuals.

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

B. All persons licensed to practice medicine and surgery in

this state, or who are Advanced Practice Registered Nurses including

but not limited to Certified Nurse-Midwives, and who provide

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

health services related to maternal and infant care shall provide to

individuals who report to such person that they are pregnant the

information provided by the State Department of Health under

subsection C of this section.

C. The State Department of Health shall compile and make

available on its Internet website educational resources on:

1. Infant cardiopulmonary resuscitation and basic first aid

including contact information for training programs; and

2. Cord blood banking and donation.
Okla. Stat. tit. 63, § 63-5018.1 — OK Code / Title 63 / Section 63-5018.1
Concurrent applications by active duty military
Status: in_force

members.

If a person who is on active duty with the United States

Armed Forces makes an application to the Oklahoma

Health Care Authority to receive any type of benefits,

either for himself or herself or for an immediate family

member, and the person has previously made the same or

a substantially similar application in another state which

was pending at the time the person became a resident of

this state, the Authority shall consider the application as if

it had been made in this state at the time it was originally

made in the other state.
Okla. Stat. tit. 63, § 63-1-1930 — OK Code / Title 63 / Section 63-1-1930
Voluntary closing of facility - Notice - Alternative
Status: in_force

placement of residents - Relocation assistance.

Any owner of a facility licensed under this act shall give

ninety (90) days' notice prior to voluntarily closing a facility or

closing any part of a facility, or prior to closing any part of a

facility if closing such part will require the transfer or discharge

of more than ten percent (10%) of the residents. Such notice shall

be given to the Department, to any resident who must be transferred

or discharged, to the resident's representative, and to a member of

the resident's family, where practicable. Notice shall state the

proposed date of closing and the reason for closing. The facility

shall offer to assist the resident in securing an alternative

placement and shall advise the resident on available alternatives.

Where the resident is unable to choose an alternative placement and

is not under guardianship, the Department shall be notified of the

need for relocation assistance. The facility shall comply with all

applicable laws and regulations until the date of closing, including

those related to transfer or discharge of residents. The Department

may place a relocation team in the facility if needed. Also, the

Department may promulgate rules and regulations that establish

criteria for the acceleration of the notice requirement if

extraordinary circumstances warrant it.
Okla. Stat. tit. 63, § 63-1-1117 — OK Code / Title 63 / Section 63-1-1117
Conformity to federal requirements
Status: in_force

All reasonable rules, regulations, definitions and standards

promulgated and/or adopted by the State Board of Health under the

provisions of this article shall conform, insofar as practicable, to

the reasonable rules, regulations, definitions and standards of the

Federal Food and Drug Administration.
Okla. Stat. tit. 63, § 63-1-2530.5 — OK Code / Title 63 / Section 63-1-2530.5
Recognition of geographic regions with functioning
Status: in_force

trauma system - Regional trauma advisory boards - Funding.

A. Each geographic region identified in the statewide trauma

systems plan that has a functioning trauma system shall be

recognized by the State Department of Health.

B. Licensed hospitals and ambulance service providers in these

regions shall establish a regional trauma advisory board to

represent the region and conduct continuous quality improvement

activities of the system for the region. Licensed hospitals and

ambulance service providers in the region shall designate regional

trauma advisory board members. Regional trauma advisory board

members shall consist of individuals who provide trauma services in

the regional system, or individuals employed by licensed hospitals

or ambulance service providers in the region. The maximum number of

board members for any region shall be twenty.

C. As funds are available, regional trauma advisory boards may

receive funding from the Department to support their administrative

and continuous quality improvement activities.

D. 1. Meetings of regional trauma advisory boards and their

subcommittees conducted to review patient-specific care for the

purpose of conducting continuous quality improvement activities of

the system for the region to include but not be limited to trauma,

stroke and ST-Elevated Myocardial Infarction (STEMI), shall not be

subject to the provisions of the Oklahoma Open Meeting Act.

2. The proceedings and records of the meetings referenced in

paragraph 1 of this subsection to include patient care records,

reports and other related materials generated for the purposes of

conducting continuous quality improvement activities of the system

for the region and to include but not be limited to trauma, stroke

and STEMI, shall be confidential and not subject to the Oklahoma

Open Records Act, or disclosure by subpoena or otherwise.

3. The proceedings and records of the meetings referenced in

paragraph 1 of this subsection may be used by the regional trauma

advisory boards and the State Commissioner of Health in the exercise

of proper quality review functions to improve trauma patient care.
Okla. Stat. tit. 63, § 63-1-738.10 — OK Code / Title 63 / Section 63-1-738.10
Publication of materials on twenty-week gestation -
Status: in_force

Legibility - Availability at no cost.

Oklahoma Statutes - Title 63. Public Health and Safety Page 337

A. Within ninety (90) days after the Unborn Child Pain

Awareness/Prevention Act becomes law, the State Board of Medical

Licensure and Supervision shall cause to be published, in English

and in each language which is the primary language of two percent

(2%) or more of the population of the state, and shall cause to be

available on the state web site provided for in Section 11 of this

act, printed materials with the following statement concerning

unborn children of twenty (20) weeks gestational age: "By twenty

(20) weeks gestation, the unborn child has the physical structures

necessary to experience pain. There is evidence that by twenty (20)

weeks gestation unborn children seek to evade certain stimuli in a

manner which in an infant or an adult would be interpreted to be a

response to pain. Anesthesia is routinely administered to unborn

children who are twenty (20) weeks gestational age or older who

undergo prenatal surgery."

The materials shall be objective, nonjudgmental and designed to

convey only accurate scientific information about the human fetus at

the various gestational ages.

B. The materials referred to in subsection A of this section

shall be printed in a typeface large enough to be clearly legible.

The web site provided for in Section 11 of this act shall be

maintained at a minimum resolution of 70 DPI (dots per inch). All

pictures appearing on this web site shall be a minimum of 200x300

pixels. All letters on the web site shall be a minimum of 11 point

font. All information and pictures shall be accessible with an

industry standard browser requiring no additional plug-ins.

