Okla. Stat. tit. 63, § 63-1-1531 — OK Code / Title 63 / Section 63-1-1531
Smoking cessation fee
Status: in_force

A. Smoking remains the number one preventable cause of death in

Oklahoma, killing more people than AIDS, alcohol, car accidents,

illegal drugs, murders and suicides combined. Eighty-eight thousand

Oklahoma children alive today will die prematurely of smoking-

related illnesses. Increasing the price point of cigarettes is the

single most effective strategy to reduce cigarette consumption by

deterring children and adolescents from taking up smoking, by

reducing the overall consumption of cigarettes by an estimated

26,000,000 cigarette packs in the first year, by reducing the

prevalence of adult smoking by an estimated five percent (5%), by

preventing an estimated 28,000 kids today from becoming adult

smokers, and by reducing health-related disparities among income

groups over time. For the reasons stated and in furtherance of the

stated purpose of this act, there shall be assessed by the Oklahoma

Tax Commission a smoking cessation fee on cigarettes, to be remitted

by every wholesaler, as provided in subsection B of this section.

B. The fee provided in this subsection shall be One Dollar and

fifty cents ($1.50) per twenty (20) cigarette package, and a

proportionate rate on fractions thereof.

C. Beginning on the effective date of this act, and all

subsequent years, the smoking cessation fee provided by this section

shall be apportioned by the Oklahoma Tax Commission and transmitted

to the State Treasurer, who shall deposit the same in the State

Treasury to the credit of the following funds in the following

percentages:

a. One Million Dollars ($1,000,000.00) to the ABLE

Commission Revolving Fund created in Section 567 of

Title 37 of the Oklahoma Statutes for the purpose of

enhanced enforcement of the provisions of Section

600.13 of Title 37 of the Oklahoma Statutes, and

b. all amounts in excess of One Million Dollars

($1,000,000.00) to the credit of the Health Care

Enhancement Fund created in Section 8 of this act.

D. For purposes of this section "cigarette" and "wholesaler"

shall have the same meaning as in Section 301 of Title 68 of the

Oklahoma Statutes.

E. The Oklahoma Tax Commission shall promulgate rules as needed

to implement the provisions of this section.
Okla. Stat. tit. 63, § 63-1-738.8 — OK Code / Title 63 / Section 63-1-738.8
Review of materials, notice in cases of twenty-plus
Status: in_force

weeks' gestation - Certification, furnishing of information.

A. Except in the case of a medical emergency, at least seventy-

two (72) hours prior to an abortion being performed on an unborn

child whose probable gestational age is twenty (20) weeks or more,

the physician performing the abortion or the agent of the physician

shall inform the pregnant female, by telephone or in person, of the

right to review the printed materials described in Section 1-738.10

Oklahoma Statutes - Title 63. Public Health and Safety Page 336

of this title, that these materials are available on a state-

sponsored website, and the web address of that website. The

physician or the agent of the physician shall orally inform the

female that the materials have been provided by the State of

Oklahoma and that the materials contain information on pain and the

unborn child. If the female chooses to view the materials other

than on the website, the materials shall either be given to the

female at least seventy-two (72) hours before the abortion, or

received by the female at least seventy-two (72) hours before the

abortion by certified mail, restricted delivery to the addressee.

The information required by this subsection may be provided by a

tape recording if provision is made to record or otherwise register

specifically whether the female does or does not choose to receive

the printed materials given or mailed.

B. The female shall certify in writing, prior to the abortion,

that the information described in subsection A of this section has

been furnished to the female and that the female has been informed

of the opportunity to review the printed materials described in

Section 1-738.10 of this title. Prior to the performance of the

abortion, the physician who is to perform the abortion or the agent

of the physician shall obtain a copy of the written certification

and retain the copy on file with the medical record of the female

for at least three (3) years following the date of receipt.
Okla. Stat. tit. 63, § 63-1-315.1 — OK Code / Title 63 / Section 63-1-315.1
Verified petition to obtain judicial record of death for a person who died 25 years ago
Status: in_force

A. The State Department of Health shall provide for the issuance of an heirloom birth certificate.

The Department shall design the form of the heirloom birth certificate with the advice and

assistance of the Oklahoma Arts Council and may promote and sell copies of the certificate. Anfor a person who died 25 years ago or longer.

A. If a death certificate is required to settle a property or

financial interest for a person who has allegedly died in this state

twenty-five (25) years ago or longer, and the following

determinations have been made:

1. The State Department of Health has confirmed that a death

certificate is not on file with the Department;

2. The Department has determined the requirements of Section 1-

317 of this title requiring a death certificate to be filed cannot

be met; and

3. The Department has determined the requirements of Section 1-

314 of this title for the filing of a delayed death certificate

cannot be met; then a verified petition may be filed with the

district court of the county where the death allegedly occurred for

an order establishing a judicial record of death.

B. The verified petition shall contain the following:

1. The full legal name of the person who is allegedly deceased;

2. The date and place of birth of the decedent;

3. The age of the decedent;

Oklahoma Statutes - Title 63. Public Health and Safety Page 183

4. The date and place of the death of the decedent;

5. The property or financial interest to be resolved;

6. The determinations of the Department as required in

paragraphs 2 and 3 of subsection A of this section; and

7. Other facts deemed pertinent, which include, but are not

limited to, the parents or spouse of the decedent.

C. Upon the filing of the verified petition, the office of the

court clerk for the county where the petition is filed shall give

the petition a number in the probate files of the county. Notice of

the verified petition shall be made upon the State Department of

Health and published once in a newspaper of general circulation in

the county where the petition is filed.

D. Based on the verified petition, all the evidence the

applicant has in his or her possession such as personal testimony,

affidavits or records and determinations of the Department as

required in paragraphs 2 and 3 of subsection A of this section, the

court may enter an order:

1. Establishing the full legal name of the individual who is

deceased;

2. The date and place of the birth of the decedent;

3. The age of the decedent;

4. The date and place where the death occurred;

5. The property or financial interest that is resolved; and

6. Other facts deemed pertinent by the court and as set forth

in the verified petition.

Said order shall be final and conclusive of all the facts

therein adjudged.

E. A certified copy of the order shall be filed with the State

Department of Health, and a certified copy thereof shall be issued

by the State Department of Health in the same manner as certificates

of death.

F. Issuance of a certified copy of the order filed with the

State Department of Health pursuant to this section shall satisfy

any and all requirements set forth in any statute requiring a death

certificate or order of any court requiring the issuance of a death

certificate.
Okla. Stat. tit. 63, § 63-4210.3 — OK Code / Title 63 / Section 63-4210.3
Transporting weapon in or discharging weapon from
Status: in_force

vessel - Exceptions - Penalties.

It shall be unlawful to discharge a firearm from a vessel,

except for the purposes of self-defense, hunting animals or fowl,

and in compliance with existing state and federal laws. Anyone

violating the provisions of this section, upon conviction, shall be

guilty of a misdemeanor and shall be punished by a fine of not more

than One Hundred Dollars ($100.00), or by imprisonment in the county

jail for not more than three (3) months, or by both such fine and

imprisonment.
Okla. Stat. tit. 63, § 63-2-308 — OK Code / Title 63 / Section 63-2-308
Order forms
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 944

Controlled dangerous substances in Schedules I and II shall be

distributed only by a registrant to another registrant pursuant to

an order form obtained from the United States Drug Enforcement

Administration. Compliance with the provisions of the Federal

Controlled Substances Act respecting order forms shall be deemed

compliance with this section. This section shall not apply to

dispensing as defined by this act, nor to distribution otherwise

authorized by this act.
Okla. Stat. tit. 63, § 63-1-2406 — OK Code / Title 63 / Section 63-1-2406
Renumbered as § 2-10-1106 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-3101.4 — OK Code / Title 63 / Section 63-3101.4
Advance directive - Execution - Specific
Status: in_force

nutrition/hydration provision - Form - Inclusion in declarant's

medical records - Authority of proxy - Designation based on

religious beliefs or tenets.

A. An individual of sound mind and eighteen (18) years of age

or older may execute at any time an advance directive for health

care governing the provision, withholding, or withdrawal of life-

sustaining treatment. The advance directive shall be signed by the

declarant and witnessed by two individuals who are eighteen (18)

years of age or older who are not legatees, devisees, or heirs at

law.

B. An advance directive that is not in the form set forth in

subsection C of this section and that is executed in Oklahoma shall

not be deemed to authorize the withholding or withdrawal of

artificially administered nutrition and/or hydration unless it

Oklahoma Statutes - Title 63. Public Health and Safety Page 1461

specifically authorizes the withholding or withdrawal of

artificially administered nutrition and/or hydration in the

declarant’s own words or by a separate section, separate paragraph,

or other separate subdivision that deals only with nutrition and/or

hydration and which section, paragraph, or other subdivision is

separately initialed, separately signed, or otherwise separately

marked by the declarant.

C. An advance directive may be in substantially the following

form:

Advance Directive for Health Care

If I am incapable of making an informed decision regarding my health

care, I direct my health care providers to follow my instructions

below.

I. Living Will

If my attending physician and another physician determine

that I am no longer able to make decisions regarding my

medical treatment, I direct my attending physician and

other health care providers, pursuant to the Oklahoma

Advance Directive Act, to follow my instructions as set

forth below:

(1) If I have a terminal condition, that is, an incurable

and irreversible condition that even with the

administration of life-sustaining treatment will, in

the opinion of the attending physician and another

physician, result in death within six (6) months:

____ I direct that my life not be extended by

life-sustaining treatment, except that if I

am unable to take food and water by mouth, I

wish to receive artificially administered

nutrition and hydration.

Initial only ____ I direct that my life not be extended by

one option life-sustaining treatment, including

artificially administered nutrition and

hydration.

____ I direct that I be given life-sustaining

treatment and, if I am unable to take food

and water by mouth, I wish to receive

artificially administered nutrition and

hydration.

_____ See my more specific instructions in paragraph (4) below.

(Initial if applicable)

(2) If I am persistently unconscious, that is, I have

an irreversible condition, as determined by the

attending physician and another physician, in

which thought and awareness of self and

environment are absent:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1462

_____ I direct that my life not be extended by

life-sustaining treatment, except that if I

am unable to take food and water by mouth, I

wish to receive artificially administered

nutrition and hydration.

Initial only _____ I direct that my life not be extended by

one option life-sustaining treatment, including

artificially administered nutrition and

hydration.

_____ I direct that I be given life-sustaining

treatment and, if I am unable to take food

and water by mouth, I wish to receive

artificially administered nutrition and

hydration.

_____ See my more specific instructions in paragraph (4) below.

(Initial if applicable)in declarant's medical records - Authority of proxy - Designation based on religious beliefs orlife not be extended by

one option life-sustaining treatment, including

artificially administered nutrition and

hydration.

_____ I direct that I be given life-sustaining

treatment and, if I am unable to take food

and water by mouth, I wish to receive

artificially administered nutrition and

hydration.

_____ See my more specific instructions in paragraph (4) below.

(Initial if applicable)

(3) If I have an end-stage condition, that is, a

condition caused by injury, disease, or illness,

which results in severe and permanent deterioration

indicated by incompetency and complete physical

dependency for which treatment of the irreversible

condition would be medically ineffective:

_____ I direct that my life not be extended by

life-sustaining treatment, except that if

I am unable to take food and water by mouth,

I wish to receive artificially administered

nutrition and hydration.

Initial only _____ I direct that my life not be extended by

one option life-sustaining treatment, including

artificially administered nutrition and

hydration.

_____ I direct that I be given life-sustaining

treatment and, if I am unable to take food

Oklahoma Statutes - Title 63. Public Health and Safety Page 1463

and water by mouth, I wish to receive

artificially administered nutrition and

hydration.

_____ See my more specific instructions in paragraph (4) below.

(Initial if applicable)

(4) OTHER. Here you may:

(a) describe other conditions in which you would

want life-sustaining treatment or

artificially administered nutrition and

hydration provided, withheld, or withdrawn,

(b) give more specific instructions about your

wishes concerning life-sustaining treatment

or artificially administered nutrition and

hydration if you have a terminal condition,

are persistently unconscious, or have an

end-stage condition, or

(c) do both of these:

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

_________________________________________________

_______

Initial

II. My Appointment of My Health Care Proxy

If my attending physician and another physician determine that I am

no longer able to make decisions regarding my medical treatment, I

direct my attending physician and other health care providers

pursuant to the Oklahoma Advance Directive Act to follow the

instructions of _______________, whom I appoint as my health care

proxy. If my health care proxy is unable or unwilling to serve, I

appoint ______________ as my alternate health care proxy with the

same authority. My health care proxy is authorized to make whatever

medical treatment decisions I could make if I were able, except that

decisions regarding life-sustaining treatment and artificially

administered nutrition and hydration can be made by my health care

proxy or alternate health care proxy only as I have indicated in the

foregoing sections.

If I fail to designate a health care proxy in this section, I am

deliberately declining to designate a health care proxy.

III. Anatomical Gifts

Pursuant to the provisions of the Uniform Anatomical Gift Act, I

direct that at the time of my death my entire body or designated

body organs or body parts be donated for purposes of:

(Initial all that apply)

_____ transplantation

Oklahoma Statutes - Title 63. Public Health and Safety Page 1464

_____ therapy

_____ advancement of medical science, research, or education

_____ advancement of dental science, research, or education

Death means either irreversible cessation of circulatory and

respiratory functions or irreversible cessation of all functions of

the entire brain, including the brain stem. If I initial the “yes”

line below, I specifically donate:

_____ My entire body

or

_____ The following body organs or parts:

_____ lungs _____ liver

_____ pancreas _____ heart

_____ kidneys _____ brain

_____ skin _____ bones/marrow

_____ blood/fluids _____ tissue

_____ arteries _____ eyes/cornea/lens

IV. General Provisions

a. I understand that I must be eighteen (18) years of age

or older to execute this form.

b. I understand that my witnesses must be eighteen (18)

years of age or older and shall not be related to me

and shall not inherit from me.

c. I understand that if I have been diagnosed as pregnant

and that diagnosis is known to my attending physician,

I will be provided with life-sustaining treatment and

artificially administered hydration and nutrition

unless I have, in my own words, specifically

authorized that during a course of pregnancy, life-

sustaining treatment and/or artificially administered

hydration and/or nutrition shall be withheld or

withdrawn.

d. In the absence of my ability to give directions

regarding the use of life-sustaining procedures, it is

my intention that this advance directive shall be

honored by my family and physicians as the final

expression of my legal right to choose or refuse

medical or surgical treatment including, but not

limited to, the administration of life-sustaining

procedures, and I accept the consequences of such

choice or refusal.

e. This advance directive shall be in effect until it is

revoked.

f. I understand that I may revoke this advance directive

at any time.

g. I understand and agree that if I have any prior

directives, and if I sign this advance directive, my

prior directives are revoked.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1465

h. I understand the full importance of this advance

directive and I am emotionally and mentally competent

to make this advance directive.

i. I understand that my physician(s) shall make all

decisions based upon his or her best judgment applying

with ordinary care and diligence the knowledge and

skill that is possessed and used by members of the

physician’s profession in good standing engaged in the

same field of practice at that time, measured by

national standards.

Signed this _____ day of __________, 20 __.

___________________________________

(Signature)

___________________________________

City of

___________________________________

County, Oklahoma

___________________________________

Date of birth

_______________________________________

(Optional for identification purposes)

This advance directive was signed in my presence.

___________________________________

Witness

___________________________, Oklahoma

Residence

___________________________________

Witness

___________________________, Oklahoma

Residence

D. A physician or other health care provider who is furnished

the original or a photocopy of the advance directive shall make it a

part of the declarant's medical record and, if unwilling to comply

with the advance directive, promptly so advise the declarant.

E. In the case of a qualified patient, the patient's health

care proxy, in consultation with the attending physician, shall have

the authority to make treatment decisions for the patient including

the provision, withholding, or withdrawal of life-sustaining

procedures if so indicated in the patient's advance directive.

F. A person executing an advance directive appointing a health

care proxy who may not have an attending physician for reasons based

on established religious beliefs or tenets may designate an

individual other than the designated health care proxy, in lieu of

an attending physician and other physician, to determine the lack of

decisional capacity of the person. Such designation shall be

specified and included as part of the advance directive executed

pursuant to the provisions of this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1466
Okla. Stat. tit. 63, § 63-3250.2 — OK Code / Title 63 / Section 63-3250.2
Definitions
Status: in_force

As used in the Oklahoma Community Hospitals Public Trust

Authorities Act:

1. “Community hospital public trust authority” or “public

trust” means a community hospital public trust authority

establishing a hospital district pursuant to the provisions of the

Oklahoma Community Hospitals Public Trust Authorities Act;

2. “Hospital” means a hospital as such term is defined by

Section 1-701 of Title 63 of the Oklahoma Statutes and facilities

within the definition of Section 2657 of Title 63 of the Oklahoma

Statutes;

3. “Hospital district” means a designated geographical area

established by a community hospital public trust authority; and

4. “Medically indigent person” means a person requiring

medically necessary hospital or other health care services for the

person or the dependents of the person, who has insufficient or no

public or private third-party coverage, and whose personal resources

Oklahoma Statutes - Title 63. Public Health and Safety Page 1569

are insufficient to provide for hospital or other health care

services.
Okla. Stat. tit. 63, § 63-1-757.1 — OK Code / Title 63 / Section 63-1-757.1
Short title - Oklahoma Abortion-Inducing Drug
Status: in_force

Certification Program Act.