C. The materials required under this section shall be available

at no cost from the State Board of Medical Licensure and Supervision

upon request and in appropriate number to any person, facility, or

hospital.
Okla. Stat. tit. 63, § 63-1-747.5 — OK Code / Title 63 / Section 63-1-747.5
Severability
Status: in_force

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

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

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

is hereby declared to be severable and the balance of the

Prioritization of Public Funding in the Purchasing of Family

Planning and Counseling Services Act shall remain effective

notwithstanding such unconstitutionality. The Legislature hereby

declares that it would have passed this act, and each provision,

section, subsection, sentence, clause, phrase or word thereof,

irrespective of the fact that any one or more provisions, sections,

subsections, sentences, clauses, phrases or words of the act, or the

application of the act, would be declared unconstitutional.
Okla. Stat. tit. 63, § 63-1-568 — OK Code / Title 63 / Section 63-1-568
Licensure, accreditation, certification not contingent
Status: in_force

upon acceptance of abortion as treatment option.

A. Nothing in the Genetic Counseling Licensure Act may be

construed to require any genetic counselor or other person to

mention, discuss, suggest, propose, recommend, or refer for,

abortion, or to agree or indicate a willingness to do so, nor shall

licensing of any genetic counselor be contingent upon acceptance of

abortion as a treatment option for any genetic or other prenatal

disease, anomaly, or disability.

B. If the State Board of Health determines that accreditation

of genetic counseling training programs by the American Board of

Genetic Counseling or of medical genetics training programs by the

American Board of Medical Genetics is dependent on criteria, or

applied in a manner, incompatible with the provisions of subsection

A of this section, it shall establish or recognize and apply

Oklahoma Statutes - Title 63. Public Health and Safety Page 258

criteria for accreditation of alternative genetic counseling

training programs or medical genetics training programs compatible

with the provisions of subsection A of this section and any genetic

counseling training programs or medical genetics training programs

accredited thereunder shall be deemed accredited for the purposes of

paragraph 3 of subsection A of Section 4 of this act.

C. If the State Board of Health determines that the examination

required for certification as a genetic counselor by the American

Board of Genetic Counseling or the American Board of Medical

Genetics or as a medical geneticist by the American Board of Medical

Genetics is incompatible with the provisions of subsection A of this

section, it shall establish or recognize an alternative examination

compatible with the provisions of that subsection and an individual

who passes such an examination shall be deemed to meet the relevant

requirements of paragraph 4 of subsection A of Section 4 of this

act.

D. The State Board of Health shall by rule waive such other

provisions of the Genetic Counseling Licensure Act and provide for

appropriate substitute requirements as it determines necessary to

ensure compliance with subsection A of this section.

E. There shall be no cause of action against any person for

failure to mention, discuss, suggest, propose, recommend, or refer

for, abortion, unless the abortion is necessary to prevent the death

of the mother.

F. This section shall not be severable from the Genetic

Counseling Licensure Act.
Okla. Stat. tit. 63, § 63-1-211 — OK Code / Title 63 / Section 63-1-211
Organization - Meetings - Compensation
Status: in_force

Such city-county board of health shall organize by electing a

chairman and other necessary officers and shall meet at such times,

in such manner, and upon such notice as the board shall prescribe;

provided, that at least one meeting shall be held annually. The

members of such board shall serve without compensation.
Okla. Stat. tit. 63, § 63-1-229.17 — OK Code / Title 63 / Section 63-1-229.17
Vending machine sales restricted
Status: in_force

It shall be unlawful for any person to sell tobacco products,

nicotine products or vapor products through a vending machine unless

the vending machine is located:

1. In areas of factories, businesses, offices or other places

that are not open to the public; and

2. In places that are open to the public, but to which persons

under twenty-one (21) years of age are not admitted.
Okla. Stat. tit. 63, § 63-2200.24A — OK Code / Title 63 / Section 63-2200.24A
Uniformity of application and construction
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1370

In applying and construing this uniform act, consideration must

be given to the need to promote uniformity of the law with respect

to its subject matter among states that enact it.
Okla. Stat. tit. 63, § 63-95 — OK Code / Title 63 / Section 63-95
Surrender of body when claimed
Status: in_force

After an unclaimed body has been received by the Anatomical

Board’s agent, and has been preserved and stored, the body may be

claimed within thirty (30) days after death, by relatives, friends,

fraternal or charitable organizations, for burial or cremation, at

the expense of the claimant, and the body shall thereupon be

surrendered to such claimant. If a body is claimed for burial or

cremation, whether by a private person, organization or a county,

and the body was embalmed at the expense of the agent, the claimant

shall reimburse the agent for the cost of embalming and

transportation.
Okla. Stat. tit. 63, § 63-1-229.32 — OK Code / Title 63 / Section 63-1-229.32
Other penalties authorized by law not excluded
Status: in_force

Nothing in the Prevention of Youth Access to Alcoholic Beverages

and Low-Point Beer Act shall be construed to prevent the imposition

of any penalty as otherwise specified in the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-3250.9 — OK Code / Title 63 / Section 63-3250.9
Waivers authorizing Medicaid supplements
Status: in_force

The Oklahoma Health Care Authority Board shall submit an

application for any waiver necessary to authorize Medicaid

supplements to hospital districts to the extent permitted by federal

law and pursuant to the Oklahoma Community Hospitals Public Trust

Authorities Act.
Okla. Stat. tit. 63, § 63-1-706.11 — OK Code / Title 63 / Section 63-1-706.11
Recognition of Center as resource to state's
Status: in_force

emergency medical services system.

A. The Oklahoma Emergency Medical Services for Children

Resource Center, operated within the Department of Pediatrics

through its Section of General Pediatrics and within the University

of Oklahoma College of Medicine, shall be recognized by the State

Department of Health as a resource to the state's overall emergency

medical services system, thus ensuring that children have access to

quality pediatric emergency medical services, including, but not

limited to, prehospital and hospital care.

B. As funds are available, the State Department of Health may

contract with the Center for the implementation of this act.
Okla. Stat. tit. 63, § 63-1-818.16 — OK Code / Title 63 / Section 63-1-818.16
Renumbered as § 1430.16 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-534.2 — OK Code / Title 63 / Section 63-1-534.2
State Plan for the Prevention and Treatment of AIDS -
Status: in_force

Contents.

The State Plan for the Prevention and Treatment of AIDS shall

include, but not be limited to:

1. Coordinated or joint recommendations for funding,

legislation and other appropriate action for the prevention and

control of the spread of the Human Immunodeficiency Virus and AIDS,

the provision of necessary treatment and other services to persons

infected with the virus, and the protection of human and civil

rights and the health of the citizens of this state;

2. Education and information programs about the Human

Immunodeficiency Virus and AIDS which are intended for the general

public, health care professionals and other professionals, and

specialized education and information efforts, as appropriate, for

the effective prevention and control of the spread of the Human

Immunodeficiency Virus and AIDS. The programs shall include, but

not be limited to, instruction indicating that:

a. engaging in any promiscuous homosexual, bisexual or

heterosexual activity or intravenous chemical

substance use, or contact with contaminated blood

products is now known to be the primary method of

transmission of the Human Immunodeficiency Virus and

AIDS,

b. avoiding the activities specified in subparagraph a of

this paragraph is the only known method of preventing

the spread of the Human Immunodeficiency Virus and

AIDS,

c. sexual intercourse, with or without condoms, with any

person testing positive for Human Immunodeficiency

Oklahoma Statutes - Title 63. Public Health and Safety Page 232

Virus (HIV) antibodies, or any other person infected

with HIV, places an individual in a high-risk category

for contracting AIDS,

d. abstinence from sexual activity is the only certain

means of preventing the spread or contraction of the

Human Immunodeficiency Virus or AIDS through sexual

contact, and

e. the use of artificial means of birth control is not a

guaranteed method of preventing the spread of the

Human Immunodeficiency Virus or AIDS, and reliance on

such a method places a person at risk for exposure to

the disease;

3. An appropriate array of Human Immunodeficiency Virus testing

and counseling programs and services, and Human Immunodeficiency

Virus prevalence surveillance and monitoring activities, including

reporting and notification of contacts, as prudent and necessary for

the protection of the public health and safety;

4. Testing and education programs and services designed to

prevent and control the spread of the Human Immunodeficiency Virus

and AIDS among intravenous chemical substance users; and

5. Case management and other programs that ensure access to

needed health care and that reduce the cost of treatment for persons

with AIDS.
Okla. Stat. tit. 63, § 63-7320 — OK Code / Title 63 / Section 63-7320
Prohibiting step therapy requirements for certain drug to
Status: in_force

treat advanced metastatic cancer and associated conditions.

For the purpose of prohibiting step therapy requirements for

certain prescription drugs to treat advanced metastatic cancer and

associated conditions.

As used in this section:

1. "Associated conditions" means the symptoms or side effects

associated with advanced metastatic cancer or its treatment and

which, in the judgment of the health care practitioner, will further

jeopardize the health of a patient if left untreated; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1792

2. "Advanced metastatic cancer" means cancer that has spread

from the primary or original site of the cancer to nearby tissues,

lymph nodes, or other areas or parts of the body.
Okla. Stat. tit. 63, § 63-1-1109 — OK Code / Title 63 / Section 63-1-1109
Adulterated food
Status: in_force

A food shall be deemed to be adulterated:

(a) (1) if it bears or contains any poisonous or deleterious

substance which may render it injurious to health; but in case the

substance is not an added substance, such food shall not be

considered adulterated under this clause if the quantity of such

substance in such food does not ordinarily render it injurious to

health; or (2) if it bears or contains any added poisonous or added

deleterious substance which is unsafe within the meaning of Section

1112 of this article; or (3) if it consists in whole or in part of a

diseased, contaminated, filthy, putrid, or decomposed substance, or

if it is otherwise unfit for food; or (4) if it has been produced,

prepared, packed, or held under insanitary conditions whereby it may

have been rendered diseased, unwholesome, or injurious to health; or

(5) if it is the product of a diseased animal or an animal which has

died otherwise than by slaughter, or that has been fed upon the

uncooked offal from a slaughterhouse; or (6) if its container is

composed, in whole or in part, of any poisonous or deleterious

substance which may render the contents injurious to health.

(b) (1) if any valuable constituent has been in whole or in part

omitted or abstracted therefrom; or (2) if any substance has been

substituted wholly or in part therefor; or (3) if damage or

inferiority has been concealed in any manner; or (4) if any

substance has been added thereto or mixed or packed therewith so as

to increase its bulk or weight, or reduce its quality or strength or

make it appear better or of greater value than it is.

(c) if it is confectionery and it bears or contains any alcohol

or nonnutritive article of substance except harmless coloring,

harmless flavoring, harmless resinous glaze not in excess of four-

tenths of one percent (4/10 of 1%), harmless natural wax not in

excess of four-tenths of one percent (4/10 of 1%), harmless natural

gum and pectin; provided, that this paragraph shall not apply to any

confectionery by reason of its containing less than one-half of one

percent (1/2 of 1%) of volume of alcohol derived solely from the use

of flavoring extracts, or to any chewing gum by reason of its

containing harmless nonnutritive masticatory substances.

(d) if it bears or contains a coal tar color other than one from

a batch which has been certified under authority of the Federal Act.
Okla. Stat. tit. 63, § 63-2810 — OK Code / Title 63 / Section 63-2810
Duties or liabilities of public telephone utility not
Status: in_force

affected.

Nothing contained in this act shall be deemed to establish or

impose upon any public telephone utility providing services needed

to implement the provisions hereof any duties or liabilities beyond

those specified in applicable tariffs filed with the Oklahoma

Corporation Commission.
Okla. Stat. tit. 63, § 63-2804 — OK Code / Title 63 / Section 63-2804
Services included in system
Status: in_force

Every system may include police, fire fighting and emergency

medical and ambulance services, and may include other emergency

services, in the discretion of the affected public agency, such as

poison control services, suicide prevention services and emergency

management services. The system may incorporate a private ambulance

service. In those areas in which a public safety agency of the

state provides such emergency services, the system may include such

public safety agencies.
Okla. Stat. tit. 63, § 63-1-745.11 — OK Code / Title 63 / Section 63-1-745.11
Construction of act
Status: in_force

Nothing in the Pain-Capable Unborn Child Protection Act shall be

construed as creating or recognizing a right to abortion.
Okla. Stat. tit. 63, § 63-3310 — OK Code / Title 63 / Section 63-3310
Public trust hospitals — Joint ventures — Exemption from
Status: in_force

Oklahoma Open Meeting Act and Oklahoma Open Records Act.