Sections 1 through 16 of this act shall be known and may be

cited as the "Oklahoma Abortion-Inducing Drug Certification Program

Act".
Okla. Stat. tit. 63, § 63-5007 — OK Code / Title 63 / Section 63-5007
Oklahoma Health Care Authority Board
Status: in_force

A. There is hereby created the Oklahoma Health Care Authority

Board which shall consist of the following nine (9) members:

1. Five members appointed by the Governor;

2. Two members appointed by the Speaker of the House of

Representatives; and

3. Two members appointed by the President Pro Tempore of the

Senate.

B. Each member shall serve at the pleasure of his or her

appointing authority and may be removed or replaced without cause.

Any member of the Board shall be prohibited from voting on any issue

in which the member has a direct financial interest. The

Administrator of the Oklahoma Health Care Authority shall be an ex

officio member of the Board, but shall be entitled to vote only in

case of a tie vote.

C. The Board shall have the power and duty to:

1. Establish the policies of the Oklahoma Health Care

Authority;

2. Adopt and promulgate rules as necessary and appropriate to

carry out the duties and responsibilities of the Authority. The

Board shall be the rulemaking body for the Authority; and

3. Adopt, publish and submit by January 1 of each year to the

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

of the House of Representatives appropriate administrative policies

and the business plan for that year. All actions governed by the

administrative policies and annual business plan shall be examined

annually in an independent audit.

D. A majority of the members of the Board shall constitute a

quorum for the transaction of business and for taking any official

action. Official action of the Board must have a favorable vote by

a majority of the members present.

E. Members appointed pursuant to subsection A of this section

shall serve without compensation but shall be reimbursed for

expenses incurred in the performance of their duties in accordance

with the State Travel Reimbursement Act.

F. The Board and the Authority shall act in accordance with the

provisions of the Oklahoma Open Meeting Act, the Oklahoma Open

Records Act and the Administrative Procedures Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1710
Okla. Stat. tit. 63, § 63-1-1960 — OK Code / Title 63 / Section 63-1-1960
Short title
Status: in_force

This act shall be known and may be cited as the "Home Care Act".
Okla. Stat. tit. 63, § 63-4209.5 — OK Code / Title 63 / Section 63-4209.5
Injuring, tampering with or damaging vessel or motor or accessories, appurtenances or
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 56accessories, appurtenances or attachments thereto - Climbing into or

upon vessel with intent to commit crime.

A. A person who, with intent and without right to do so,

injures or tampers with any vessel or motor or in any other manner

damages any part or portion of said vessel or motor or any

accessories, appurtenance or attachments thereto, upon conviction,

shall be guilty of a misdemeanor.

B. A person who, without right to do so and with intent to

commit a crime, climbs into or upon a vessel whether it is in motion

or at rest, attempts to manipulate any of the levers, starting

mechanism or other mechanism or device of a vessel while the same is

at rest and unattended, or sets in motion any vessel while the same

is at rest and unattended, upon conviction, shall be guilty of a

misdemeanor.
Okla. Stat. tit. 63, § 63-3291 — OK Code / Title 63 / Section 63-3291
Submission of certain agreements to Contingency Review
Status: in_force

Board - Declaratory judgment of validity by Supreme Court of

Oklahoma.

A. Contingent upon the creation of the Oklahoma State

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

Trust, prior to acceptance, shall submit to the Contingency Review

Board for review the proposed agreement regarding the lease and

operations of any hospital or hospitals owned by the Oklahoma State

University Medical Authority to any entity authorized to transact

business in the state and an independent statement as to the

fairness of said proposed agreement for the State of Oklahoma. The

Contingency Review Board shall upon receipt of the proposed

agreement meet within fifteen (15) business days to review the

proposed agreement; and unless the Contingency Review Board

disapproves the proposed agreement, the agreement may be executed

but no lease of the hospital or hospitals shall become effective

until after Supreme Court approval pursuant to subsection B of this

section.

B. 1. If a proposed agreement is not disapproved by the

Contingency Review Board pursuant to subsection A of this section,

the Oklahoma State University Medical Authority and Oklahoma State

University Medical Trust, within thirty (30) calendar days after the

time for Contingency Review Board action has expired, may file a

petition with the Supreme Court of Oklahoma for a declaratory

judgment determining the validity of the proposed agreement. The

review of the Court shall be based upon the exercise of any of the

powers, rights, privileges, and functions conferred upon the

authority or the Oklahoma State University Medical Trust, as

applicable, under the Oklahoma State University Medical Authority

Act and Oklahoma laws. Exclusive original jurisdiction is conferred

upon the Supreme Court to hear and determine such petitions. The

Supreme Court shall give such petitions precedence over other

business of the Court except habeas corpus proceedings.

2. Notice of the hearing of such a petition shall be given by a

notice published in a newspaper of general circulation in this state

that on a day specified the Supreme Court will hear the petition to

approve the proposed agreement and enter a declaratory judgment.

The notice shall be published one time not less than ten (10) days

prior the date specified for the hearing. The notice shall inform

property owners, taxpayers, citizens and all persons having or

claiming any right, title, or interest in the proposed agreement or

properties or funds to be affected by the implementation of the

proposed agreement, or affected in any way thereby, that they may

file protests against the approval of the proposed agreement, and be

present at the hearing to contest the legality of the proposed

agreement. The hearing may be adjourned from time to time at the

discretion of the Court.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1595

3. If the Court is satisfied that the proposed agreement is in

accordance with the Oklahoma State University Medical Authority Act

and Oklahoma laws, the Court shall enter a declaratory judgment

approving and declaring the proposed agreement to be valid and

conclusive as to the Authority, the Trust, and all other parties to

the proposed agreement; and, upon petition of the Authority, shall

issue an order permanently enjoining all persons described in the

notice required by this subsection from thereafter instituting any

action or proceeding contesting the validity of the proposed

agreement. A declaratory judgment rendered pursuant to this

subsection shall have force and effect of a final judgment or decree

and shall be incontestable in any court in this state.

4. As used in the Oklahoma State University Medical Authority

Act, "proposed agreement" means one or more contracts regarding the

lease and operations of any hospital or hospitals owned by the

Oklahoma State University Medical Authority and all other agreements

contemplated by or referred to in the contract regarding such lease

and operations.
Okla. Stat. tit. 63, § 63-1-756.12 — OK Code / Title 63 / Section 63-1-756.12
Construction and application of act
Status: in_force

A. Nothing in this act shall be construed as creating or

recognizing a right to abortion.

B. It is not the intention of this act to make lawful an

abortion that is otherwise unlawful.

C. Nothing in this act repeals, replaces or otherwise

invalidates existing federal or state laws, regulations or policies.
Okla. Stat. tit. 63, § 63-1-737.5 — OK Code / Title 63 / Section 63-1-737.5
Failure to post signage in abortion facilities – Fine
Status: in_force

– Cause of action.

A. Any private office, freestanding outpatient clinic or other

facility or clinic that fails to post a required sign in knowing,

reckless, or negligent violation of this act shall be assessed an

administrative fine of Ten Thousand Dollars ($10,000.00). Each day

on which an abortion, other than an abortion necessary to prevent

the death of the pregnant female, is performed, induced, prescribed

for, or where the means for an abortion are provided in a private

office, freestanding outpatient clinic or other facility or clinic

in which the required sign is not posted during any portion of

business hours when patients or prospective patients are present is

a separate violation.

B. An action may be brought by or on behalf of an individual

injured by the failure to post the required sign. A plaintiff in an

action under this subsection may recover damages for emotional

distress and any other damages allowed by law.

C. The sanctions and actions provided in this section shall not

displace any sanction applicable under other law.
Okla. Stat. tit. 63, § 63-2902 — OK Code / Title 63 / Section 63-2902
Disbursement and implementation of Fund - Publicizing
Status: in_force

program - Eligibility standards - Priority of applications -

Issuance of grants - Form of applications - Contractors;

eligibility, payments, monitoring and audit of financial and

operating records.

A. The Oklahoma Department of Commerce shall be responsible for

the disbursement and implementation of the Energy Conservation

Assistance Fund.

B. The Department shall involve senior citizen groups, social

service agencies and other civic groups in publicizing such program.

C. The Department of Human Services, in cooperation with the

Oklahoma Department of Commerce, shall determine eligibility

requirements necessary to qualify a homeowner to obtain such grants.

Upon meeting any such eligibility standards, the Department of Human

Services shall certify to the Oklahoma Department of Commerce that

such homeowner is qualified to receive such grant upon notification

of such certification. The Oklahoma Department of Commerce shall

distribute the grant funds. Priorities shall be established for

applications according to those indicating the greatest need. Low-

income elderly and handicapped applicants shall be given first

priority.

D. In order to qualify for grant assistance, the property shall

meet all of the following requirements:

1. The property shall be the homestead of the applicant; and

2. The property for which the grant is issued shall not be

income-producing or used in any method other than as the principal

residence of the applicant.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1449

E. Grants may be issued to finance the following types of

weatherization:

1. Structural repairs necessary to improve efficient heating

and cooling of the residence;

2. Insulation for attics, walls and water heaters;

3. Replacement of broken glass, inefficient doors and door

thresholds;

4. Storm windows;

5. Caulking and weather stripping; and

6. Other appropriate energy conservation measures as determined

by the Oklahoma Department of Commerce.

No grants shall be made through this program unless an energy

audit has been performed on the applicant's principal residence.

No grant shall exceed Three Thousand Dollars ($3,000.00). No

grant shall be awarded to any applicant with an annual income in

excess of the amount specified in this subsection.

Income eligibility shall be determined based on one hundred

twenty-five percent (125%) of the poverty guidelines issued by the

United States Office of Management and Budget.

F. The application for the grant shall be in such form as

determined by the Oklahoma Department of Commerce. No grant shall

be issued to any person until such person has been certified as

eligible by the Department of Human Services. The applicant shall

be provided with copies of all documents related to the issuance of

the grant. The applicant shall provide documents, as required,

concerning the status of property and household income.

G. 1. The Oklahoma Department of Commerce contractors shall be

nonprofit community action agencies or other nonprofit entities

experienced with weatherization programs. The Oklahoma Department

of Commerce shall monitor contractors for compliance with all

Department policies, guidelines and regulations.

2. Contractors shall be responsible for completion and

inspection of all work undertaken. No payment shall be made to any

contractor until after the required documentation is submitted and

approved by the Oklahoma Department of Commerce. Payments to

contractors shall be made for services rendered and shall be based

on the costs previously agreed to in writing.

H. The Oklahoma Department of Commerce shall actively monitor

and audit the financial and operating records of the contractors

involved with the Energy Conservation Assistance Fund to assure

appropriate compliance with established regulations, guidelines and

standards. The Oklahoma Department of Commerce shall also monitorPriority of applications - Issuance of grants - Form of applications - Contractors; eligibility,ered and shall be based

on the costs previously agreed to in writing.

H. The Oklahoma Department of Commerce shall actively monitor

and audit the financial and operating records of the contractors

involved with the Energy Conservation Assistance Fund to assure

appropriate compliance with established regulations, guidelines and

standards. The Oklahoma Department of Commerce shall also monitor

contractors to ensure use of proper materials and workmanship.
Okla. Stat. tit. 63, § 63-1-1708.1A — OK Code / Title 63 / Section 63-1-1708.1A
Short title
Status: in_force

Sections 1-1708.1A through 1-1708.1G of this title and Sections

22, 23 and 24 of this act shall be known and may be cited as the

“Affordable Access to Health Care Act”.
Okla. Stat. tit. 63, § 63-2-303 — OK Code / Title 63 / Section 63-2-303
Registration
Status: in_force

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

Dangerous Drugs Control shall register an applicant to own a medical

facility as described in subsection C of Section 2-302 of this

title, or to manufacture, distribute, dispense, prescribe,

administer or use for scientific purposes controlled dangerous

substances included in Schedules I through V of Section 2-101 et

seq. of this title unless the Director determines that the issuance

of such registration is inconsistent with the public interest. In

determining the public interest, the following factors shall be

considered:

Oklahoma Statutes - Title 63. Public Health and Safety Page 937

1. Maintenance of effective controls against diversion of

particular controlled dangerous substances and any Schedule I or II

substance compounded therefrom into other than legitimate medical,

scientific or industrial channels including examination of the

fitness of his or her employees or agents to handle dangerous

substances;

2. Compliance with applicable state and local law;

3. Has been found guilty of, entered a plea of guilty or nolo

contendere to a charge under the Uniform Controlled Dangerous

Substances Act or any other state or federal law relating to any

substance defined herein as a controlled dangerous substance or any

felony under the laws of any state or the United States;

4. Furnishing by the applicant false or fraudulent material

information in any application filed under Section 2-101 et seq. of

this title;

5. Past experience in the manufacture, distribution,

dispensing, prescribing, administering or use for scientific

purposes of controlled dangerous substances, and the existence in

the establishment of effective controls against diversion;

6. Denial, suspension or revocation of the applicant’s federal

registration to manufacture, distribute or dispense controlled

dangerous substances as authorized by federal law; and

7. Such other factors as may be relevant to and consistent with

the public health and safety.

Nothing herein shall be deemed to require individual licensed

pharmacists to register under the provisions of the Uniform

Controlled Dangerous Substances Act.

B. Registration granted under subsection A of this section

shall not entitle a registrant to manufacture, distribute, dispense,

prescribe, administer or use for scientific purposes controlled

dangerous substances in Schedule I or II other than those specified

in the registration.

C. Practitioners shall be registered to dispense, prescribe,

administer or use for scientific purposes substances in Schedules II

through V if they are authorized to carry on their respective

activities under the laws of this state. A registration application

by a practitioner who wishes to conduct research with Schedule I

substances shall be accompanied by evidence of the applicant’s

federal registration to conduct such activity and shall be referred

to the Medical Research Commission for advice. The Medical Research

Commission shall promptly advise the Director concerning the

qualifications of each practitioner requesting such registration.

Registration for the purpose of bona fide research or of use for

scientific purposes with Schedule I substances by a practitioner

deemed qualified by the Medical Research Commission may be denied

only on a ground specified in subsection A of Section 2-304 of this

title or if there are reasonable grounds to believe that the

Oklahoma Statutes - Title 63. Public Health and Safety Page 938

applicant will abuse or unlawfully transfer such substances or fail

to safeguard adequately such applicant’s supply of such substances

against diversion from legitimate medical or scientific use.

D. Fees for registration under this section shall be as

follows:

Practitioners and mid-level

practitioners $140.00 per year

of registration

Home Care Agencies, Hospices &

Home Care Services $140.00 annually

Medical Facility Owners $300.00 annually

Distributors $300.00 annually

Manufacturers $2,500.00 annually

Manufacturer, Wholesaler, or

Distributor of drug products

containing pseudoephedrine

or phenylpropanolamine $300.00 annually

E. Compliance by manufacturers and distributors with the

provisions of the federal Controlled Substances Act, 21 U.S.C.,

Section 801 et seq., respecting registration, excluding fees, shall

be deemed sufficient to qualify for registration under Section 2-101

et seq. of this title.

F. Applications for renewal of registration shall open on the

first day of July annually. Applications for renewal shall be

considered timely if submitted by the first day of September

annually. Registrations not renewed by the final day of any

calendar year in which the registration was issued shall be

ineligible for renewal and shall require a new registration upon

return to the Bureau. With notice provided prior to expiration, the

Director may waive the requirement of a new registration pursuant to

promulgated rules. New applications with substantive changes to the

original registration shall not be considered a transfer of any

activity of a continuing nature.
Okla. Stat. tit. 63, § 63-1-757.7 — OK Code / Title 63 / Section 63-1-757.7
Certification system for physicians
Status: in_force

The State Board of Medical Licensure and Supervision and the

State Board of Osteopathic Examiners shall adopt a certification

system for any physician intending to provide abortion-inducing

drugs to patients in the state. Individuals or physicians providing

abortion-inducing drugs in other states are not automatically

certified in this state, and shall be fully certified under this law

prior to providing any abortion-inducing drugs to any pregnant women

in this state. To be eligible to be certified under this section

physicians shall:

1. Be fully licensed by and in good standing with either the

State Board of Medical Licensure and Supervision or the State Board

of Osteopathic Examiners to practice medicine in the state;

2. Examine any patient in person prior to providing abortion-

inducing drugs;

3. Sign an annual "Dispensing Agreement Form", to be developed

and provided by the physician's state licensing board, before

providing abortion-inducing drugs;

4. Inform the patient of gestational age-specific risks of

using abortion-inducing drugs;

5. Assess for signs of domestic abuse, reproductive control,

human trafficking and other signals of coerced abortion, per current

state guidelines;

6. Adequately inform the patient of gestational age-specific

age risks of using abortion-inducing drugs;

7. Inform the patient that she may see the remains of her

unborn child in the process of completing the abortion;

Oklahoma Statutes - Title 63. Public Health and Safety Page 458

8. Inform the patient that studies show that babies born

following the abortion reversal process have a rate of birth defects

no higher than the general population;

9. Inform the patient that studies show that following this

reversal process or otherwise treating a woman with progesterone

during pregnancy does not lead to increased mortality rates;

10. Refrain from knowingly supplying abortion-inducing drugs to

patients who present with any of the following:

a. absence of a pregnancy,

b. being post-seventy days gestation or post-ten weeks of

pregnancy, and

c. having risk factors associated with abortion-inducing

drugs including, but not limited to:

(1) ectopic pregnancies,

(2) problems with the adrenal glands near the

kidneys,

(3) being treated with long-term corticosteroid

therapy,

(4) allergic reactions to abortion-inducing drugs,

mifepristone, misoprostol or similar drugs,

(5) bleeding problems or is taking anticoagulant drug

products,

(6) has inherited porphyria,

(7) has an intrauterine device in place, or

(8) being Rh Negative, requiring administration of

Rhogam before providing abortion-inducing drugs;

11. Provide or refer for emergency surgical intervention in

cases of incomplete abortion, severe bleeding or other medical

complications, through maintaining hospital admitting privileges or

entering into a written agreement with an associated physician as

specified in Section 8 of this act;

12. Assure patient access to medical facilities equipped to

provide blood transfusions and resuscitation or other necessary

treatments, if necessary;

13. Sign, and ensure that the patient signs, all legally

required informed consent material, providing patient with a copy

showing both signatures, and placing the original in the patient's

medical record;

14. Record the serial number from each package of each

abortion-inducing drug given to the patient in her medical record;

15. Submit a written protocol of how efforts will be made to

schedule with the patient the medically indicated follow-up

appointment within fourteen (14) days to assure a completed

abortion;

16. Report to the State Board of Pharmacy, the physician's

state licensing board and the Food and Drug Administration, any

Oklahoma Statutes - Title 63. Public Health and Safety Page 459

death associated with abortion-inducing drugs with the following

guidelines:

a. the patient shall be noted by a non-identifiable

reference and the serial number from each package of

abortion-inducing drug given, whether or not

considered drug-related,

b. this shall be done as soon as possible but no later

than fifteen (15) calendar days from the initial

receipt of the information by the physician, and

c. this requirement does not affect the physician's other

reporting and follow-up requirements under the

Oklahoma Abortion-Inducing Drug Certification Program

or any additional requirements by another department

that oversees the abortion industry in this state;

17. Submit a written protocol of how complications will be

handled by the certified physician and submit a copy of a signed

contract with an associated physician credentialed to handle certain

complications as outlined in Section 8 of this act;

18. Abide by all applicable state and federal laws regarding

medical records retention, confidentiality and privacy; and

19. Agree to follow and document compliance with all other

legally required conditions for performing abortion in the state

where the patient presents for her appointment including, but not

limited to, waiting periods, informed consent requirements,

statistical reporting, parental consent or notification and required

inspections.
Okla. Stat. tit. 63, § 63-1-2511 — OK Code / Title 63 / Section 63-1-2511
Commissioner - Powers and duties relating to Oklahoma
Status: in_force

Emergency Medical Services Improvement Program.

The State Commissioner of Health shall have the following powers

and duties with regard to an Oklahoma Emergency Medical Services

Improvement Program:

1. Administer and coordinate all federal and state programs,

not specifically assigned by state law to other state agencies,

which include provisions of the Federal Emergency Medical Services

Systems Act and other federal laws and programs relating to the

development of emergency medical services in this state. The

administration and coordination of federal and state laws and

programs relating to the development, planning, prevention,

improvement and management of emergency medical services shall be

conducted by the Division of Emergency Medical Services, as

prescribed by Section 1-2510 of this title;

2. Assist private and public organizations, emergency medical

and health care providers, ambulance authorities, district boards

and other interested persons or groups in improving emergency

medical services at the local, municipal, district or state levels.

This assistance shall be through professional advice and technical

assistance;

3. Coordinate the efforts of local units of government to

establish service districts and set up boards of trustees or other

authorities to operate and finance emergency medical services in the

state as provided under Section 9C of Article X of the Oklahoma

Constitution or under Sections 1201 through 1221 of Title 19 of the

Oklahoma Statutes. The Commissioner shall evaluate all proposed

district areas and operational systems to determine the feasibility

of their economic and health services delivery;

4. Prepare, maintain and utilize a comprehensive plan and

program for emergency medical services development throughout the

state to be adopted 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, and

incorporated within the State Health Plan. The plan shall establish

goals, objectives and standards for a statewide integrated system

and a timetable for accomplishing and implementing different

elements of the system. The plan shall also include, but not be

limited to, all components of an emergency medical services system;

regional and statewide planning; the establishment of standards and

the appropriate criteria for the designation of facilities; data

collection and quality assurance; and funding;

5. Maintain a comprehensive registry of all ambulance services

operating within the state, to be published annually and maintain a

registry of critical care paramedics. All ambulance service

Oklahoma Statutes - Title 63. Public Health and Safety Page 835

providers shall register annually with the Commissioner on forms

supplied by the State Department of Health, containing such requests

for information as may be deemed necessary by the Commissioner;

6. Develop a standard report form which may be used by local,

regional and statewide emergency medical services and emergency

medical services systems to facilitate the collection of data

related to the provision of emergency medical and trauma care. The

Commissioner shall also develop a standardized emergency medical

services data set and an electronic submission standard. Each

ambulance service shall submit the information required in this

section at such intervals as may be prescribed by rules promulgated

by the State Board of Health;

7. Evaluate and certify all emergency medical services training

programs and emergency medical technician training courses and

operational services in accordance with specifications and

procedures approved by the Board. Nonaccredited paramedic training

programs shall begin their final paramedic training class by

December 31, 2012. Only paramedic training programs accredited or

receiving a Letter of Review (LOR) by CoAEMSP may enroll new

paramedic students after January 1, 2013;

8. Provide an emergency medical personnel and ambulance service

licensure program to include a requirement that ambulance services

licensed as specialty care ambulance providers shall be used solely

for interhospital transport of patients requiring specialized en

route medical monitoring and advanced life support which exceeds the

capabilities of the equipment and personnel provided by paramedic

life support;

9. Employ and prescribe the duties of employees as may be

necessary to administer the provisions of the Oklahoma Emergency

Response Systems Development Act;

10. Apply for and accept public and private gifts, grants,

donations and other forms of financial assistance designed for the

support of emergency medical services;

11. Develop a classification system for all hospitals that

treat emergency patients. The classification system shall:

a. identify stabilizing and definitive emergency services

provided by each hospital, and

b. require each hospital to notify the regional emergency

medical services system control when treatment

services are at maximum capacity and that emergency

patients should be diverted to another hospital; and

12. Develop and monitor a statewide emergency medical services

and trauma analysis system designed to:

a. identify emergency patients and severely injured

trauma patients treated in Oklahoma,

Oklahoma Statutes - Title 63. Public Health and Safety Page 836

b. identify the total amount of uncompensated emergency

care provided each fiscal year by each hospital and

ambulance service in Oklahoma, and

c. monitor emergency patient care provided by emergency

medical service and hospitals.
Okla. Stat. tit. 63, § 63-1-229.22 — OK Code / Title 63 / Section 63-1-229.22
Enforcement of Act by ABLE Commission
Status: in_force

A. The Alcoholic Beverage Laws Enforcement (ABLE) Commission is

authorized and empowered to enforce the provisions of Section 1-

229.11 et seq. of this title. The ABLE Commission shall enforce

those provisions in a manner that can reasonably be expected to

reduce the extent to which tobacco products, nicotine products or

vapor products are sold or distributed to persons under twenty-one

(21) years of age.

B. The ABLE Commission may consider mitigating or aggravating

circumstances involved with the violation of the Prevention of Youth

Access to Tobacco Act when assessing penalties.

C. Any conviction for a violation of a municipal ordinance

authorized by the Prevention of Youth Access to Tobacco Act and any

compliance checks by a municipal police officer or a county sheriff

pursuant to subsection E of this section shall be reported in

writing to the ABLE Commission within thirty (30) days of such

conviction or compliance check. Such reports shall be compiled in

the manner prescribed by the ABLE Commission.

D. For the purpose of determining second or subsequent

violations, both the offenses penalized by the ABLE Commission as

administrative fines and the offenses penalized by municipalities

and towns and reported to the ABLE Commission, shall be considered

together in such determination.

E. Persons under twenty-one (21) years of age may be enlisted

by the ABLE Commission, a municipality or town, or a county to

assist in compliance checks and enforcement; provided, such persons

may be used to test compliance only if written parental consent has

been provided and the testing is conducted under the direct

Oklahoma Statutes - Title 63. Public Health and Safety Page 141

supervision of the ABLE Commission or conducted by another law

enforcement agency if such agency has given written notice to the

ABLE Commission in the manner prescribed by the ABLE Commission.

Municipalities which have enacted municipal ordinances in accordance

with the Prevention of Youth Access to Tobacco Act may conduct,

pursuant to rules of the ABLE Commission, compliance checks without

prior notification to the ABLE Commission and shall be exempt from

the written notice requirement in this subsection. This subsection

shall not apply to the use of persons under twenty-one (21) years of

age to test compliance if the compliance test is being conducted by

or on behalf of a retailer of cigarettes, as defined in Section 301

of Title 68 of the Oklahoma Statutes, at any location the retailer

of cigarettes is authorized to sell cigarettes. Any other use of

persons under twenty-one (21) years of age to test compliance shall

be unlawful and punishable by the ABLE Commission by assessment of

an administrative fine of One Hundred Dollars ($100.00).

F. At the beginning of each month, the Oklahoma Tax Commission,

pursuant to Section 205 of Title 68 of the Oklahoma Statutes, shall

provide to the ABLE Commission and to each municipality which has

ordinances concerning the Prevention of Youth Access to Tobacco Act,

the location, name, and address of each licensee licensed to sell

tobacco products, nicotine products or vapor products at retail or

otherwise furnish tobacco products, nicotine products or vapor

products. Upon violation of an employee at a location, the ABLE

Commission shall notify the storeowner for that location of the

latest and all previous violations when one of their employees has

been determined to be in violation of the Prevention of Youth Access

to Tobacco Act by the ABLE Commission or convicted of a violation by

a municipality. If the ABLE Commission fails to notify the licensee

of a violation by an employee, that violation shall not apply

against the licensee for the purpose of determining a license

suspension pursuant to Section 1-229.13 of this title. For purposes

of this subsection, notification shall be deemed given if the ABLE

Commission mails, by mail with delivery confirmation, the

notification to the address which is on file with the Oklahoma Tax

Commission of the licensee or sales tax permit holder of the

location at which the violation occurred and the ABLE Commission

receives delivery confirmation from the U.S. Postal Service.

G. Upon request of a storeowner or a municipality which has

enacted ordinances in accordance with the Prevention of Youth Access

to Tobacco Act, the ABLE Commission is hereby authorized to provide

information on any Prevention of Youth Access to Tobacco Act offense

of any applicant for employment or employee of the storeowner.

H. The ABLE Commission shall prepare for submission annually to

the Secretary of the United States Department of Health and Human

Services the report required by Section 1926 of the federal Public

Health Service Act (42 U.S.C. 300-26), and otherwise shall be

Oklahoma Statutes - Title 63. Public Health and Safety Page 142

responsible for ensuring the state's compliance with that provision

of federal law and any implementing of regulations promulgated by

the United States Department of Health and Human Services.
Okla. Stat. tit. 63, § 63-1-552 — OK Code / Title 63 / Section 63-1-552
Investigations and other actions - Compilation and
Status: in_force

evaluation of information.

A. The State Department of Health shall make such

investigations concerning birth defects and cancer, the prevention

and treatment of said diseases or impairments and the mortality

resulting from them, and take such action to assist in reducing said

mortality as it deems necessary and appropriate.

B. The State Department of Health shall compile and evaluate

information received from the reports required pursuant to Sections

1 and 2 of this act and subsection A of this section in a report to

be distributed on or before January 1 of each year to the Governor,

the Speaker of the House of Representatives, the President Pro

Tempore of the Senate and to such other person as the Commissioner

deems advisable or necessary. Copies of such report shall also be

Oklahoma Statutes - Title 63. Public Health and Safety Page 248

made available to the federal government, and to members of the

public upon written request.
Okla. Stat. tit. 63, § 63-2-341 — OK Code / Title 63 / Section 63-2-341
Pharmacy electronic drug-tracking service
Status: in_force

A. Beginning January 1, 2013, any pharmacy that dispenses,

sells or distributes any compound mixture or preparation containing

any detectable quantity of base pseudoephedrine or ephedrine, its

salts or optical isomers, or salts of optical isomers shall maintain

an electronic record of the sale. The electronic record of the sale

shall include the following information:

1. Name and address of the purchaser;

Oklahoma Statutes - Title 63. Public Health and Safety Page 978

2. Date of birth of the purchaser;

3. Type of identification and number;

4. Date and time of the purchase;

5. Name and quantity of base pseudoephedrine or ephedrine

purchased in grams, but not the overall weight of the products; and

6. Name, initials and registration number of the licensed

pharmacist or registered pharmacy technician.

If the electronic tracking service is not able to record the

identification type and identification number of the purchaser, the

licensed pharmacist or a registered pharmacy technician shall write

the identification type and number on the order. The electronic

record shall also be maintained in a manner that allows for the

determination of the equivalent number of packages purchased and

total quantity of base ephedrine or pseudoephedrine purchased.

B. By January 1, 2013, each pharmacy in this state shall have

in place and operational all equipment necessary to access and use a

real-time electronic methamphetamine precursor tracking service

which is approved by the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control. The electronic methamphetamine precursor

tracking service shall be available free of charge to all law

enforcement agencies within the state for purposes of viewing and

searching the database. Pharmacies shall be permitted to access

only the information that is submitted by the pharmacy and such

access shall be available free of charge. The electronic

methamphetamine precursor tracking service shall be self-sustaining

and shall not require the use of any public funds in the form of

state or federal fees or taxes, to create, deploy, or operate. The

tracking service shall operate and communicate in real-time

throughout the state and across state lines with similar multistate

systems. The tracking service shall be capable of tracking all

required information and generating a stop-sale alert to notify a

pharmacy that an attempted purchase by a person of pseudoephedrine

or ephedrine exceeds the quantity limits set forth in Section 2-212

of Title 63 of the Oklahoma Statutes. The tracking service shall

have the capability of stopping an illegal purchase in real-time and

shall contain an override function that allows a pharmacy to

complete a sale in violation of this section if the circumstances

require that such sale be completed. The tracking service shall be

in real time and track all override sales made by the pharmacy. The

Bureau shall select a vendor that meets the requirements specified

in this section by no later than October 1, 2012.

C. Beginning January 1, 2013, before completing the sale of an

over-the-counter product containing pseudoephedrine or ephedrine, a

pharmacy shall electronically submit the required information to the

electronic methamphetamine precursor tracking service. The pharmacy

shall not complete the sale of the product if the electronic

Oklahoma Statutes - Title 63. Public Health and Safety Page 979

methamphetamine precursor tracking service generates a stop-sale

alert.

D. Absent intentional violation of this act, any pharmacy

utilizing the electronic methamphetamine precursor tracking service

in accordance with this section shall not be civilly liable as a

result of any act or omission in carrying out the duties required by

this section. Such pharmacies shall also be immune from liability

to any third party unless the pharmacy has violated a provision of

this section in relation to a claim brought for such violation. The

provisions of this section shall not apply to a person who obtains

the product or products pursuant to a valid prescription.

E. The information entered, stored and maintained by the

electronic methamphetamine precursor tracking service shall be

confidential and shall only be accessed by law enforcement

officials, health care professionals and licensed pharmacists for

the purpose of controlling the sale of methamphetamine precursors.

F. If a pharmacy selling an over-the-counter product containing

pseudoephedrine or ephedrine experiences mechanical or electronic

failure of the electronic tracking service and is unable to comply

with the provisions of this section, the pharmacy shall maintain a

written log until such time as the pharmacy is able to comply with

the electronic tracking service requirements.

G. A pharmacy selling an over-the-counter product containing

pseudoephedrine or ephedrine may seek an exemption from submitting

transactions to the electronic tracking service in writing to the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

stating the reasons for such exemption. The Bureau may grant an

exemption for good cause, but in no event shall such exemption

exceed one hundred eighty (180) days. Any pharmacy that receives an

exemption shall maintain a hard-copy logbook and shall require the

purchaser to provide the information required pursuant to subsection

A of this section before completion of any sale. The logbook shall

be maintained as a record of each sale for inspection by any law

enforcement official during normal business hours.

H. All data that is collected from the pharmacies of this state

and stored in the electronic methamphetamine precursor tracking

service shall be downloaded and exported by electronic means to the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control at

least every twenty-four (24) hours. The export of data shall be in

a version that is in compliance with the standards agreed to by both

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

and the provider of the electronic methamphetamine precursor

tracking service. The export of data shall be executed by way of a

memorandum of understanding and without charge to the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control. Any and all data

exported to, obtained by, gathered by, transmitted to or stored by

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

Oklahoma Statutes - Title 63. Public Health and Safety Page 980

or its designee shall be the property of the state. The Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control shall have the

authority to control, administer, and disseminate at the discretion

of the Bureau, the transaction data for the purpose of enforcing

federal and state laws. In addition to exporting data to the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,

real-time access to information contained in the electronic

methamphetamine precursor tracking service through an online portal

shall be provided to all law enforcement agencies within the state

free of charge.

I. The electronic methamphetamine precursor tracking service

shall generate a stop-sale alert if completion of a sale would

result in the seller or purchaser violating the quantity limits set

forth in Section 2-212 of Title 63 of the Oklahoma Statutes. The

electronic tracking service shall contain an override function that

may be used by a dispenser of pseudoephedrine or ephedrine products

who has a reasonable fear of imminent bodily harm if the sale is not

completed. Each instance in which the override function is utilized

shall be logged by the electronic tracking service.