In the event a public trust hospital enters into a joint venture

with or acquires an interest in a not-for-profit entity to

effectuate the administration of the mission of the public trust,

that entity shall not be subject to the Oklahoma Open Meeting Act

and the Oklahoma Open Records Act. Any information submitted to or

compiled by the public trust with respect to marketing plans,

financial statements, trade secrets, research concepts, methods or

products or any other proprietary information submitted to or

compiled by the trust, persons, firms, associations, partnerships,

agencies, corporations, institutions of higher education, nonprofit

research institutions, or other entities shall be confidential,

except to the extent that the person or entity which provided such

information or which is the subject of such information consents to

disclosure. Executive sessions may be held to discuss such

materials if deemed necessary by the trust. The provisions of this

section shall not apply to budgetary information related to

appropriations or the appropriations process. For purposes of this

section, "public trust hospital" is defined as any hospital created

pursuant to Section 176.1 of Title 60 of the Oklahoma Statutes or

Section 790.1 of Title 19 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-4210.9 — OK Code / Title 63 / Section 63-4210.9
Implied consent to administer drug or alcohol test
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1673

A. 1. Any person who operates a vessel upon the waters of this

state shall be deemed to have given consent to a test or tests of

the blood or breath of the person, for the purpose of determining

the alcohol concentration as defined in Section 7 of this act, and

the blood, saliva or urine of the person, for the purpose of

determining the presence or concentration of any other intoxicating

substance as defined in this section, if arrested for any offense

arising out of acts alleged to have been committed while the person

was operating or in actual physical control of a vessel upon the

waters of this state while under the influence of alcohol or other

intoxicating substance, or the combined influence of alcohol and any

other intoxicating substance, or if the person is involved in a

boating collision that resulted in the immediate death or serious

injury of any person and is removed from the scene of the collision

to a hospital or other health care facility outside this state

before a law enforcement officer can effect an arrest.

2. A law enforcement officer, having reasonable grounds to

believe that such person was operating or in actual physical control

of a vessel while under the influence may direct the administration

of or administer the test or tests.

3. As used in this section, "other intoxicating substance"

means any controlled dangerous substance as defined in the Uniform

Controlled Dangerous Substances Act and any other substance, other

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

or absorbed into the human body and is capable of adversely

affecting the central nervous system, vision, hearing or other

sensory or motor functions.

B. 1. The law enforcement agency by which the arresting

officer is employed may designate, in accordance with the rules of

the Board of Tests for Alcohol and Drug Influence, whether blood or

breath is to be tested for the alcohol concentration thereof, and

whether blood, saliva or urine is to be tested for the presence or

concentration of any other intoxicating substance therein.

2. In the event the law enforcement agency does not designate

the test to be administered, breath shall be the substance tested

for alcohol concentration. Blood may also be tested to determine

the alcohol concentration thereof in the event that breath cannot be

tested to determine the alcohol concentration thereof because of the

lack of an approved device or qualified person to administer a

breath test or because such breath test for any other reason cannot

be administered in accordance with the rules of the Board.

3. In the event the law enforcement agency does not designate

the test to be administered, blood, saliva or urine shall be the

substance tested for the presence or concentration of any other

intoxicating substance or the combination of alcohol and any other

intoxicating substance.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1674

C. In the event the person is incapable of submitting to and

successfully completing, by reason of illness or injury or other

physical disability, the test to be administered, an alternate test

may be administered in accordance with the rules of the Board.

D. 1. Any person who is unconscious or otherwise incapable of

refusing to submit to a test of the blood or breath of the person to

determine the alcohol concentration thereof, or to a test of the

blood, saliva or urine of the person to determine the presence or

concentration of any other intoxicating substance therein, shall be

deemed not to have withdrawn the consent provided by subsection A of

this section, and such test may be administered as provided herein.

2. An unconscious person who has been issued a citation by a

law enforcement officer for one of the offenses listed in subsection

A of this section is arrested for purposes of this section. The

arresting officer must leave a copy of the citation with the

arrested person which may be accomplished by handing it to the

arrested person, or by leaving it with the personal effects of the

arrested party, so as to inform the unconscious person of the

arrest.

3. Any person who has been arrested for one of the offenses

listed in subsection A of this section who is unconscious or injured

and who requires immediate medical treatment as determined by a

treating physician may be released by the arresting officer on the

recognizance of the person for medical reasons. The arresting

officer who releases an arrested person on the recognizance of the

person must indicate the release on the face of the citation. Any

person released on his or her own recognizance for medical reasons

shall remain at liberty pending the filing of charges.

E. In addition to any test designated by the arresting officer,

the arrested person may also designate any additional test to be

administered to determine the concentration of alcohol, or the

presence or concentration of any other intoxicating substance or the

combination of alcohol and any other intoxicating substance. The

cost of such additional test shall be at the expense of the arrested

person.

A sufficient quantity of any specimen obtained at the

designation of the arrested person shall be available to the law

enforcement agency employing the arresting officer. Such specimens

shall be treated in accordance with the rules applicable to the

specimens obtained by an arresting officer.

F. When a law enforcement officer has determined that the blood

alcohol content of an individual is to be tested for the presence or

concentration of alcohol, other intoxicating substance, or the

combination of alcohol and any other intoxicating substance, the law

enforcement officer shall inform the individual to be tested that

the withdrawal of blood shall only be performed by certain medical

personnel as provided for in Section 4 of this act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1675
Okla. Stat. tit. 63, § 63-1-2011 — OK Code / Title 63 / Section 63-1-2011
Renumbered as § 2-7-130 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-2005.3B — OK Code / Title 63 / Section 63-1-2005.3B
Renumbered as § 2-7-120 of Title 27A by Laws 1993,
Status: in_force

c. 145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-124.5 — OK Code / Title 63 / Section 63-124.5
Records
Status: in_force

Every person permitted pursuant to the provisions of this

division, including those holding federal licenses or permits, shall

keep such records as may be required by the State Fire Marshal.