J. A person who violates any of the provisions of this section

shall, upon conviction, be guilty of a misdemeanor punishable by a

fine of not more than One Thousand Dollars ($1,000.00). If the

person convicted is a licensed pharmacist or registered pharmacy

technician, the violation shall be reported to the State Board of

Pharmacy for review and appropriate action.
Okla. Stat. tit. 63, § 63-5025 — OK Code / Title 63 / Section 63-5025
Reimbursement methodology - Established
Status: in_force

The Oklahoma Health Care Authority may establish, with available

funds, a reimbursement methodology that will enhance the

reimbursement for services provided to Medicaid beneficiaries in

emergency hospitals in rural areas of the state.
Okla. Stat. tit. 63, § 63-935.1 — OK Code / Title 63 / Section 63-935.1
Office of the State Medical Examiner relocation
Status: in_force

The Office of the State Medical Examiner and the Board of

Medicolegal Investigations are authorized to relocate the Office of

the State Medical Examiner to a location determined by the Board as

provided by law.
Okla. Stat. tit. 63, § 63-1-829 — OK Code / Title 63 / Section 63-1-829
Inspections and investigations - Reports
Status: in_force

A. Every residential care home for which a license has been

issued shall be inspected by a duly appointed representative of the

State Department of Health pursuant to rules promulgated by the

State Commissioner of Health with the advice and counsel of the

Long-Term Care Facility Advisory Board. Inspection reports shall be

prepared on forms prescribed by the Department with the advice and

counsel of the Advisory Board.

B. 1. The Department shall at least one time a year and

whenever it deems necessary inspect, survey, and evaluate each home

to determine compliance with applicable licensure rules.

2. An inspection, investigation, survey, or evaluation shall be

either announced or unannounced. The Commissioner shall promulgate

Oklahoma Statutes - Title 63. Public Health and Safety Page 480

rules determining the criteria when an inspection, investigation,

survey, or evaluation shall be unannounced or may be announced by

the Department. Any licensee, applicant for a license, or operator

of any unlicensed facility shall be deemed to have given consent to

any duly authorized employee or agent of the Department to enter and

inspect the home in accordance with the provisions of the

Residential Care Act. Refusal to permit such entry or inspection

shall constitute grounds for the denial, nonrenewal, suspension, or

revocation of a license as well as emergency transfer of all

residents.

3. Any employee of the Department who discloses to any

unauthorized person, prior to an inspection, information regarding

an unannounced residential care home inspection that is required

pursuant to the provisions of the Residential Care Act shall, upon

conviction thereof, be guilty of a misdemeanor. In addition, such

action shall be construed to be a misuse of office and punishable as

a violation of rules promulgated by the Ethics Commission.

One person may be invited from a statewide organization of older

adults or persons with disabilities by the Department to act as a

citizen observer in any inspection.

C. The Department shall maintain a log, updated at least

monthly and available for public inspection, which shall at a

minimum detail:

1. The name of the home and date of inspection, investigation,

survey, or evaluation;

2. Any deficiencies, lack of compliance, or violation noted at

the inspection, investigation, survey, or evaluation;

3. The date a notice of violation, license denial, nonrenewal,

suspension, or revocation was issued or other enforcement action

occurred;

4. The date a plan of correction was submitted and the date the

plan was approved;

5. The date corrections were completed, as verified by an

inspection; and

6. If the inspection or investigation was made pursuant to the

receipt of a complaint, the date such complaint was received and the

date the complainant was notified of the results of the inspection

or investigation.

D. The Department may require the residential care home to

submit periodic reports. The Department shall have access to books,

records, and other documents maintained by the home to the extent

necessary to implement the provisions of the Residential Care Act

and the rules promulgated by the Commissioner pursuant thereto.

E. The Department shall make at least one annual report on each

home in the state. The report shall include all conditions and

practices not in compliance with the provisions of the Residential

Care Act or rules promulgated pursuant thereto within the last year

Oklahoma Statutes - Title 63. Public Health and Safety Page 481

and, if a violation is corrected, or is subject to an approved plan

of correction. The Department shall send a copy of the report to

any person upon receiving a written request. The Department may

charge a reasonable fee to cover the cost of copying and mailing the

report.

F. A representative of the Office of the State Long-Term Care

Ombudsman or case manager employed by the Department of Mental

Health and Substance Abuse Services or one of its contract agencies

is authorized to accompany and shall be notified by the Department

of any inspection conducted of any home licensed pursuant to the

provisions of the Residential Care Act. The State Long-Term Care

Ombudsman or a representative of the Office is authorized to enter

any home licensed pursuant to the provisions of the Residential Care

Act, communicate privately and without unreasonable restriction with

any resident of a home who consents to such communication, to seek

consent to communicate privately and without restriction with any

resident of a home, and to observe all areas of a home that directly

pertain to the care of a resident of a home.

G. Following any inspection by the Department, pursuant to the

provisions of this section, all reports relating to the inspection

shall be filed in the county office of the Department of Human

Services in which the home is located and with the Department of

Mental Health and Substance Abuse Services.
Okla. Stat. tit. 63, § 63-1-520 — OK Code / Title 63 / Section 63-1-520
False discharge from treatment - Penalty
Status: in_force

Any physician who shall, after having knowledge or information

that any person is or may be an infected person, sell, give or

furnish to such infected person, or to any other person for such

infected person, a discharge from treatment, or written instrument

or statement pronouncing such infected person cured, before such

infected person is actually cured of such sexually transmitted

infection (STI), shall be guilty of a misdemeanor. Provided,

however, that no person who is infected with an STI but who has

received treatment adequate to render the person noninfectious shall

be denied a permit to work, because of the infection, in those

categories of employment where permits to work are required by state

law or local ordinance.
Okla. Stat. tit. 63, § 63-427.28 — OK Code / Title 63 / Section 63-427.28
Fingerprints — Medical marijuana facility employees
Status: in_force

A. The Oklahoma Medical Marijuana Authority shall require all

employees of medical marijuana facilities to submit their

fingerprints to the Oklahoma State Bureau of Investigation (OSBI)

for the purpose of conducting a state and federal fingerprint-based

criminal background check.

B. The Authority may require that such fingerprint submissions

be made as part of an individual’s application for a license,

permit, identification card, or credential authorizing that

individual to be an employee of a medical marijuana facility.

C. Fingerprint cards and any required fees shall be sent to the

OSBI central repository. The fingerprint records shall be used for

searching the state criminal records repository and shall also be

forwarded to the Federal Bureau of Investigation for a federal

criminal record search as provided in Section 150.9 of Title 74 of

the Oklahoma Statutes. The OSBI shall notify the Authority of any

criminal history record information or lack of criminal history

record information discovered on the submitting individual.

Notwithstanding the provisions of Section 150.9b of Title 74 of the

Oklahoma Statutes, all records related to any criminal history

information discovered shall be accessible and available to the

Authority.

D. As used in this section:

1. “Employee” means any natural person who:

a. grows, harvests, dries, cures, purchases, sells,

transfers, transports, processes, produces,

manufactures, creates, or packages medical marijuana,

medical marijuana products, or medical marijuana waste

on behalf of or for a licensed medical marijuana

commercial grower, processor, or dispensary,

b. samples, trains, or educates on behalf of or for a

licensed medical marijuana education or research

facility,

c. disposes of or transports medical marijuana, medical

marijuana products, and medical marijuana waste on

behalf of or for a licensed medical marijuana waste

disposal facility,

d. tests and conducts research on medical marijuana and

medical marijuana products on behalf of or for a

medical marijuana licensed testing laboratory,

e. transports, stores, distributes, but does not take

ownership of, medical marijuana and medical marijuana

products on behalf of or for a licensed medical

marijuana commercial transporter,

f. tracks, traces, reports, and inputs any information

into the state inventory tracking system on behalf of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1201

or for a licensed medical marijuana commercial license

holder, or

g. serves in a role or provides services which would be

reasonably expected to involve regular physical

contact with medical marijuana, medical marijuana

products, or medical marijuana waste; and

2. “Medical marijuana facility” means an entity licensed or

certified by the Authority to acquire, cultivate, process,

manufacture, test, store, sell, transport, or deliver medical

marijuana.
Okla. Stat. tit. 63, § 63-1-725.13 — OK Code / Title 63 / Section 63-1-725.13
List requirements
Status: in_force

A. A hospital shall:

1. Maintain a list of all standard charges for all hospital

items or services in accordance with this section; and

2. Ensure the list required under paragraph 1 of this

subsection is available at all times to the public, including by

posting the list electronically in the manner provided by this

section.

B. The standard charges contained in the list required to be

maintained by a hospital under subsection A of this section shall

reflect the standard charges applicable to that location of the

hospital, regardless of whether the hospital operates in more than

one location or operates under the same license as another hospital.

C. The list required under subsection A of this section shall

include the following items, as applicable:

1. A description of each hospital item or service provided by

the hospital;

Oklahoma Statutes - Title 63. Public Health and Safety Page 288

2. The following charges for each individual hospital item or

service when provided in either an inpatient setting or an

outpatient department setting, as applicable:

a. the gross charge,

b. the de-identified minimum negotiated charge,

c. the de-identified maximum negotiated charge,

d. the discounted cash price, and

e. the payor-specific negotiated charge, listed by the

name of the third-party payor and plan associated with

the charge and displayed in a manner that clearly

associates the charge with each third-party payor and

plan; and

3. Any code used by the hospital for purposes of accounting or

billing for the hospital item or service, including the Current

Procedural Terminology (CPT) code, the Healthcare Common Procedure

Coding System (HCPCS) code, the Diagnosis Related Group (DRG) code,

the National Drug Code (NDC), or other common identifier.

D. The information contained in the list required under

subsection A of this section shall be published in a single digital

file that is in a machine-readable format.

E. The list required under subsection A of this section shall

be displayed in a prominent location on the hospital’s publicly

accessible Internet website. If the hospital operates multiple

locations and maintains a single Internet website, the list required

under subsection A of this section shall be posted for each location

the hospital operates in a manner that clearly associates the list

with the applicable location of the hospital.

F. The list required under subsection A of this section shall:

1. Be available:

a. free of charge,

b. without having to establish a user account or

password, and

c. without having to submit personal identifying

information;

2. Be digitally searchable; and

3. Use the Centers for Medicare and Medicaid Services naming

convention specified under 45 C.F.R., Section 180.50.

G. The hospital shall update the list required under subsection

A of this section at least once each year. The hospital shall

clearly indicate the date on which the list was most recently

updated, either on the list or in a manner that is clearly

associated with the list.
Okla. Stat. tit. 63, § 63-1-541 — OK Code / Title 63 / Section 63-1-541
Registry of persons who took DES
Status: in_force

The State Commissioner of Health shall maintain a confidential

registry of women who took DES during pregnancy and their offspring

who were exposed to DES prenatally, for the purpose of follow-up

care and treatment of long-term problems associated with DES

exposure. Enrollment in the registry shall be upon a voluntary

basis.

Oklahoma Statutes - Title 63. Public Health and Safety Page 239
Okla. Stat. tit. 63, § 63-1-1404 — OK Code / Title 63 / Section 63-1-1404
Violations - Penalties - Exemptions
Status: in_force

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

1402 of this article shall be guilty of a misdemeanor, and shall on

conviction thereof be subject to imprisonment for not more than

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

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

is committed after a conviction of such person under this section

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

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

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

Oklahoma Statutes - Title 63. Public Health and Safety Page 609

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

(a) of this section, for having violated Section 1402(a) or (c) of

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

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

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

the effect that such article is not adulterated or misbranded within

the meaning of this article, designating this article.

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

agency or medium for the dissemination of an advertisement, except

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

which a false advertisement relates, shall be liable under this

section by reason of the dissemination by him of such false

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

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

Commissioner the name and post office address of the manufacturer,

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

United States who caused him to disseminate such advertisement.
Okla. Stat. tit. 63, § 63-1-2411 — OK Code / Title 63 / Section 63-1-2411
Renumbered as § 2-10-1111 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-749.1 — OK Code / Title 63 / Section 63-1-749.1
Inspections of abortion facilities
Status: in_force

A. The State Board of Health shall establish policies and

procedures for conducting pre-licensure and re-licensure inspections

of abortion facilities. Prior to issuing or reissuing a license,

the Department shall conduct an on-site inspection to ensure

compliance with the rules promulgated by the Board.

B. The Board shall promulgate rules for conducting inspections

and investigations pursuant to complaints received by the State

Department of Health and made against any abortion facility. The

Department shall receive, record, and dispose of complaints in

accordance with established policies and procedures.

C. If the State Commissioner of Health determines that there is

reasonable cause to believe a licensee, licensed abortion facility

or abortion facility that is required to be licensed in this state

is not adhering to the requirements of Section 1-729a et seq. of

Title 63 of the Oklahoma Statutes, local fire ordinances or rules or

any other law, administrative rule or regulation relating to

abortion, the Commissioner and any duly designated employee or agent

of the Commissioner including employees of county or city-county

health departments and county or municipal fire inspectors,

consistent with standard medical practices, may enter on and into

the premises of the licensee, licensed abortion facility or abortion

facility that is required to be licensed in this state during

regular business hours of the licensee or abortion facility to

determine compliance with the provisions of Section 1-729a et seq.

of Title 63 of the Oklahoma Statutes, local fire ordinances or

rules, and any other law, administrative rule or regulation relating

to abortion.

D. An application for a license to operate a private office,

freestanding outpatient clinic or other facility or clinic in which

abortions are performed constitutes permission for, and complete

acquiescence in, an entry or inspection of the premises during the

pendency of the application and, if licensed, during the term of the

license.

E. If an inspection or investigation conducted pursuant to this

section reveals that an applicant, licensee or licensed abortion

Oklahoma Statutes - Title 63. Public Health and Safety Page 433

facility is not adhering to the requirements of this section, the

provisions of Title 1-729a et seq. of Title 63 of the Oklahoma

Statutes, local fire ordinances or rules and any other law,

administrative rule or regulation relating to abortion, the

Commissioner may take action to deny, suspend, revoke or refuse to

renew a license to operate an abortion facility.
Okla. Stat. tit. 63, § 63-1-1150 — OK Code / Title 63 / Section 63-1-1150
Authority to operate – Permissible locations –
Status: in_force

Promulgation of rules.

A. A mobile food vendor with a food establishment license

required under Section 1-1118 of Title 63 of the Oklahoma Statutes

is authorized to operate in this state subject to this section.

Mobile food vendors shall follow all state and local laws and

regulations governing operations in the jurisdiction where the

vendor is operating that are not in conflict with this act.

B. A mobile food vendor with a food establishment license

required under Section 1-1118 of Title 63 of the Oklahoma Statutes

shall provide a copy of its state license to a local authority for

recognition by the local authority before operating in the local

authority's jurisdiction. The local authority shall recognize a

lawful and valid state license and authorize the mobile food vendor

to operate in its jurisdiction within five (5) business days of

receipt of the state license and verification of compliance with

local regulations not in conflict with this act. Such recognition

and authorization may include issuing a local license or permit to

the mobile food vendor. Any local license or permit issued shall

not impose additional requirements that conflict with this act.

C. Upon compliance with subsection B of this section, a mobile

food vendor may operate in the following locations:

1. Any location allowed by the local authority; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 591

2. On private property under the following circumstances:

a. the property is located in a zoning district where

food service establishments are permitted to operate

and the vendor has permission of the property owner,

designee, or lessor,

b. the property is located in a residential zoning

district and the mobile food vendor has been invited

by a resident or group of residents in that district

to operate on their property for the purpose of

serving food to that resident, group of residents, or

their guests; provided, that the operation of mobile

food vendors on the subject property not exceed twelve

(12) days per year, and

c. the mobile food vendor would not cause a nuisance.

D. A mobile food vendor shall not operate in any manner which

will interfere with or obstruct the free passage of pedestrians or

vehicles along any street, sidewalk, or parkway.

E. A mobile food vendor shall not operate in a state park

without having a contract or lease agreement approved by the

Oklahoma Tourism and Recreation Commission.

F. When operating, a mobile food vendor shall:

1. Maintain a food vending vehicle in good operating order;

2. Provide a waste receptacle for customers that is visible and

request that customers use it;

3. Remove and dispose of all refuse within a twenty-five-foot

radius of the mobile food vendor's operating area at the conclusion

of operation;

4. Display the mobile food vendor's food establishment license

in a conspicuous location for public view; and

5. If serving food at a temporary mass gathering, notify the

State Department of Health and the local authority in the

jurisdiction where the gathering is to be located of the dates the

mobile food vendor will operate at the temporary mass gathering at

least ten (10) business days prior to the gathering.

G. The State Commissioner of Health may promulgate rules to

enforce the provisions of this section. Rules adopted shall not:

1. Require a mobile food vendor to operate a specific distance

from the perimeter of an existing commercial establishment or to

enter into any agreement with a commercial establishment;

2. Require a mobile food vendor that serves only prepackaged

food or that does not prepare or open food to have a handwashing

sink in the food vending vehicle;

3. Require a mobile food vendor to associate with a commissary

if the vendor carries all the equipment necessary to comply with

health and safety standards and applicable regulations;

4. Limit the number of licensed mobile food vendors;

Oklahoma Statutes - Title 63. Public Health and Safety Page 592

5. Require a mobile food vendor to obtain any additional

permits from a local authority unless the mobile food vendor seeks

to operate at an event which is permitted by a local authority or in

a local, public park;

6. Require a mobile food vendor to be fingerprinted or to

install a Global Positioning System (GPS) tracking device on the

vendor's vehicle;

7. Require a mobile food vendor to stay in constant motion

except for when serving customers;

8. Require a mobile food vendor to change locations unless the

vendor is operating in violation of this act;

9. Require a mobile food vendor to maintain insurance that

names a local authority as an additional insured unless the vendor

is operating at an event sponsored by the local authority or

operating in a local, public park;

10. Require a mobile food vendor to maintain a bond that names

a local authority as a beneficiary unless the vendor is operating at

an event sponsored by the local authority or operating in a local,

public park;

11. Require a mobile food vendor to submit to health

inspections beyond health inspections conducted by the Department or

by a local authority collaborating with the Department, unless the

Department is investigating a reported foodborne illness, or

addressing a complaint of an imminent health or safety hazard to the

public;

12. Require a health inspection of a food vending vehicle more

than twice per year unless the Department is ensuring a mobile food

vendor has corrected a violation detected during a prior inspection,

is investigating a reported foodborne illness, or is conducting a

nonobstructive spot inspection to ensure food safety;

13. Charge a mobile food vendor fees for a health inspection;

or

14. Require a mobile food vendor to submit to a state fire

inspection if the vendor can demonstrate it passed a state or local

fire inspection in the previous twelve (12) months.
Okla. Stat. tit. 63, § 63-1-222.2 — OK Code / Title 63 / Section 63-1-222.2
Duties of governing boards
Status: in_force

The duties of each of the governing boards shall be:

1. For the community mental health board, the duties prescribed

by the Unified Community Mental Health Services Act, Sections 3-301

through 3-327 of Title 43A of the Oklahoma Statutes; and

2. For the intellectual disability board, the duties prescribed

for the Department of Human Services by Sections 1406 through 1425

of Title 10 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1070 — OK Code / Title 63 / Section 63-1070
Provisions of bonds and trust indentures
Status: in_force

In connection with the issuance of bonds or the incurring of

obligations under leases and in order to secure the payment of such

bonds or obligations, an authority, in addition to its other powers,

shall have power:

(a) to pledge all or any part of its gross or net rents, fees or

revenues to which its right then exists or may thereafter come into

existence.