Records shall be maintained for a period of not less than five (5)

years following the year in which the record is made. All such

records shall be open to inspection by the State Fire Marshal and

his assistants during normal business hours.
Okla. Stat. tit. 63, § 63-1-1160 — OK Code / Title 63 / Section 63-1-1160
False advertising or misbranding food - Penalties
Status: in_force

A. As used in this act:

1. "Agricultural food animal" means any domesticated animal

belonging to the bovine, caprine, ovine, or porcine species, or any

domesticated chicken or turkey;

2. "Cultivated-protein food product" means a food product

having one or more sensory attributes that resemble a type of tissue

originating from an agricultural food animal but that, in lieu of

being derived from meat processing, is derived from manufacturing

cells or nonanimal sources, including processes in which one or more

stem cells are initially isolated from an agricultural food animal,

are grown in vitro, and may be manipulated, as part of a

manufacturing operation;

3. "Identifying meat term" means any word or phrase that

states, indicates, suggests, or describes a meat product and

includes any:

a. common name for the species of the agricultural food

animal subject to slaughter and processing, including

calf, chicken, cow, goat, hog, kid, lamb, pig,

poultry, sheep, or turkey,

b. any characteristic of a species of the agricultural

food animal subject to slaughter and processing,

including beef, broiler, cabrito, chevon, fryer, lamb,

mutton, pork, poulet, veal, or yearling, and

c. common name used to describe a major cut of a meat of

an agricultural food animal slaughtered and processed,

including a major meat cut or any other common name

that a reasonable purchaser would immediately and

exclusively associate with a meat product prepared for

sale in normal commercial channels, including bacon,

bologna, bone, brat, bratwurst, brisket, burger, butt,

chop, chuck, cold cut, cutlet, filet, flat iron,

frank, frankfurter, ham, hamburger, hock, hot dog,

Oklahoma Statutes - Title 63. Public Health and Safety Page 596

jerky, liverwurst, loin, London broil, lunch meat, New

York strip, pepperoni, porterhouse, rib, ribeye,

roast, salami, sausage, shank, sirloin, sparerib,

tenderloin, or any comparable word or phrase;

4. "Insect-protein food product" means a food product having

one or more sensory attributes that resemble a type of tissue

originating from an agricultural food animal but that, in lieu of

being derived from meat processing, is derived from manufacturing

insect parts;

5. "Manufactured-protein food product" means a cultivated

protein food product, insect-protein food product, or plant-protein

food product containing more than a trace amount of plant-protein

food products;

6. "Plant-protein food product" means a food product having one

or more sensory attributes that resemble a type of tissue found in a

species of agricultural food animal but that, in lieu of being

derived from meat processing, is derived from manufacturing plant

parts; and

7. "Qualifying term" means a word, compound word, or phrase

that would clearly disclose to a reasonable purchaser of meat

products that a food product is not a meat product including cell-

cultivated, cell-cultured, fake, grown in a lab, imitation, insect,

insect-based, insect protein, lab-created, lab-grown, meat-free,

meatless, plant, plant-based, vegan, vegetable, vegetarian, veggie,

or any comparable word or phrase.

B. No person shall falsely advertise or misbrand any food or

distribute, offer for sale, or sell any misbranded food.

C. A food shall be deemed to be falsely advertised or

misbranded if:

1. For any manufactured-protein food product that is labeled

with an identifying meat term, such manufactured-protein food

product is not labeled with a conspicuous and prominent qualifying

term in close proximity to the identifying meat term; or

2. For any manufactured-protein food product that is labeled

with an identifying meat term and offered for sale at a food

establishment, such manufactured-protein food product is not labeled

in a manner that is clearly and distinctly separate from any product

that is made from tissue originating from any agricultural food

animal.

D. A manufactured-protein food product is falsely advertised or

misbranded if:

1. All labeling or advertising for such manufactured-protein

food product that lists an identifying meat term does not include a

conspicuous and prominent qualifying term in close proximity to the

identifying meat term; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 597

2. For any manufactured-protein food product that is offered

for sale at a food establishment, such manufactured-protein food

product is not stored in a manner that:

a. keeps such product separate from tissue originating

from agricultural food animals, and

b. uses distinctive shelf tags or other posted

representations to identify and distinguish such

manufactured-protein food product from tissue

originating from agricultural food animals.

E. The Department of Agriculture, Food, and Forestry shall

investigate all credible complaints that food products are falsely

advertised or misbranded as meat products.

F. Any person who violates the provisions of this act shall,

upon conviction, be guilty of a misdemeanor.

G. A manufacturer of food under Sections 1-1118, 1-1118.1, and

1-1119 of Title 63 of the Oklahoma Statutes that violates this act

shall be subject to all enforcement measures as provided by rule of

the Department of Agriculture, Food, and Forestry.

H. The Department of Agriculture, Food, and Forestry may adopt

rules as necessary to implement this section.
Okla. Stat. tit. 63, § 63-1-2506 — OK Code / Title 63 / Section 63-1-2506
Performance of medical procedures
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 830

Licensed and certified emergency medical personnel, while a duty

to act is in effect, shall perform medical procedures to assist

patients to the best of their abilities under the direction of a

medical director or in accordance with written protocols, which may

include standing orders, authorized and developed by the medical

director and approved by the State Department of Health when not in

conflict with standards approved by the State Board of Health,

giving consideration to the recommendations of the Trauma and

Emergency Response Advisory Council created in Section 44 of this

act. Licensure, certification and authorization for emergency

medical personnel to perform medical procedures must be consistent

with provisions of this act, and rules adopted by the Board.

Medical control and medical directors shall meet such requirements

as prescribed through rules adopted by the Board.
Okla. Stat. tit. 63, § 63-684.7 — OK Code / Title 63 / Section 63-684.7
Liability
Status: in_force

ARTICLE VI

Liability

Officers or employees of a party state rendering aid in another

state pursuant to this compact shall be considered agents of the

requesting state for tort liability and immunity purposes. No party

state or its officers or employees rendering aid in another state

pursuant to this compact shall be liable on account of any act or

omission in good faith on the part of such forces while so engaged

Oklahoma Statutes - Title 63. Public Health and Safety Page 1244

or on account of the maintenance or use of any equipment or supplies

in connection therewith. Good faith in this article shall not

include willful misconduct, gross negligence, or recklessness.
Okla. Stat. tit. 63, § 63-1-107.1A — OK Code / Title 63 / Section 63-1-107.1A
Eldercare Revolving Fund
Status: in_force

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

Fund for the State Department of Health to be designated the

"Eldercare Revolving 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.

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

appropriated and may be budgeted and expended by the State

Department of Health for operation of local Eldercare case

management programs. A full accounting of the expenditures of the

program shall be sent to the Speaker of the House of

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

Governor by January 15 of each year. Expenditures from the fund

shall be made upon warrants issued by the State Treasurer against

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

Management and Enterprise Services for approval and payment.

C. The Eldercare Revolving Fund shall not be used for the costs

the State Department of Health incurs in administering the local

programs.

D. The State Department of Health shall recognize and reimburse

indirect costs for Eldercare programs, administered by contractors,

if the costs are charged in accordance with an indirect cost

allocation plan developed in accordance with federal guidelines

established by the United States Office of Management and Budget

Circular A-87. In no case shall the State Department of Health

reimburse indirect costs in excess of twenty percent (20%) of total

direct salaries for Eldercare and Advantage program personnel.
Okla. Stat. tit. 63, § 63-2-507 — OK Code / Title 63 / Section 63-2-507
Itemization and submission for destruction
Status: in_force

Any peace officer of this state seizing any of the property

described in paragraphs 1 and 2 of subsection A of Section 2-503 of

this title shall cause a written inventory to be made and maintain

custody of the same until all legal actions have been exhausted

unless such property has been placed in lawful custody of a court or

state or federal law enforcement agency or unless otherwise provided

by law. After all legal actions have been exhausted with respect to

such property, the property shall be surrendered by the court, law

enforcement agency or person having custody of the same to the

Oklahoma State Bureau of Investigation to be destroyed as provided

in Section 2-508 of this title. The property shall be accompanied

with a written inventory on forms to be furnished by the Oklahoma

State Bureau of Investigation.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1036
Okla. Stat. tit. 63, § 63-2351 — OK Code / Title 63 / Section 63-2351
Definitions
Status: in_force

As used in this act:

1. "Safety glazing material" means any glazing material, such

as tempered glass, laminated glass, wire glass or rigid plastic,

which meets the test requirements of ANSI Standard Z-97.1-1966 and

such further requirements as may be adopted by the State Health

Department after notice and hearing as required by the

Administrative Procedures Act, and which are so constructed, treated

or combined with other materials as to minimize the likelihood of

cutting and piercing injuries resulting from human contact with the

glazing material.

2. "Hazardous locations" means those installations, glazed or

to be glazed in commercial and public buildings, known as framed or

unframed glass extrance doors; and those installations, glazed or to

be glazed in residential buildings and other structures used as

dwellings, commercial buildings, and public buildings, known as

sliding glass doors, storm doors, shower doors, bathtub enclosures,

and fixed glazed panels adjacent to entrance and exit doors which

because of their location present a barrier in the normal path

traveled by persons going into or out of these buildings, and

because of their size and design may be mistaken as means of ingress

or egress; and any other installation, glazed or to be glazed,

wherein the use of other than safety glazing materials would

constitute an unreasonable hazard as the State Department of Health

may determine after notice and hearings as required by the

Administrative Procedures Act; whether or not the glazing in such

doors, panels, enclosures and other installations is transparent.
Okla. Stat. tit. 63, § 63-1-746.6 — OK Code / Title 63 / Section 63-1-746.6
Reporting form for physicians
Status: in_force

A. Within ninety (90) days after this act is enacted, the State

Board of Medical Licensure and Supervision shall prepare a reporting

form for physicians containing a reprint of this act and listing:

1. The number of females to whom the physician or an agent of

the physician provided the information described in paragraph 1 of

Section 2 of this act; of that number, the number provided by

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

numbers, the number provided in the capacity of a referring

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

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

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

physician;

Oklahoma Statutes - Title 63. Public Health and Safety Page 423

2. The number of females who availed themselves of the

opportunity to obtain a copy of the printed information described in

Section 3 of this act other than on the website, and the number who

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

of the reporting physician's information and belief, went on to

obtain the abortion; and

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

information otherwise required to be provided at least seventy-two

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

immediate abortion was necessary to avert the female's death, and

the number of abortions in which such information was not so

provided because a delay would create serious risk of substantial

and irreversible impairment of a major bodily function.

B. The Board shall ensure that copies of the reporting forms

described in subsection A of this section are provided:

1. Within one hundred twenty (120) days after this act is

enacted, to all physicians licensed to practice in this state;

2. To each physician who subsequently becomes newly licensed to

practice in this state, at the same time as official notification to

that physician that the physician is so licensed; and

3. By December 1 of each year, other than the calendar year in

which forms are distributed in accordance with paragraph 1 of this

subsection, to all physicians licensed to practice in this state.

C. By February 28 of each year following a calendar year in any

part of which this act was in effect, each physician who provided,

or whose agent provided, information to one or more females in

accordance with Section 2 of this act during the previous calendar

year shall submit to the Board a copy of the form described in

subsection A of this section, with the requested data entered

accurately and completely.

D. Reports that are not submitted by the end of a grace period

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 they are

overdue. Any physician required to report in accordance with this

section 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 Board, be directed by a court of

competent jurisdiction to submit a complete report within a period

stated by court order or be subject to sanctions for civil contempt.

E. By June 30 of each year the State Board of Medical Licensure

and Supervision 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,

adjusted to reflect any additional information from late or

Oklahoma Statutes - Title 63. Public Health and Safety Page 424

corrected reports. The Board shall take care to ensure that none of

the information included in the public reports could reasonably lead

to the identification of any individual provided information in

accordance with paragraph 1 of Section 2 of this act.