(b) to covenant against pledging all or any part of its rents,

fees and revenues, or against permitting or suffering any lien on

such revenues or property; to covenant with respect to limitations

on its right to sell, lease or otherwise dispose of any housing

project or any part thereof; and to covenant as to what other or

additional debts or obligations may be incurred by it.

(c) to covenant as to the bonds to be issued and as to the

issuance of such bonds in escrow or otherwise, and as to the use and

disposition of the proceeds thereof; to provide for the replacement

of lost, destroyed, or mutilated bonds; to covenant against

extending the time for the payment of its bonds or interest thereon;

and to covenant for the redemption of the bonds and to provide the

terms and conditions thereof.

(d) to covenant, subject to the limitations contained in this

act, as to the rents and fees to be charged in the operation of a

housing project or projects, the amount to be raised each year or

other period of time by rents, fees, and other revenues, and as to

the use and disposition to be made thereof; to create or to

authorize the creation of special funds for monies held for

construction or operating costs, debt service, reserves, or other

Oklahoma Statutes - Title 63. Public Health and Safety Page 1324

purposes, and to covenant as to the use and disposition of the

monies held in such funds.

(e) to prescribe the procedure, if any, by which the terms of

any contract with bondholders may be amended or abrogated, the

proportion of outstanding bonds the holders of which must consent to

such action, and the manner in which such consent may be given.

(f) to covenant as to the use, maintenance, and replacement of

any or all of its real or personal property, the insurance to be

carried thereon and the use and disposition of insurance monies.

(g) to covenant as to the rights, liabilities, powers and duties

arising upon the breach by it of any covenant, condition, or

obligations; and to covenant and prescribe as to events of default

and terms and conditions upon which any or all of its bonds or

obligations shall become or may be declared due before maturity, and

as to the terms and conditions upon which such declaration and its

consequences may be waived.

(h) to vest in any obligee of the authority or any specified

proportion of them the right to enforce the payment of the bonds or

any covenants securing or relating to the bonds; to vest in such

obligees the right, in the event of a default by said authority, to

take possession of and use, operate and manage any project or any

part thereof or any funds connected therewith, and to collect the

rents and revenues arising therefrom and to dispose of such monies

in accordance with the agreement of the authority with such

obligees; to provide for the powers and duties of such obligees and

to limit the liabilities thereof; and to provide the terms and

conditions upon which such obligees may enforce any covenant or

rights securing or relating to the bonds.

(i) to exercise all or any part or combination of the powers

herein granted; to make such covenants, other than and in addition

to the covenants herein expressly authorized, and to do any and all

such acts and things as may be necessary or convenient or desirable

in order to secure its bonds, or, in the absolute discretion of said

authority, as will tend to make the bonds more marketable

notwithstanding that such covenants, acts or things may not be

enumerated herein.
Okla. Stat. tit. 63, § 63-1-740.11 — OK Code / Title 63 / Section 63-1-740.11
Nongovernmental entities providing alternatives-to-
Status: in_force

abortion services, funding - Annual reports - Contracts for services

- Rules.

A. Before July 1, 2007, the State Department of Health shall

establish and implement a program to facilitate funding to

nongovernmental entities that provide alternatives-to-abortion

services. The services must be outcome-based with positive outcome-

based results.

B. During the 2006 interim, the State Department of Health

shall make annual reports to the Speaker of the House of

Representatives and the President Pro Tempore of the Senate

regarding the status of the alternatives-to-abortion services

funding, the first of which must be made by December 1, 2006.

C. The Department may contract with nongovernmental health care

and special service organizations to provide services offered under

the program. The services must be outcome-based with positive

outcome-based results. The Department may not contract with a

provider of adoption services not licensed by the state.

D. The State Department of Health shall promulgate rules

necessary to implement the provisions of this act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 374

E. As used in this section, “alternatives-to-abortion services”

means those services that promote childbirth instead of abortion by

providing information, counseling, and support services that assist

pregnant women or women who believe they may be pregnant to choose

childbirth and to make informed decisions regarding the choice of

adoption or parenting with respect to their children.

The information, counseling and services provided under this

program may include, but are not limited to:

1. Medical care;

2. Nutritional services;

3. Housing assistance;

4. Adoption services;

5. Educational and employment assistance, including services

that support the continuation and completion of high school;

6. Child care assistance; and

7. Parenting education and support services.
Okla. Stat. tit. 63, § 63-5009.2 — OK Code / Title 63 / Section 63-5009.2
Advisory Committee on Medical Care for Public
Status: in_force

Assistance Recipients.

A. The Advisory Committee on Medical Care for Public Assistance

Recipients, created by the Oklahoma Health Care Authority pursuant

to 42 Code of Federal Regulations, Section 431.12, for the purpose

of advising the Authority about health and medical care services,

shall include among its membership of no more than sixteen (16) the

following:

1. Board-certified physicians and other representatives of the

health professions who are familiar with the medical needs of low-

income population groups and with the resources available and

required for their care. The Advisory Committee shall, at all

times, include at least one physician from each of the six classes

of physicians listed in Section 725.2 of Title 59 of the Oklahoma

Statutes. All such physicians and other representatives of the

health professions shall be participating providers in the State

Medicaid Plan;

2. Members of consumers’ groups, including, but not limited to:

a. Medicaid recipients, and

b. representatives from consumer organizations including

a member representing nursing homes, a member

representing individuals with developmental

disabilities and a member representing one or more

behavioral health professions;

3. The Director of the Department of Human Services or

designee;

4. The Commissioner of Mental Health and Substance Abuse

Services or designee;

5. A member approved and appointed by a state organization or

state chapter of a national organization of pediatricians dedicated

to the health, safety and well-being of infants, children,

adolescents and young adults, who shall:

a. monitor provider relations with the Oklahoma Health

Care Authority, and

b. create a forum to address grievances;

6. A member who is a member or citizen of a federally

recognized American Indian tribe or nation whose primary tribal

headquarters is located in this state; and

7. A member representing a contracted entity as defined in

Section 4002.2 of Title 56 of the Oklahoma Statutes or a health plan

association representing more than one such contracted entity.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1714

Beginning on January 1, 2022, appointments made to the Advisory

Committee shall be for a duration not to exceed four (4) consecutive

calendar years.

B. The Advisory Committee shall meet bimonthly to review and

make recommendations related to:

1. Policy development and program administration;

2. Policy changes proposed by the Authority prior to

consideration of such changes by the Authority;

3. Financial concerns related to the Authority and the

administration of the programs under the Authority; and

4. Other pertinent information related to the management and

operation of the Authority and the delivery of health and medical

care services.

C. 1. The Administrator of the Authority shall provide such

staff support and independent technical assistance as needed by the

Advisory Committee to enable the Advisory Committee to make

effective recommendations.

2. The Advisory Committee shall elect from among its members a

chair and a vice chair who shall serve one-year terms. A member may

serve more than one but not more than four consecutive one-year

terms as chair or vice chair. A majority of the members of the

Advisory Committee shall constitute a quorum to transact business,

but no vacancy shall impair the right of the remaining members to

exercise all of the powers of the Advisory Committee.

3. Members shall not receive any compensation for their

services but shall be reimbursed pursuant to the provisions of the

State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of

the Oklahoma Statutes.

D. The Authority shall give due consideration to the comments

and recommendations of the Advisory Committee in the Authority’s

deliberations on policies, administration, management and operation

of the Authority.
Okla. Stat. tit. 63, § 63-1-2502 — OK Code / Title 63 / Section 63-1-2502
Legislative findings and declaration
Status: in_force

The Legislature hereby finds and declares that:

1. There is a critical shortage of providers of emergency care

for:

a. the delivery of fast, efficient emergency medical care

for the sick and injured at the scene of a medical

emergency and during transport to a health care

facility, and

b. the delivery of stabilizing and definitive care at a

health care facility; and

2. Improved emergency service is required to reduce the

mortality rate during the first critical minutes immediately

following the onset of a medical emergency.
Okla. Stat. tit. 63, § 63-1-1001.1 — OK Code / Title 63 / Section 63-1-1001.1
Short title
Status: in_force

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

Bedding Regulation Act".
Okla. Stat. tit. 63, § 63-128.5 — OK Code / Title 63 / Section 63-128.5
Shooting wells within limits
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1078

If it becomes necessary to shoot a well located within any city,

town or village or within the prohibited distance prescribed herein,

before such well is shot or any nitroglycerin is taken within any

city, town or village or within the prohibited distance herein

prescribed, permission to take a sufficient amount of nitroglycerin

to shoot said well must first be obtained from the mayor, city

council, manager or board of trustees of such city, town or village

where said well is to be shot.
Okla. Stat. tit. 63, § 63-1-563 — OK Code / Title 63 / Section 63-1-563
Genetic counselors - License required
Status: in_force

A. Except as provided in subsection C of this section, any

person engaging in the practice of genetic counseling shall obtain a

license to do so as hereinafter provided. A license to practice

genetic counseling shall be issued to any person who qualifies

pursuant to the provisions of this act.

B. Any person who does not have a valid license or temporary

license as a genetic counselor shall not use in connection with his

or her name or place of business the title “genetic counselor”,

“licensed genetic counselor”, “gene counselor”, “genetic

consultant”, “genetic associate”, or any words, letters,

abbreviations or insignia indicating or implying that a person has

met the qualifications for or has the license issued pursuant to the

provisions of this act.

C. The provisions of this section shall not apply to a person

engaging in the practice of genetic counseling prior to the

effective date of this act.
Okla. Stat. tit. 63, § 63-683.9 — OK Code / Title 63 / Section 63-683.9
Natural or man-made emergency - Additional powers of
Status: in_force

Governor.

The provisions of this section shall be operative only during

the existence of a natural or man-made emergency. The existence of

such emergency may be proclaimed by the Governor or by concurrent

resolution of the Legislature if the Governor in such proclamation,

or the Legislature in such resolution, finds that an emergency or

disaster has occurred or is anticipated in the immediate future.

Any such emergency, whether proclaimed by the Governor or by the

Legislature, shall terminate upon the proclamation of the

termination thereof by the Governor, or by passage by the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1227

Legislature of a concurrent resolution terminating such emergency.

During such period as such state of emergency exists or continues,

the Governor shall have and may exercise the following additional

emergency powers:

1. To activate the Emergency Operations Plan, and to assume

regulatory control over all essential resources of this state,

directly or through the boards, agencies, offices and officers

established by the Emergency Operations Plan, to determine

priorities of such resources and allocate such resources as the

Governor may deem necessary in cooperation with the political

subdivisions of this state, the federal government or other states.

For purposes of this paragraph:

a. “resources” means all economic resources within this

state including, but not limited to, food, manpower,

health, water, transportation, economic stabilization,

electric power, petroleum, gas, solid fuel, industrial

production, construction and housing, and

b. “economic stabilization” means the maintaining of the

monetary, taxation, and revenue policies of this state

without a negative effect to the market economy and

its operations and specifically excludes the

determination of essential or nonessential private

business enterprises or the closing of private

business enterprises.

2. To enforce all laws, rules and regulations relating to

emergency management and to assume direct operational control of any

or all emergency management forces and helpers in this state.

3. To provide for the evacuation of all or part of the

population from any stricken or threatened area or areas within this

state and to take such steps as are necessary for the receipt and

care of such evacuees.

4. Subject to the provisions of the Oklahoma Constitution, to

remove from office any public officer having administrative

responsibilities under this act for willful failure to obey any

order, rule or regulation adopted pursuant to this act. Such

removal shall be upon charges after service upon such person of a

copy of such charges and after giving such person an opportunity to

be heard in the defense of such person. Pending the preparation and

disposition of charges, the Governor may suspend such person for a

period not exceeding thirty (30) days. A vacancy resulting from

removal or suspension pursuant to this section shall be filled by

the Governor until it is filled as otherwise provided by law.

5. To perform and exercise such other functions, powers and

duties as are necessary to promote and secure the safety and

protection of the civilian population and to carry out the

provisions of the Emergency Operations Plan in a national or state

emergency.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1228
Okla. Stat. tit. 63, § 63-3163 — OK Code / Title 63 / Section 63-3163
Disclosure statement for patients and patients' families
Status: in_force

A. The State Board of Medical Licensure and Supervision shall

prepare, and from time to time amend, a disclosure statement

designed to inform patients and patients' families of their rights

under the specified sections of the Hydration and Nutrition for

Incompetent Patients Act (Sections 3080.2 through 3080.5 of Title 63

of the Oklahoma Statutes), the Nondiscrimination in Treatment Act

(Sections 3090.2 and 3090.3 of Title 63 of the Oklahoma Statutes),

the Oklahoma Advance Directive Act (Section 3101.9 of Title 63 of

the Oklahoma Statutes) and the Oklahoma Do-Not-Resuscitate Act

(Section 3131.4 of Title 63 of the Oklahoma Statutes). The

disclosure statement shall include contact information for officials

to whom alleged violations of those provisions may be reported. The

State Department of Health shall make the current disclosure

statement available on the Department's website and shall inform the

entities specified in subsection B of this section of the

availability of the disclosure statement and how to obtain the

disclosure statement.

B. Any entity to which the requirements of the federal Patient

Self-Determination Act under 42 U.S.C., Section 1395cc(f) or 42

U.S.C., Section 1396a(w) apply shall, at the time of providing the

written information required by 42 U.S.C., Section

1395cc(f)(1)(A)(i) or 42 U.S.C., Section 1396a(w)(1)(A)(i), include

a copy of the disclosure statement described in subsection A of this

section.

C. The provisions of subsection B of this section shall be

effective thirty (30) days after the date on which the State

Department of Health publishes the initial disclosure statement

required by this section.
Okla. Stat. tit. 63, § 63-1-1432.3 — OK Code / Title 63 / Section 63-1-1432.3
Product disclosure by vendor
Status: in_force

A. A vendor that prepares, distributes, sells or exposes for

sale a food or product that contains kratom as an ingredient or that

is represented to be a kratom product shall disclose on the product

label, website, or a quick response (QR) code on the product label

linked to a website, the factual basis on which that representation

is made.

B. A vendor shall not prepare, distribute, sell or expose for

sale a food or ingredient that contains kratom as an ingredient or

that is represented to be a kratom product that does not conform to

the disclosure required by this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 620
Okla. Stat. tit. 63, § 63-1-2561 — OK Code / Title 63 / Section 63-1-2561
Article XII — Rulemaking
Status: in_force

ARTICLE XII

Rulemaking

A. The Commission shall exercise its rulemaking powers pursuant

to the criteria set forth in this section and the rules adopted

thereunder. Rules and amendments shall become binding as of the

date specified in each rule or amendment.

B. If a majority of the legislatures of the member states

reject a rule, by enactment of a statute or resolution in the same

manner used to adopt the Compact, then such rule shall have no

further force and effect in any member state.

C. Rules or amendments to the rules shall be adopted at a

regular or special meeting of the Commission.

D. Prior to promulgation and adoption of a final rule or rules

by the Commission, and at least sixty (60) days in advance of the

meeting at which the rule will be considered and voted upon, the

Commission shall file a Notice of Proposed Rulemaking:

1. On the website of the Commission; and

2. On the website of each member state's EMS authority or the

publication in which each state would otherwise publish proposed

rules.

E. The Notice of Proposed Rulemaking shall include:

1. The proposed time, date, and location of the meeting in

which the rule or amendment will be considered and voted upon;

2. The text of the proposed rule or amendment and the reason

for the proposed rule or amendment;

3. A request for comments on the proposed rule or amendment

from any interested person; and

4. The manner in which interested persons may submit notice to

the Commission of their intention to attend the public hearing and

any written comments.

F. Prior to adoption of a proposed rule or amendment, the

Commission shall allow persons to submit written data, facts,

opinions, and arguments, which shall be made available to the

public.

G. The Commission shall grant an opportunity for a public

hearing before it adopts a rule or amendment if a hearing is

requested by:

1. At least twenty-five persons;

2. A governmental subdivision or agency; or

3. An association having at least twenty-five members.

Oklahoma Statutes - Title 63. Public Health and Safety Page 860

H. If a hearing is held on the proposed rule or amendment, the

Commission shall publish the place, time, and date of the scheduled

public hearing.

1. All persons wishing to be heard at the hearing shall notify

the executive director of the Commission or other designated member

in writing of their desire to appear and testify at the hearing not

less than five (5) business days before the scheduled date of the

hearing.

2. Hearings shall be conducted in a manner providing each

person who wishes to comment a fair and reasonable opportunity to

comment orally or in writing.

3. No transcript of the hearing is required, unless a written

request for a transcript is made, in which case the person

requesting the transcript shall bear the cost of producing the

transcript. A recording may be made in lieu of a transcript under

the same terms and conditions as a transcript. This paragraph shall

not preclude the Commission from making a transcript or recording of

the hearing if it so chooses.

4. Nothing in this section shall be construed as requiring a

separate hearing on each rule or amendment. Rules or amendments may

be grouped for the convenience of the Commission at hearings

required by this section.

I. Following the scheduled hearing date, or by the close of

business on the scheduled hearing date if the hearing was not held,

the Commission shall consider all written and oral comments

received.

J. The Commission shall, by majority vote of all members, take

final action on the proposed rule or amendment and shall determine

the effective date of the rule, if any, based on the rulemaking

record and the full text of the rule.

K. If no written notice of intent to attend the public hearing

by interested parties is received, the Commission may proceed with

promulgation of the proposed rule or amendment without a public

hearing.

L. Upon determination that an emergency exists, the Commission

may consider and adopt an emergency rule without prior notice,

opportunity for comment, or hearing, provided that the usual

rulemaking procedures provided in the Compact and in this section

shall be retroactively applied to the rule as soon as reasonably

possible, in no event later than ninety (90) days after the

effective date of the rule. For the purposes of this subsection, an

emergency rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or

welfare;

2. Prevent a loss of Commission or member state funds;

3. Meet a deadline for the promulgation of an administrative

rule that is established by federal law or rule; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 861

4. Protect public health and safety.

M. The Commission or an authorized committee of the Commission

may direct revisions to a previously adopted rule or amendment for

purposes of correcting typographical errors, errors in format,

errors in consistency, or grammatical errors. Public notice of any

revisions shall be posted on the website of the Commission. The

revision shall be subject to challenge by any person for a period of

thirty (30) days after posting. The revision may be challenged only

on grounds that the revision results in a material change to a rule

or amendment. A challenge shall be made in writing and delivered to

the chair of the Commission prior to the end of the notice period.

If no challenge is made, the revision will take effect without

further action. If the revision is challenged, the revision may not

take effect without the approval of the Commission.
Okla. Stat. tit. 63, § 63-5054 — OK Code / Title 63 / Section 63-5054
State Medicaid program - Administrative sanctions
Status: in_force

A. The Oklahoma Health Care Authority may administer

administrative sanctions to Medicaid recipients who abuse the state

Medicaid program.

B. Administrative sanctions shall not be administered by the

Oklahoma Health Care Authority until notice and hearing have been

provided to the Medicaid recipient.

C. For purposes of this section, “abuse” means practices that

result in reimbursement for services that are not medically

necessary, including reimbursement for a gross overutilization of

services.
Okla. Stat. tit. 63, § 63-3116 — OK Code / Title 63 / Section 63-3116
Construction of act
Status: in_force

A. Nothing in this act shall be construed to interfere with the

rights of a person legally authorized to make health care decisions

as defined in paragraph 4 of Section 3090.2 of Title 63 of the

Oklahoma Statutes.

B. Nothing in this act shall be construed to create a private

right of action against a hospital, hospital employee, a duly

authorized agent of the hospital, or otherwise supersede or replace

existing rights or remedies under any other general or special law.
Okla. Stat. tit. 63, § 63-1-860.2 — OK Code / Title 63 / Section 63-1-860.2
Definitions
Status: in_force

As used in the Oklahoma Hospice Licensing Act:

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

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

3. "Hospice program" means a centrally administered, nonprofit

or 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. A hospice program offers

palliative and supportive care to meet the special needs arising out

of the physical, emotional and spiritual stresses 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

Oklahoma Statutes - Title 63. Public Health and Safety Page 508

pay. "Class A" Hospice refers to Medicare certified hospices.

"Class B" refers to all other providers of hospice services;

4. "Hospice interdisciplinary team" or "hospice team" means a

unit composed of professionals and lay persons, as specified by the

Oklahoma Hospice Licensing Act, who provide hospice care;

5. "Hospice patient/family" means the hospice patient's

immediate kin, including a spouse, brother, sister, child, parent or

other persons with significant personal ties to the hospice patient,

who may be designated by members of the hospice patient/family;

6. "Hospice services" means those services furnished to a

patient by a hospice or by other persons, pursuant to arrangements

with such hospice, in a place of temporary or permanent residence

used as the home of the terminally ill patient for the purpose of

maintaining the patient at home. Should a patient require short-

term institutionalization, such hospice services shall be furnished

in cooperation with those contracted institutions or in a hospice

inpatient facility. Such services may include, but need not be

limited to, bereavement, palliative, personal care and such other

services as are provided by nurses, physicians, home health aides,

physical therapists, counselors, psychologists, social workers and

volunteers. Services provided by a hospital, nursing home or other

health care provider shall not constitute hospice services unless

such hospital, nursing home or other health care provider is

licensed as a hospice program;

7. "Medical advisor" means a physician licensed pursuant to the

laws of this state who is commissioned as a medical advisor by a

hospice for the purpose of providing ongoing palliative care as a

member of a hospice team;

8. "Palliative services" means the care or treatment given to a

patient by a hospice team for the reduction or abatement of pain and

other symptoms attendant to the patient’s condition;

9. "Patient" means a terminally ill person receiving hospice

services;

10. "Terminally ill" means a medical prognosis of limited life

expectancy of one (1) year or less at the time of referral to a

hospice of a person who is experiencing an illness for which

therapeutic strategies directed toward cure and control of the

illness alone, outside the context of symptom control, are no longer

appropriate;

11. "Bereavement" means the period of time following death

during which survivors mourn a death and process their grief;

12. "Bereavement services" means support services offered to a

family during the bereavement period;

13. " Hospice inpatient facility" means a facility of a licensed

hospice program, with twelve or fewer beds, in which only hospice

services are provided;

Oklahoma Statutes - Title 63. Public Health and Safety Page 509

14. "Personal care" means services provided to a patient in a

home to meet the physical requirements and to accommodate the

maintenance or supportive needs of a patient;

15. "Medically directed" means the delivery of medical care as

directed by a medical advisor;

16. "Hospice home services" means hospice services provided

primarily in the home of a patient;

17. "Inpatient services" means hospice services provided to

patients who require twenty-four (24) hour supervision by a licensed

health care provider; and

18. "Health care provider" means a facility or institution

licensed by the laws of this state to provide on a regular basis

medical services, skilled nursing care, necessary dietary service,

hospice inpatient services or personal care. The term "health care

provider" includes, but is not limited to, hospice inpatient

facilities, hospitals, skilled nursing homes, intermediate care

facilities and residential care facilities.
Okla. Stat. tit. 63, § 63-686.10 — OK Code / Title 63 / Section 63-686.10
Changing place of session
Status: in_force

Whenever, in the event of an emergency or disaster or upon

finding that an emergency or disaster may be imminent, the Governor

deems the place of session then prescribed to be unsafe, the

Governor may change it to any place within the state which the

Governor deems safer and more convenient.
Okla. Stat. tit. 63, § 63-1-2515 — OK Code / Title 63 / Section 63-1-2515
EMS Regions, Ambulance Service districts or
Status: in_force

municipalities - Regulation and control of Ambulance Service

transports - Exemptions.

A. Notwithstanding any other provision of this title, Emergency

Medical Services (EMS) Regions, Ambulance Service districts or

municipalities are hereby authorized to regulate and control,

pursuant to duly enacted ordinance or regulation, Ambulance Service

transports originating within the jurisdiction of such EMS Regions,

Ambulance Service districts or municipalities.

B. Any ordinance or regulation adopted pursuant to subsection A

of this section shall meet and may exceed, but shall not be in

contravention of, the standards promulgated by the State Board of

Health for Ambulance Service transports.

C. 1. Any ordinance or regulation adopted by an EMS Region,

Ambulance Service district or a municipality may establish a sole-

provider system for stretcher van and/or Ambulance Service

transports; provided, however, any such designated or contracted

Oklahoma Statutes - Title 63. Public Health and Safety Page 838

sole-provider which is not an EMS Region, Ambulance Service

district, municipality, or other public entity shall be selected by

competitive bidding.

2. A contract entered into pursuant to such bidding shall be

with the lowest and best bidder and may be for an initial term of

such duration as deemed operationally and fiscally prudent by the

contracting agency. The term of such sole-provider contract shall

be made public at the time bids are solicited, which solicitation

shall be not less than sixty (60) days prior to the contract start

date.

D. Any EMS Region, Ambulance Service district or municipality

may establish a sole-provider system for stretcher van and/or

Ambulance Service transports and may allow additional geographic or

political subdivisions to join such a system at any time. Whenever

such a geographic or political subdivision joins such a sole-

provider system, competitive bidding shall not be required and

provision for servicing the new jurisdiction may be accomplished by

amending the existing sole-provider contract. Furthermore, in the

event the expansion of the service area of the EMS Region, Ambulance

Service district or the municipality is substantial (in the sole

opinion of the governing body of the EMS Region, Ambulance Service

district or municipality), the existing sole-provider contract may

be extended for a period sufficient to allow reasonable opportunity

for recovery of capital costs of expansion, as determined by the

contracting agency.

E. The provisions of this section shall not be construed or

applied to limit the operation of any emergency medical service

district established and operating pursuant to Section 9C of Article

10 of the Oklahoma Constitution; provided, however, that, upon

invitation and approval of a majority of the voters of the district,

any such district is hereby authorized to join by appropriate

agreement any system established by an EMS Region, Ambulance Service

district or a municipality pursuant to the provisions of this

section.

F. The following types of patient transports shall be exempt

from regulation by EMS Regions, Ambulance Service districts or

municipalities:

1. Any ambulance owned or operated by, or under contract to

perform ambulance transport services for, the Federal or State

government, or any agency thereof;

2. Any ambulance owned and operated by a hospital and in use to

transport a patient of the owner-hospital, which patient has been

admitted to and not been discharged from the owner-hospital, to or

from another hospital or medical care facility at which the patient

receives a diagnostic or therapeutic procedure not available at the

owner-hospital;

Oklahoma Statutes - Title 63. Public Health and Safety Page 839

3. Any ambulance engaged in a routine transport call to

transport a patient from a hospital, nursing home, or dialysis

center located within an EMS Region, Ambulance Service district or

municipality to any location outside the EMS Region, Ambulance

Service district or municipality;

4. Any ambulance engaged in the transport of a patient from a

location outside an EMS Region, Ambulance Service district or

municipality to a location inside an EMS Region, Ambulance Service

district or municipality; or

5. Any ambulance engaged in the interstate transport of a

patient.
Okla. Stat. tit. 63, § 63-1-1908.1 — OK Code / Title 63 / Section 63-1-1908.1
Funding source for temporary managers, state monitors
Status: in_force

or receivers – Nursing Facility Administrative Penalties Fund.

A. The Oklahoma Health Care Authority shall amend the state

Medicaid plan to provide a funding source for payment of temporary

managers, state monitors or receivers in facilities certified to

provide long-term care services under Medicaid, upon request of the

State Department of Health, pursuant to 42 U.S.C.A., Section

1396r(h)(z).

Oklahoma Statutes - Title 63. Public Health and Safety Page 677

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

fund for the State Department of Health to be designated the

“Nursing Facility Administrative Penalties Fund”. The fund shall be

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

consist of all monies received by the State Department of Health

from administrative penalties imposed under the Nursing Home Care

Act. Monies collected as a result of administrative penalties

imposed under the Nursing Home Care Act shall be deposited into the

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

appropriated and may be budgeted and expended by the Department for

the protection of health or property of residents of nursing and

specialized nursing facilities that have been placed under temporary

managers, state monitors or receivers requested by the Department,

including, but not limited to, the following purposes:

1. Relocation expenses incurred by the Department, in the event

of closure of a facility;

2. Maintenance of facility operation pending correction of

deficiencies or closure, such as temporary management, state monitor

or receivership, in the event that the revenues of the facility are

insufficient; or

3. The costs associated with informational meetings held by the

Department with residents, family members, and interested parties in

an affected community where the Department proceeds with appointment

of a temporary manager, state monitor or receivership petition.
Okla. Stat. tit. 63, § 63-3206 — OK Code / Title 63 / Section 63-3206
Children's Hospital - General hospital and service
Status: in_force

institution for certain persons.

Oklahoma Children's Hospital shall serve as a general hospital

and service institution for persons under twenty-one (21) years of

age and shall have the authority to extend services to persons

twenty-one (21) years or older.
Okla. Stat. tit. 63, § 63-1-1963 — OK Code / Title 63 / Section 63-1-1963
State Department of Health - Powers and duties - Rules
Status: in_force

and regulations for investigation and hearing of complaints.

A. The State Department of Health shall have the power and duty

to:

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

deny renewal of licenses for agencies, and issue, renew, deny,

modify, suspend and revoke certificates and deny renewal of

certificates for home health aides pursuant to the provisions of the

Home Care Act;

2. Establish and enforce qualifications, standards and

requirements for licensure of home care agencies and certification

of home health aides; provided, nothing in this paragraph shall be

construed as to require a hospice to employ a home health aide as a

condition of licensure;

3. Issue or renew a license to establish or operate a home care

agency if the Department determines that the agency meets the

requirements of or is accredited or certified by one of the

following accrediting or certifying organizations or programs. In

addition, the accredited home care agency through this paragraph

will not be subject to an inspection or examination by the

Department unless necessary to investigate complaints under

subsection B of this section:

a. Title XVIII or XIX of the federal Social Security Act,

Oklahoma Statutes - Title 63. Public Health and Safety Page 787

b. the Joint Commission on Accreditation of Healthcare

Organizations/Home Care Accreditation Services

(JCAHO),

c. the Community Health Accreditation Program of the

National League for Nursing (CHAP), or

d. the Accreditation Commission for Health Care (ACHC);

4. Establish and maintain a registry of certified home health

aides;

5. Enter any home care agency when reasonably necessary for the

sole purpose of inspecting and investigating conditions of the

agency for compliance with the provisions of the Home Care Act, or

compliance with the standards and requirements for licensure or

certification developed by the Department pursuant to the provisions

of the Home Care Act;

6. Establish administrative penalties for violations of the

provisions of the Home Care Act; and

7. Exercise all incidental powers as necessary and proper for

the administration of the Home Care Act.

B. 1. The State Board of Health shall promulgate rules

necessary for the investigation and hearing of complaints regarding

a home care agency or home health aide.

2. The Department shall establish procedures for receipt and

investigation of complaints regarding a home care agency or home

health aide.

3. A complaint regarding a home care agency or home health aide

shall not be made public unless a completed investigation

substantiates the violations alleged in the complaint.Oklahoma Statutes - Title 63. Public Health and Safety Page 25

Oklahoma Statutes - Title 63. Public Health and Safety Page 26
Okla. Stat. tit. 63, § 63-683.4 — OK Code / Title 63 / Section 63-683.4
Oklahoma Department of Emergency Management – Powers and
Status: in_force

duties of Director.

A. There is hereby created the Oklahoma Department of Emergency

Management (OEM). The Governor shall appoint a Director of the

Department, with the advice and consent of the Senate, who shall be

the head of the Department. The Governor shall fix the salary of

the Director, in cooperation with standards promulgated by the

Office of Management and Enterprise Services.

B. The Director may employ personnel and fix their compensation

in cooperation with standards promulgated by the Office of

Management and Enterprise Services, and may make such expenditures

within the appropriation therefor, or from such other available

funds as may be necessary to carry out the purposes of the Oklahoma

Emergency Management Act of 2003 and other programs specified by

law.

C. The Director and other personnel of the Department shall be

provided with appropriate office space, furniture, equipment,

supplies, stationery, and printing in the same manner as provided

for personnel of other state agencies.

D. The Director, subject to the direction and control of the

Governor, shall be the executive head of the Department and shall

serve as the chief advisor to the Governor on emergency management

and shall:

1. Be responsible to the Governor for carrying out the programs

as required by law;

2. Coordinate the activities of all organizations for emergency

management within the state;

3. Maintain liaison with and cooperate with the emergency

management agencies and organizations of other states and of the

federal government;

4. Develop and maintain a comprehensive all-hazards mitigation

plan for this state;

5. Implement the Oklahoma Hazard Mitigation Program;

6. Have such additional authority, duties, and responsibilities

authorized by the Oklahoma Emergency Management Act of 2003 and as

may be prescribed by the Governor;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1223

7. Supervise the Office of Volunteerism in accordance with

Section 683.26 of this title; and

8. Report quarterly to the Governor, the Speaker of the House of

Representatives and the President Pro Tempore of the Senate the

balance and outstanding obligations of the State Emergency Fund.

E. The Director shall supervise the formulation, execution,

review and revisions of the state Emergency Operations Plan as

provided for by Section 683.2 of this title. The plan shall be

reviewed annually and revised as necessary.
Okla. Stat. tit. 63, § 63-5028.1 — OK Code / Title 63 / Section 63-5028.1
Request for information for care coordination models
Status: in_force

for newborns through children 18 years of age.

A. The Oklahoma Health Care Authority, with assistance from the

Department of Human Services and the Department of Mental Health and

Substance Abuse Services, shall initiate a request for information

for care coordination models for newborns through children eighteen

(18) years of age in the custody of the Department of Human

Services.