F. The Board may by rule alter the dates established by

paragraph 3 of subsection B or subsection C or E of this section or

consolidate the forms or reports described in this section with

other forms or reports to achieve administrative convenience or

fiscal savings or to reduce the burden of reporting requirements, so

long as reporting forms are sent to all licensed physicians in the

state at least once every year and the report described in

subsection E of this section is issued at least once every year.
Okla. Stat. tit. 63, § 63-2550.1 — OK Code / Title 63 / Section 63-2550.1
Definitions
Status: in_force

As used in Sections 2550.1 through 2550.4 of this title:

1. “Covered person” means an individual who receives medical

care and treatment through a managed care plan. In the case of a

minor child, the term includes the parent or legal guardian of the

child and, in the case of an incapacitated or partially

incapacitated person, the legal guardian of that person;

2. “Degenerative and disabling condition or disease” means a

condition or disease caused by a congenital or acquired injury or

illness that requires a specialized rehabilitation program or a high

level of care, service, resources or continued coordination of care

in the community;

3. “Designee of the covered person” means an individual

designated by the covered person to represent the interests of the

covered person, including the covered person’s provider;

4. “Managed care plan” means a plan operated by a managed care

entity, including the Oklahoma State and Education Employees Group

Insurance Board, that provides for the financing and delivery of

health care services to persons enrolled in such plan through:

a. arrangements with selected providers to furnish health

care services,

b. standards for the selection of participating

providers,

c. organizational arrangements for ongoing quality

assurance, utilization review programs, and dispute

resolution, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1399

d. financial incentives for persons enrolled in the

managed care plan to use the participating providers

and procedures provided for by the managed care plan;

provided, however, the term “managed care plan” shall not include a

preferred provider organization (PPO) as defined in Section 6054 of

Title 36 of the Oklahoma Statutes, or a certified workplace medical

plan as defined in Section 14.2 of Title 85 of the Oklahoma

Statutes;

5. “Provider” shall have the same meaning as such term is

defined by a health maintenance organization, an indemnity plan or a

preferred provider organization; and

6. “Treatment plan” means a proposal developed for a covered

person that is specifically tailored to the individual’s treatment

needs for a specific illness or condition, and that includes, but is

not limited to:

a. a statement of treatment goals or objectives, based

upon and related to a medical evaluation,

b. treatment methods and procedures to be used to obtain

these goals, and

c. identification of the types of professional personnel

who will carry out the treatment procedures.
Okla. Stat. tit. 63, § 63-1-107.4 — OK Code / Title 63 / Section 63-1-107.4
Oklahoma Department of Health Civil Monetary Penalty
Status: in_force

Revolving Fund.

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

State Department of Health to be designated the "Oklahoma Department

of Health Civil Monetary Penalty Revolving Fund". The fund shall be

a continuing fund, not subject to fiscal year limitations. It shall

consist of monies received by the State Department of Health which

emanate from fines and assessments against Oklahoma nursing homes

and other long-term and non-long-term care facilities found to be

noncompliant with federal conditions of participation.

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

appropriated and may be budgeted and expended by the State

Department of Health at the discretion of the Commissioner of Health

for the protection of the health or property of residents of nursing

facilities.

C. All expenditures shall be in compliance with requirements of

the Centers for Medicare and Medicaid Services. Expenditures from

the fund shall be made upon warrants issued by the State Treasurer

against claims filed as prescribed by law with the Director of the

Office of Management and Enterprise Services for approval and

payment.

Oklahoma Statutes - Title 63. Public Health and Safety Page 86

D. The Commissioner of Health may request the Director of the

Office of Management and Enterprise Services to transfer monies

between the Oklahoma Department of Health Civil Monetary Penalty

Revolving Fund and any other fund of the Department, as needed for

the proper expenditure of funds.
Okla. Stat. tit. 63, § 63-3285 — OK Code / Title 63 / Section 63-3285
Annual report to Governor and Legislature
Status: in_force

The Oklahoma State University Medical Authority shall submit an

annual report to the Governor, the President Pro Tempore of the

Senate and the Speaker of the House of Representatives. Such report

shall be submitted in accordance with the requirements for financial

statement audits in Section 212A of Title 74 of the Oklahoma

Statutes, and shall include an account of the operations and actions

of the Authority and an accounting of all revenue received and

disbursed by the Authority for the previous fiscal year. The report

shall include an accounting of expenses related to each of the

following:

1. Education and training of students of the Oklahoma State

University, resident physicians and others;

2. Care and treatment of patients for whom the Authority

receives any form of state or federal reimbursement; and

3. Research.
Okla. Stat. tit. 63, § 63-1-1923 — OK Code / Title 63 / Section 63-1-1923
Long-Term Care Facility Advisory Board
Status: in_force

A. There is hereby re-created, to continue until July 1, 2025,

in accordance with the provisions of the Oklahoma Sunset Law, a

Long-Term Care Facility Advisory Council which shall be composed as

follows:

1. The Governor shall appoint a thirteen-member Long-Term Care

Facility Advisory Council which shall advise the State Commissioner

of Health. The Advisory Council shall be comprised of the following

persons:

a. one representative from the Oklahoma Health Care

Authority, designated by the Administrator,

b. one representative from the Department of Mental

Health and Substance Abuse Services, designated by the

Commissioner of Mental Health and Substance Abuse

Services,

c. one representative from the Department of Human

Services, designated by the Director of Human

Services,

d. one member who shall be a licensed general

practitioner of the medical or osteopathic profession,

e. one member who shall be a registered pharmacist,

f. one member who shall be a licensed registered nurse or

licensed practical nurse,

g. one member who shall be an operator-administrator of a

nursing home which has a current license issued

pursuant to the Nursing Home Care Act and who shall

have had five (5) years’ experience in the nursing

home profession as an operator-administrator,

h. one member who shall be an operator-administrator of a

residential care home licensed pursuant to the

provisions of the Residential Care Act,

i. one member who shall be an owner-operator of an adult

day care facility licensed pursuant to the provisions

of the Adult Day Care Act,

j. one member who shall be an owner-operator of a

continuum of care facility or assisted living center

licensed pursuant to the provisions of the Continuum

of Care and Assisted Living Act,

Oklahoma Statutes - Title 63. Public Health and Safety Page 710

k. two members who shall be over the age of sixty-five

(65) who shall represent the general public and have

no long-term care professional work history, and

l. one member who shall be over the age of sixty-five

(65) who shall represent the general public and who

advocates for individuals receiving long-term care

services; and

2. Appointments shall be for two-year terms. Members shall

serve at the pleasure of their designators. Members may be

reappointed not to exceed two terms. In case of a vacancy, the

Governor shall appoint individuals to fill the remainder of the

term.

B. The State Department of Health shall provide administrative

support to perform designated duties of the Advisory Council. The

Department shall also provide space for meetings of the Advisory

Council.

C. The Advisory Council shall annually elect a chair, vice-

chair and secretary-treasurer, shall meet at least quarterly, and

may hold such special meetings as may be necessary. The members of

the Advisory Council shall be reimbursed as provided for by the

State Travel Reimbursement Act.

D. The Advisory Council shall have the power and duty to:

1. Serve as an advisory body to the Department for the

development and improvement of services to and care and treatment of

residents of facilities subject to the provisions of the Nursing

Home Care Act, homes subject to the provisions of the Residential

Care Act and facilities subject to the provisions of the Adult Day

Care Act;

2. Review and make recommendations regarding quality of

services, care, and treatment provided to individuals receiving

services from entities that are subject to the Nursing Home Care

Act, the Residential Care Act and the Adult Day Care Act; and

3. Evaluate and review the standards, practices, and procedures

regarding the administration and enforcement of the provisions of

the Nursing Home Care Act, the Residential Care Act and the Adult

Day Care Act.
Okla. Stat. tit. 63, § 63-1056 — OK Code / Title 63 / Section 63-1056
Petitions and elections to discontinue the construction of additional public housing
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 42of additional public housing projects.

A. 1. Upon the filing of a petition by five percent (5%) of

the qualified voters of the city or county, as the case may be,

asserting there is need for limiting an authority to its existing

operations and prohibiting such authority from engaging in

additional projects or additions to existing projects, or upon its

own motion, the governing body of that city or county, as the case

may be, shall call an election of the qualified voters residing in

the area of the authority for the purpose of deciding whether or not

the authority shall be limited to its existing operations and

prohibited from engaging in additional projects or additions to

existing projects.

2. The date for such election shall be set by the governing

body by resolution; provided, that such election shall be held not

less than eight (8) weeks nor more than twelve (12) weeks after the

date such petition is filed.

B. If a protest to such petition is filed, the burden of

proving the insufficiency of such petition shall be upon the

protestants. The hearing on such protest shall be held and the

protest decided by the governing body within four (4) weeks after

the filing thereof.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1310

C. 1. At such election the question before the voters shall

be:

Shall the Public Housing Authority of ___________ be limited to

its existing operations and prohibited from engaging in additional

projects or making additions to existing projects?

( ) YES

( ) NO

2. The question shall be decided by a majority of those voting

thereon.

D. The authority shall be limited to its existing operations

and prohibited from engaging in additional projects or additions to

existing projects upon certification that a majority of those voting

thereon have voted in the affirmative.

E. 1. If an authority has been so limited and prohibited as a

result of such an election the filing of a petition by five percent

(5%) of the qualified voters of the city or county, as the case may

be, asserting that there is a need for restoring the power of an

authority to engage in additional projects and additions to existing

projects, the governing body shall, by resolution, call an election

of the qualified voters residing in the area of the authority for

the purpose of deciding whether such power shall be restored.

2. Such election shall be held not less than eight (8) weeks

nor more than twelve (12) weeks after the date such petition is

filed.

3. If a protest to such petition is filed, the burden of

proving the insufficiency of such petition shall be upon the

protestants. The hearing on such protest shall be held and the

protest decided by the governing body within four (4) weeks after

the filing thereof.

4. At such election the question before the voters shall be:

a. Shall the power of the Public Housing Authority of

______ to engage in additional projects and to make

additions to existing projects be restored?

( ) YES

( ) NO

b. The question shall be decided by a majority of those

voting thereon.

F. No election under subsection C or E of this section shall be

called or held within twelve (12) months after the last election

thereunder.

G. A public housing authority whose powers have been limited by

an election held pursuant to this section prior to November 1, 1998,

shall have its powers fully restored by operation of law if a period

of at least fifteen (15) years has elapsed from the date the

election results were certified.
Okla. Stat. tit. 63, § 63-1-1916.2 — OK Code / Title 63 / Section 63-1-1916.2
Denial, refusal to renew, suspension or revocation of
Status: in_force

license.

The State Department of Health may deny, refuse to renew,

suspend or revoke a license or assess administrative penalties to an

applicant, licensee, or facility which has a history of

noncompliance or incomplete or partial compliance with or repeated

violations of the provisions of the Nursing Home Care Act or the

standards, rules or regulations of the Board issued pursuant to the

provisions of the Nursing Home Care Act or other satisfactory

evidence which demonstrates that the applicant or licensee is

unlikely to manage or operate a facility or to provide care or

treatment to the residents of a home in a manner which warrants

public trust.
Okla. Stat. tit. 63, § 63-1-702a — OK Code / Title 63 / Section 63-1-702a
Licensing of birthing centers to cease
Status: in_force

A. On and after the effective date of this act, the State

Department of Health shall cease licensing birthing centers. No new

license shall be issued, and no current license shall be renewed

upon expiration. Provided, however, this subsection shall not be

construed to exempt a hospital that operates a birthing center from

the requirement to obtain a hospital license under Section 1-702 of

this title.

B. The State Commissioner of Health shall promulgate rules

establishing standards for day treatment programs other than those

operated by community mental health centers.
Okla. Stat. tit. 63, § 63-3101.6 — OK Code / Title 63 / Section 63-3101.6
Advance directive - Revocation
Status: in_force

A. An advance directive may be revoked in whole or in part at

any time and in any manner by the declarant, without regard to the

declarant's mental or physical condition. A revocation is effective

upon communication to the attending physician or other health care

provider by the declarant or a witness to the revocation.

B. The attending physician or other health care provider shall

make the revocation a part of the declarant's medical record.