B. Any request for information shall require consideration of

and incorporate efforts to continue the implementation of relevant

initiatives as provided by the Master Settlement Agreement

("Pinnacle Plan") and administered by the Department of Human

Services.

C. The Oklahoma Health Care Authority, with assistance from the

Department of Human Services and the Department of Mental Health and

Substance Abuse Services, shall provide a summary of the request for

information responses to the President Pro Tempore of the Oklahoma

State Senate, the Speaker of the Oklahoma House of Representatives

and the Governor on or before January 1, 2018.

D. The Oklahoma Health Care Authority Board shall promulgate

rules to implement the provisions of this section.A. The Oklahoma Health Care Authority shall coordinate with domestic violence sexual assault

programs certified by the Office of the Attorney General who provide counseling services for

victims of domestic violence to ensure that any information relating to billing or explanation of

benefits (EOB) provided, maintained, monitored or otherwise handled by the Authority or any

other state agency including, but not limited to, services rendered by such facilities, is not sent by
Okla. Stat. tit. 63, § 63-1-1953.4 — OK Code / Title 63 / Section 63-1-1953.4
Renumbered as § 1-1956.4 of this title by Laws 2020,
Status: in_force

c. 39, § 10, eff. Nov. 1, 2020.
Okla. Stat. tit. 63, § 63-3241.4 — OK Code / Title 63 / Section 63-3241.4
Supplemental Hospital Offset Payment Program Fund
Status: in_force

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

fund to be designated the "Supplemental Hospital Offset Payment

Program Fund".

B. The fund shall be a continuing fund, not subject to fiscal

year limitations, be interest bearing and consisting of:

1. All monies received by the Oklahoma Health Care Authority

from eligible hospitals pursuant to the Supplemental Hospital Offset

Payment Program Act and otherwise specified or authorized by law;

2. Any interest or penalties levied and collected in

conjunction with the administration of this section; and

3. All interest attributable to investment of money in the

fund.

C. The Oklahoma Health Care Authority is authorized to transfer

each fiscal quarter from the Supplemental Hospital Offset Payment

Program Fund to the Authority's Medical Payments Cash Management

Improvement Act Programs Disbursing Fund all funds remaining after

accounting for the provisions of subparagraphs a and b of paragraph

1 of subsection C of Section 3241.3 of this title.

D. Notice of Assessment.

1. The Authority shall send an annual notice of assessment to

each eligible hospital informing the hospital of the assessment

rate, the net hospital patient revenue calculation, and the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1550

assessment amount owed by the eligible hospital for the applicable

year.

2. The annual notice of assessment shall be sent to each

eligible hospital at least thirty (30) days before the due date for

the first quarterly assessment payment of each year.

3. The first notice of assessment shall be sent within forty-

five (45) days after receipt by the Authority of notification from

the federal Centers for Medicare and Medicaid Services that the

assessments and payments required under the Supplemental Hospital

Offset Payment Program Act and, if necessary, the waiver granted

under 42 C.F.R., Section 433.68 have been approved.

4. An eligible hospital shall have thirty (30) days from the

date of its receipt of an annual notice of assessment to notify the

Authority of any error in the notice.

5. An eligible hospital that has not been previously licensed

as a hospital in Oklahoma and that commences hospital operations

during a year shall pay the required assessment computed under

subsection E of Section 3241.3 of this title and shall be eligible

for hospital access payments under subsection E of this section on

the date specified in rules promulgated by the Oklahoma Health Care

Authority Board after consideration of input and recommendations of

the Hospital Advisory Committee.

E. Quarterly Notice and Collection.

1. The annual assessment imposed under subsections A and C of

Section 3241.3 of this title shall be due and payable on a quarterly

basis. However, the first quarterly payment of an annual assessment

shall not be due and payable until:

a. the Authority issues written notice stating that the

annual assessment and payment methodologies required

under the Supplemental Hospital Offset Payment Program

Act have been approved by the federal Centers for

Medicare and Medicaid Services and, if necessary, the

waiver under 42 C.F.R., Section 433.68 has been

granted by the federal Centers for Medicare and

Medicaid Services,

b. the thirty-day verification period required by

paragraph 4 of subsection D of this section has

expired, and

c. the Authority issues a notice of assessment giving a

due date for the first quarterly payment.

2. After the first quarterly payment of an annual assessment

has been paid under this section, each subsequent quarterly payment

shall be due and payable by the fifteenth day of the first month of

the applicable quarter.

3. If an eligible hospital fails to pay a quarterly payment

timely and in full, the eligible hospital shall pay the Authority:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1551

a. a penalty fee equal to five percent (5%) of the

eligible hospital's unpaid quarterly payment, and

b. if the quarterly payment and penalty fee are not paid

in full by the end of the quarter, an additional

penalty fee of five percent (5%) of the eligible

hospital's unpaid quarterly payment.

4. The quarterly payment including applicable penalty fees must

be paid regardless of any administrative review requested by the

eligible hospital. If an eligible hospital fails to pay the

Authority the assessment within the time frames noted on the invoice

to the eligible hospital, the assessment, applicable penalty fees,

and interest will be deducted from the facility's payment. Any

change in payment amount resulting from an appeals decision will be

adjusted in future payments.

F. Medicaid Hospital Access Payments.

1. To preserve the quality and improve access to hospital

inpatient and outpatient services, the Authority shall make hospital

access payments to eligible hospitals and critical access hospitals

to supplement reimbursements for inpatient and outpatient services

that are provided through Medicaid on both a fee-for-service and

managed care basis.

2. On an annual basis prior to the start of each calendar year,

the Authority shall determine:

a. the upper payment limit gap for inpatient services

payable on a Medicaid fee-for-service basis for all

hospitals,

b. the upper payment limit gap for outpatient services

payable on a Medicaid fee-for-service basis for all

hospitals,

c. the managed care gap for inpatient services payable

through Medicaid managed care for all hospitals, and

d. the managed care gap for outpatient services payable

through Medicaid managed care for all hospitals.

3. In accordance with subsection C of Section 3241.3 of this

title, the Authority shall use assessment fees for the purposes of

accessing federal matching funds to make hospital access payments to

eligible hospitals and the critical access hospitals described in

paragraph 5 of subsection B of Section 3241.3 of this title.

Hospital access payments shall be made through supplemental payment

arrangements for services provided on a Medicaid fee-for-service

basis and through directed payment arrangements for services

provided on a Medicaid managed care basis, as approved by the

federal Centers for Medicare and Medicaid Services.

4. Hospital access payments shall be determined annually and

paid quarterly from the following funding pools:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1552

a. a hospital inpatient fee-for-service payment pool

established from funds derived from the upper payment

limit gap for inpatient services,

b. a hospital inpatient managed care payment pool

established from funds derived from the managed care

gap for inpatient services,

c. a hospital outpatient fee-for-service payment pool

established from funds derived from the upper payment

limit gap for outpatient services,

d. a hospital outpatient managed care payment pool

established from funds derived from the managed care

gap for outpatient services, and

e. (1) A critical access hospital payment pool

established from funds transferred from each pool

established in subparagraphs a through d of this

paragraph.

(2) Prior to the start of each calendar year, the

Authority shall determine an estimated amount

that each critical access hospital may be

entitled to receive for providing Medicaid

services, not to exceed that critical access

hospital's billed charges.

(3) The Authority shall fund the critical access

hospital payment pool in an amount equal to the

total estimated amount that all critical access

hospitals may be entitled to receive for

providing Medicaid services, as calculated in

division 2 of this subparagraph.

(4) The Authority shall consult with the Committee

regarding the calculations in divisions 2 and 3

of this subparagraph.

(5) The Authority shall fully fund the critical

access hospital payment pool prior to issuing any

payment from the pools established in

subparagraphs a through d of this paragraph.

5. In addition to any other funds paid to eligible hospitals

for inpatient hospital services to Medicaid patients, each eligible

hospital shall receive hospital access payments each quarter from

the hospital inpatient fee-for-service payment pool and the hospital

inpatient managed care payment pool in accordance with the following

methodologies:

a. the amount an eligible hospital shall receive from the

hospital inpatient fee-for-service payment pool shall

be the eligible hospital's pro rata share of the

hospital inpatient fee-for-service payment pool

calculated as the eligible hospital's total fee-for-

service Medicaid payments for inpatient services

Oklahoma Statutes - Title 63. Public Health and Safety Page 1553

divided by the total Medicaid fee-for-service payments

for inpatient services of all eligible hospitals.

Each quarterly payment from the hospital inpatient

fee-for-service payment pool shall be paid to the

eligible hospital through a supplemental payment.

Prior to the start of a calendar year, the Authority

shall consult with the Committee to minimize potential

payment disparities to protect access to rural and

independent hospitals, and

b. an eligible hospital shall receive from the hospital

inpatient managed care payment pool a per-discharge

uniform add-on amount to be applied to each eligible

hospital's Medicaid managed care discharges for that

calendar year. The per-discharge uniform add-on

amount shall be calculated by dividing the managed

care gap by total managed care inpatient discharges at

eligible hospitals contained in the data used to

calculate the managed care gap. To assure timely

payment, the Authority may make the calculation in

this subparagraph using good-faith reasonable

estimates if complete data does not exist or is not

available. Each quarterly payment from the hospital

inpatient managed care payment pool shall be paid to

the eligible hospital through a directed payment.

6. In addition to any other funds paid to eligible hospitals

for outpatient hospital services to Medicaid patients, each eligible

hospital shall receive hospital access payments each quarter from

the hospital outpatient fee-for-service payment pool and the

hospital outpatient managed care payment pool in accordance with the

following methodologies:

a. the amount an eligible hospital shall receive from the

hospital outpatient fee-for-service payment pool shall

be the eligible hospital's pro rata share of the

hospital's outpatient fee-for-service payment pool

calculated as the eligible hospital's total fee-for-

service Medicaid payments for outpatient services

divided by the total Medicaid fee-for-service payments

for outpatient services of all eligible hospitals.

Each quarterly payment from the hospital outpatient

fee-for-service payment pool shall be paid to the

eligible hospital through a supplemental payment, and

b. an eligible hospital shall receive from the hospital

outpatient managed care payment pool a uniform

percentage add-on amount to be applied to the base

rate claims payments for hospital outpatient Medicaid

managed care encounters at eligible hospitals for that

calendar year. The uniform percentage add-on amount

Oklahoma Statutes - Title 63. Public Health and Safety Page 1554

shall be calculated by dividing the managed care gap

by total managed care base rate claims payments for

eligible hospitals within the data used to calculate

the managed care gap. To assure timely payment, the

Authority may make the calculation in this

subparagraph using good-faith reasonable estimates if

complete data does not exist or is not available.

Each quarterly payment from the hospital outpatient

managed care payment pool shall be paid to the

eligible hospital through a directed payment.

7. In addition to any other funds paid to critical access

hospitals for inpatient and outpatient hospital services to Medicaid

patients, each critical access hospital physically located in this

state shall receive hospital access payments each quarter from the

critical access hospital payment pool as follows:

a. each calendar year, a critical access hospital shall

receive from the critical hospital payment pool

quarterly amounts that shall total the estimated

amount the Authority calculated, not to exceed billed

charges, for that critical access hospital in

accordance with paragraph 4 of this subsection,

b. the quarterly hospital access payments made to each

critical access hospital shall be through supplemental

payments and directed payments in such proportions as

necessary for the Authority to make the total hospital

access payments to each critical access hospital in

accordance with subparagraph a of this paragraph, and

c. in the event Medicaid managed care is not implemented

on a statewide basis, the Authority shall make

supplemental payments to critical access hospitals to

achieve one hundred one percent (101%) of Medicare's

critical access hospitals' costs and a directed

payment shall not be made.

8. The Authority shall pay each quarterly hospital access

payment referenced in paragraph 4 of this subsection within fourteen

(14) calendar days of the date on which each quarterly payment of an

annual assessment is due as required in subsection E of this

section.

9. In processing directed payments through contracted entities,

the following requirements shall apply:

a. the Authority shall provide each contracted entity

with a listing of the hospital access payments to be

paid by each contracted entity to each eligible

hospital and critical access hospital in accordance

with this subsection,

b. a contracted entity shall pay hospital access payments

to eligible hospitals and critical access hospitals

Oklahoma Statutes - Title 63. Public Health and Safety Page 1555

within five (5) business days of receiving a

supplemental capitation payment from the Authority,

c. a contracted entity is prohibited from withholding or

delaying the payment of a hospital access payment for

any reason, and

d. the Authority shall utilize administrative discretion

regarding the mechanisms of payment that may be

necessary to assure that each eligible hospital and

critical access hospital receives full payment of all

hospital access payments to which it is entitled

pursuant to this subsection.

10. A hospital access payment shall not be used to offset any

other payment for hospital inpatient or outpatient services to

Medicaid beneficiaries including without limitation any fee-for-

service, managed care, per diem, private hospital inpatient

adjustment, or cost-settlement payment.

11. Notwithstanding any other provision of law to the contrary:

a. the supplemental payment programs in this section

shall not be implemented if federal financial

participation is not available or if the provider

assessment waiver is not approved,

b. an eligible hospital's obligation to pay the portion

of the assessment attributable to the nonfederal share

of the upper payment limit gap and the nonfederal

share of the managed care gap as required by Section

3241.3 of this title and this section shall be reduced

in the event the federal Centers for Medicare and

Medicaid Services determines that federal financial

participation is not available to make hospital access

payments in accordance with this section. The

assessment on eligible hospitals shall be reduced to a

percentage that permits the Authority to obtain from

eligible hospitals an amount of nonfederal matching

funds for which federal financial participation is

available to implement any portion of hospital access

payments that the federal Centers for Medicare and

Medicaid Services approves, and

c. any assessments received by the Authority that cannot

be matched with federal funds shall be returned pro

rata to the eligible hospitals that paid the

assessments.

12. If the federal Centers for Medicare and Medicaid Services

disallows any hospital access payments made pursuant to this section

on the basis that such payments exceed the maximum allowable under

federal law, each hospital receiving such disallowed payments shall

refund to the Authority an amount equal to that hospital's pro rata

share of the recouped federal funds that is proportionate to the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1556

hospital's positive contribution to the disallowed payment. The

refund shall be required only if the disallowance is considered

final and all appeals have been exhausted.

G. All monies accruing to the credit of the Supplemental

Hospital Offset Payment Program Fund are hereby appropriated and

shall be budgeted and expended by the Authority after consideration

of the input and recommendation of the Hospital Advisory Committee.

1. Monies in the Supplemental Hospital Offset Payment Program

Fund shall be used for:

a. transfers to the Medical Payments Cash Management

Improvement Act Programs Disbursing Fund for the state

share of supplemental or directed payments or both for

Medicaid and SCHIP inpatient and outpatient services

to hospitals that participate in the assessment,

b. transfers to the Medical Payments Cash Management

Improvement Act Programs Disbursing Fund for the state

share of supplemental or directed payments or both for

critical access hospitals,

c. transfers to the Administrative Revolving Fund for the

state share of payment of administrative expenses

incurred by the Authority or its agents and employees

in performing the activities authorized by the

Supplemental Hospital Offset Payment Program Act but

not more than Two Hundred Thousand Dollars

($200,000.00) each year,

d. transfers to the Medical Payments Cash Management

Improvement Act Programs Disbursing Fund each fiscal

quarter in accordance with subsection C of Section

3241.3 of this title, and

e. the reimbursement of monies collected by the Authority

from hospitals through error or mistake in performing

the activities authorized under the Supplemental

Hospital Offset Payment Program Act.

2. The Authority shall pay from the Supplemental Hospital

Offset Payment Program Fund quarterly installment payments to

hospitals as set forth in this section.

3. Monies in the Supplemental Hospital Offset Payment Program

Fund shall not be used to replace other general revenues

appropriated and funded by the Legislature or other revenues used to

support Medicaid.

4. The Supplemental Hospital Offset Payment Program Fund and

the program specified in the Supplemental Hospital Offset Payment

Program Act are exempt from budgetary reductions or eliminations

caused by the lack of general revenue funds or other funds

designated for or appropriated to the Authority.

5. No hospital shall be guaranteed, expressly or otherwise,

that any additional costs reimbursed to the facility will equal or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1557

exceed the amount of the supplemental hospital offset payment

program fee paid by the hospital.

H. After considering input and recommendations from the

Hospital Advisory Committee, the Oklahoma Health Care Authority

Board shall promulgate rules that:

1. Allow for an appeal of the annual assessment of the

Supplemental Hospital Offset Payment Program payable under the

Supplemental Hospital Offset Payment Program Act; and

2. Allow for an appeal of an assessment of any fees or

penalties determined.
Okla. Stat. tit. 63, § 63-2-104.1 — OK Code / Title 63 / Section 63-2-104.1
Oklahoma State Bureau of Narcotics and Dangerous Drugs
Status: in_force

Control Commission.

A. There is hereby created an Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control Commission which shall consist

of seven (7) members, not more than two of whom shall be from the

same congressional district. However, when congressional districts

are redrawn, each member appointed prior to July 1 of the year in

which such modification becomes effective shall complete the current

term of office and appointments made after July 1 of the year in

which such modification becomes effective shall be based on the

redrawn districts. No appointments may be made after July 1 of the

year in which such modification becomes effective if such

appointment would result in more than two members serving from the

same modified district. The members shall be appointed by the

Governor and confirmed by the Senate and shall be removable only for

cause, as provided by law for the removal of officers not subject to

impeachment. The term of office of each member shall be seven (7)

years. The first appointments shall be for the following terms as

designated by the Governor: one member for a term of one (1) year;

one member for a term of two (2) years; one member for a term of

three (3) years; one member for a term of four (4) years; one member

for a term of five (5) years; one member for a term of six (6)

years; and one member for a term of seven (7) years. A member may

serve more than one term on the Commission. Each member shall

continue to serve so long as the member is qualified until a

successor has been appointed and confirmed by the Senate. Vacancies

Oklahoma Statutes - Title 63. Public Health and Safety Page 894

occurring during a term shall be filled for the unexpired portion of

the term by the same procedure used to make the regular

appointments.

B. Four of the members shall represent the lay citizenry, one

member shall be a district attorney while serving in that capacity,

one member shall be a sheriff while serving in that capacity, and

one member shall be a chief of police while serving in that

capacity; provided that the sheriff and police chief members shall

have successfully completed an approved course of instruction for

peace officers as required by law.

C. Annually the Commission shall select one of the Commission

members to serve as chair and one member to serve as vice-chair.

The Commission shall meet at least quarterly. The chair shall

preside at all meetings of the Commission and shall have the power

to call meetings of the Commission. In addition, meetings of the

Commission may be called by a majority of the members. The vice-

chair shall perform these functions in the absence or incapacity of

the chair. A quorum of four members of the Commission shall be

necessary to conduct any official business. All actions taken by

the Commission shall be by a simple majority vote of a quorum. In

the event of a tie vote, the measure being voted upon shall be

deemed to have failed.

The Commission shall adopt rules of procedure for the orderly

performance of its functions.

D. Members of the Commission shall serve without salary but may

be reimbursed for travel expenses in attending meetings and

performing their duties in the manner provided for other state

officers and employees under the State Travel Reimbursement Act. No

other provisions of law shall be construed as prohibiting public

officers from also serving as members of the Commission, nor shall

any other provisions of law be construed as prohibiting public

officers or public employees from performing services for the

Commission without compensation. It is further provided that no

town, city, county, or other subdivision or other agency of state

government shall be prohibited from receiving a grant or from

benefiting from grants or expenditures of the Commission for the

reason that an officer or employee of such town, city, county, or

other subdivision or agency of state government is a Commission

member or employee.

E. The Commission shall have the following powers and duties

and responsibilities:

1. To appoint the Director of the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control, whose compensation shall be

determined by the Legislature.

2. To hear any complaint against the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control or any of its employees

according to the following procedure:

Oklahoma Statutes - Title 63. Public Health and Safety Page 895

a. Only those complaints which have been submitted in

writing and are signed will be acted upon by the

Commission.

b. All hearings on complaints shall be conducted in

executive sessions, and shall not be open to the

public.

c. The Commission shall have limited access to pertinent

investigative files when investigating a complaint.

The Director shall provide a procedure whereby the

identification of all persons named in any

investigative file except the subject of the complaint

and the complaining witness shall not be revealed to

the members of the Commission. Any consideration of

files shall be in executive session not open to the

public. No information or evidence received in

connection with the hearings shall be revealed to any

person or agency. Any violation hereof shall be

grounds for removal from the Commission, and shall

constitute a misdemeanor.

3. To make recommendations to the Director of any needed

disciplinary action necessary as a result of an investigation

conducted upon a complaint received.

4. To establish general procedures with regard to assisting law

enforcement officers and district attorneys.

5. To establish a program of training for agents utilizing such

courses as the National Police Academy conducted by the Federal

Bureau of Investigation.
Okla. Stat. tit. 63, § 63-1-1925.2 — OK Code / Title 63 / Section 63-1-1925.2
Reimbursements from Nursing Facility Quality of Care
Status: in_force

Fund - Staffing ratios - Name and title posting - Rule promulgation

- Appeal - Nursing Facility Funding Advisory Committee.

A. The Oklahoma Health Care Authority shall fully recalculate

and reimburse nursing facilities and Intermediate Care Facilities

for Individuals with Intellectual Disabilities (ICFs/IID) from the

Nursing Facility Quality of Care Fund beginning October 1, 2000, the

average actual, audited costs reflected in previously submitted cost

reports for the cost-reporting period that began July 1, 1998, and

ended June 30, 1999, inflated by the federally published

inflationary factors for the two (2) years appropriate to reflect

present-day costs at the midpoint of the July 1, 2000, through June

30, 2001, rate year.

1. The recalculations provided for in this subsection shall be

consistent for both nursing facilities and Intermediate Care

Facilities for Individuals with Intellectual Disabilities

(ICFs/IID).

2. The recalculated reimbursement rate shall be implemented

September 1, 2000.

B. 1. From September 1, 2000, through August 31, 2001, all

nursing facilities subject to the Nursing Home Care Act, in addition

to other state and federal requirements related to the staffing of

nursing facilities, shall maintain the following minimum direct-

care-staff-to-resident ratios:

a. from 7:00 a.m. to 3:00 p.m., one direct-care staff to

every eight residents, or major fraction thereof,

b. from 3:00 p.m. to 11:00 p.m., one direct-care staff to

every twelve residents, or major fraction thereof, and

c. from 11:00 p.m. to 7:00 a.m., one direct-care staff to

every seventeen residents, or major fraction thereof.

2. From September 1, 2001, through August 31, 2003, nursing

facilities subject to the Nursing Home Care Act and Intermediate

Care Facilities for Individuals with Intellectual Disabilities

(ICFs/IID) with seventeen or more beds shall maintain, in addition

to other state and federal requirements related to the staffing of

nursing facilities, the following minimum direct-care-staff-to-

resident ratios:

Oklahoma Statutes - Title 63. Public Health and Safety Page 714

a. from 7:00 a.m. to 3:00 p.m., one direct-care staff to

every seven residents, or major fraction thereof,

b. from 3:00 p.m. to 11:00 p.m., one direct-care staff to

every ten residents, or major fraction thereof, and

c. from 11:00 p.m. to 7:00 a.m., one direct-care staff to

every seventeen residents, or major fraction thereof.

3. On and after October 1, 2019, nursing facilities subject to

the Nursing Home Care Act and Intermediate Care Facilities for

Individuals with Intellectual Disabilities (ICFs/IID) with seventeen

or more beds shall maintain, in addition to other state and federal

requirements related to the staffing of nursing facilities, the

following minimum direct-care-staff-to-resident ratios:

a. from 7:00 a.m. to 3:00 p.m., one direct-care staff to

every six residents, or major fraction thereof,

b. from 3:00 p.m. to 11:00 p.m., one direct-care staff to

every eight residents, or major fraction thereof, and

c. from 11:00 p.m. to 7:00 a.m., one direct-care staff to

every fifteen residents, or major fraction thereof.

4. Effective immediately, facilities shall have the option of

varying the starting times for the eight-hour shifts by one (1) hour

before or one (1) hour after the times designated in this section

without overlapping shifts.

5. a. On and after January 1, 2020, a facility may implement

twenty-four-hour-based staff scheduling; provided,

however, such facility shall continue to maintain a

direct-care service rate of at least two and nine

tenths (2.9) hours of direct-care service per resident

per day, the same to be calculated based on average

direct care staff maintained over a twenty-four-hour

period.

b. At no time shall direct-care staffing ratios in a

facility with twenty-four-hour-based staff-scheduling

privileges fall below one direct-care staff to every

fifteen residents or major fraction thereof, and at

least two direct-care staff shall be on duty and awake

at all times.

c. As used in this paragraph, "twenty-four-hour-based-

scheduling" means maintaining:

(1) a direct-care-staff-to-resident ratio based on

overall hours of direct-care service per resident

per day rate of not less than two and ninety one-

hundredths (2.90) hours per day,

(2) a direct-care-staff-to-resident ratio of at least

one direct-care staff person on duty to every

fifteen residents or major fraction thereof at

all times, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 715

(3) at least two direct-care staff persons on duty

and awake at all times.

6. a. On and after January 1, 2004, the State Department of

Health shall require a facility to maintain the shift-

based, staff-to-resident ratios provided in paragraph

3 of this subsection if the facility has been

determined by the Department to be deficient with

regard to:

(1) the provisions of paragraph 3 of this subsection,

(2) fraudulent reporting of staffing on the Quality

of Care Report, or

(3) a complaint or survey investigation that has

determined substandard quality of care as a

result of insufficient staffing.

b. The Department shall require a facility described in

subparagraph a of this paragraph to achieve and

maintain the shift-based, staff-to-resident ratios

provided in paragraph 3 of this subsection for a

minimum of three (3) months before being considered

eligible to implement twenty-four-hour-based staff

scheduling as defined in subparagraph c of paragraph 5

of this subsection.

c. Upon a subsequent determination by the Department that

the facility has achieved and maintained for at least

three (3) months the shift-based, staff-to-resident

ratios described in paragraph 3 of this subsection,

and has corrected any deficiency described in

subparagraph a of this paragraph, the Department shall

notify the facility of its eligibility to implement

twenty-four-hour-based staff-scheduling privileges.

7. a. For facilities that utilize twenty-four-hour-based

staff-scheduling privileges, the Department shall

monitor and evaluate facility compliance with the

twenty-four-hour-based staff-scheduling staffing

provisions of paragraph 5 of this subsection through

reviews of monthly staffing reports, results of

complaint investigations and inspections.

b. If the Department identifies any quality-of-care

problems related to insufficient staffing in such

facility, the Department shall issue a directed plan

of correction to the facility found to be out of

compliance with the provisions of this subsection.

c. In a directed plan of correction, the Department shall

require a facility described in subparagraph b of this

paragraph to maintain shift-based, staff-to-resident

ratios for the following periods of time:

Oklahoma Statutes - Title 63. Public Health and Safety Page 716

(1) the first determination shall require that shift-

based, staff-to-resident ratios be maintained

until full compliance is achieved,

(2) the second determination within a two-year period

shall require that shift-based, staff-to-resident

ratios be maintained for a minimum period of

twelve (12) months, and

(3) the third determination within a two-year period

shall require that shift-based, staff-to-resident

ratios be maintained. The facility may apply for

permission to use twenty-four-hour staffing

methodology after two (2) years.

C. Effective September 1, 2002, facilities shall post the names

and titles of direct-care staff on duty each day in a conspicuous

place, including the name and title of the supervising nurse.

D. The State Commissioner of Health shall promulgate rules

prescribing staffing requirements for Intermediate Care Facilities

for Individuals with Intellectual Disabilities serving six or fewer

clients (ICFs/IID-6) and for Intermediate Care Facilities for

Individuals with Intellectual Disabilities serving sixteen or fewer

clients (ICFs/IID-16).

E. Facilities shall have the right to appeal and to the

informal dispute resolution process with regard to penalties and

sanctions imposed due to staffing noncompliance.

F. 1. When the state Medicaid program reimbursement rate

reflects the sum of Ninety-four Dollars and eleven cents ($94.11),

plus the increases in actual audited costs over and above the actual

audited costs reflected in the cost reports submitted for the most

current cost-reporting period and the costs estimated by the

Oklahoma Health Care Authority to increase the direct-care, flexible

staff-scheduling staffing level from two and eighty-six one-

hundredths (2.86) hours per day per occupied bed to three and two-

tenths (3.2) hours per day per occupied bed, all nursing facilities

subject to the provisions of the Nursing Home Care Act and

Intermediate Care Facilities for Individuals with Intellectual

Disabilities (ICFs/IID) with seventeen or more beds, in addition to

other state and federal requirements related to the staffing of

nursing facilities, shall maintain direct-care, flexible staff-

scheduling staffing levels based on an overall three and two-tenths

(3.2) hours per day per occupied bed.

2. When the state Medicaid program reimbursement rate reflects

the sum of Ninety-four Dollars and eleven cents ($94.11), plus the

increases in actual audited costs over and above the actual audited

costs reflected in the cost reports submitted for the most current

cost-reporting period and the costs estimated by the Oklahoma Health

Care Authority to increase the direct-care flexible staff-scheduling

staffing level from three and two-tenths (3.2) hours per day per

Oklahoma Statutes - Title 63. Public Health and Safety Page 717

occupied bed to three and eight-tenths (3.8) hours per day per

occupied bed, all nursing facilities subject to the provisions of

the Nursing Home Care Act and Intermediate Care Facilities for

Individuals with Intellectual Disabilities (ICFs/IID) with seventeen

or more beds, in addition to other state and federal requirements

related to the staffing of nursing facilities, shall maintain

direct-care, flexible staff-scheduling staffing levels based on an

overall three and eight-tenths (3.8) hours per day per occupied bed.

3. When the state Medicaid program reimbursement rate reflects

the sum of Ninety-four Dollars and eleven cents ($94.11), plus the

increases in actual audited costs over and above the actual audited

costs reflected in the cost reports submitted for the most current

cost-reporting period and the costs estimated by the Oklahoma Health

Care Authority to increase the direct-care, flexible staff-

scheduling staffing level from three and eight-tenths (3.8) hours

per day per occupied bed to four and one-tenth (4.1) hours per day

per occupied bed, all nursing facilities subject to the provisions

of the Nursing Home Care Act and Intermediate Care Facilities for

Individuals with Intellectual Disabilities (ICFs/IID) with seventeen

or more beds, in addition to other state and federal requirements

related to the staffing of nursing facilities, shall maintain

direct-care, flexible staff-scheduling staffing levels based on an

overall four and one-tenth (4.1) hours per day per occupied bed.

4. The Commissioner shall promulgate rules for shift-based,

staff-to-resident ratios for noncompliant facilities denoting the

incremental increases reflected in direct-care, flexible staff-

scheduling staffing levels.

5. In the event that the state Medicaid program reimbursement

rate for facilities subject to the Nursing Home Care Act, and

Intermediate Care Facilities for Individuals with Intellectual

Disabilities (ICFs/IID) having seventeen or more beds is reduced

below actual audited costs, the requirements for staffing ratio

levels shall be adjusted to the appropriate levels provided in

paragraphs 1 through 4 of this subsection.

G. For purposes of this subsection:

1. "Direct-care staff" means any nursing or therapy staff who

provides direct, hands-on care to residents in a nursing facility;

2. Prior to September 1, 2003, activity and social services

staff who are not providing direct, hands-on care to residents may

be included in the direct-care-staff-to-resident ratio in any shift.

On and after September 1, 2003, such persons shall not be included

in the direct-care-staff-to-resident ratio, regardless of their

licensure or certification status; and

3. The administrator shall not be counted in the direct-care-

staff-to-resident ratio regardless of the administrator's licensure

or certification status.

Oklahoma Statutes - Title 63. Public Health and Safety Page 718

H. 1. The Oklahoma Health Care Authority shall require all

nursing facilities subject to the provisions of the Nursing Home

Care Act and Intermediate Care Facilities for Individuals with

Intellectual Disabilities (ICFs/IID) with seventeen or more beds to

submit a monthly report on staffing ratios on a form that the

Authority shall develop.

2. The report shall document the extent to which such

facilities are meeting or are failing to meet the minimum direct-

care-staff-to-resident ratios specified by this section. Such

report shall be available to the public upon request.

3. The Authority may assess administrative penalties for the

failure of any facility to submit the report as required by the

Authority. Provided, however:

a. administrative penalties shall not accrue until the

Authority notifies the facility in writing that the

report was not timely submitted as required, and

b. a minimum of a one-day penalty shall be assessed in

all instances.

4. Administrative penalties shall not be assessed for

computational errors made in preparing the report.

5. Monies collected from administrative penalties shall be

deposited in the Nursing Facility Quality of Care Fund and utilized

for the purposes specified in the Oklahoma Healthcare Initiative

Act.

I. 1. All entities regulated by this state that provide long-

term care services shall utilize a single assessment tool to

determine client services needs. The tool shall be developed by the

Oklahoma Health Care Authority in consultation with the State

Department of Health.

2. a. The Oklahoma Nursing Facility Funding Advisory

Committee is hereby created and shall consist of the

following:

(1) four members selected by the Oklahoma Association

of Health Care Providers,

(2) three members selected by the Oklahoma

Association of Homes and Services for the Aging,

and

(3) two members selected by the State Council on

Aging.

The Chair shall be elected by the committee. No state

employees may be appointed to serve.

b. The purpose of the advisory committee will be to

develop a new methodology for calculating state

Medicaid program reimbursements to nursing facilities

by implementing facility-specific rates based on

expenditures relating to direct care staffing. No

nursing home will receive less than the current rate

Oklahoma Statutes - Title 63. Public Health and Safety Page 719

at the time of implementation of facility-specific

rates pursuant to this subparagraph.

c. The advisory committee shall be staffed and advised by

the Oklahoma Health Care Authority.

d. The new methodology will be submitted for approval to

the Board of the Oklahoma Health Care Authority by

January 15, 2005, and shall be finalized by July 1,

2005. The new methodology will apply only to new

funds that become available for Medicaid nursing

facility reimbursement after the methodology of this

paragraph has been finalized. Existing funds paid to

nursing homes will not be subject to the methodology

of this paragraph. The methodology as outlined in

this paragraph will only be applied to any new funding

for nursing facilities appropriated above and beyond

the funding amounts effective on January 15, 2005.

e. The new methodology shall divide the payment into two

components:

(1) direct care which includes allowable costs for

registered nurses, licensed practical nurses,

certified medication aides and certified nurse

aides. The direct care component of the rate

shall be a facility-specific rate, directly

related to each facility's actual expenditures on

direct care, and

(2) other costs.

f. The Oklahoma Health Care Authority, in calculating the

base year prospective direct care rate component,

shall use the following criteria:

(1) to construct an array of facility per diem

allowable expenditures on direct care, the

Authority shall use the most recent data

available. The limit on this array shall be no

less than the ninetieth percentile,

(2) each facility's direct care base-year component

of the rate shall be the lesser of the facility's

allowable expenditures on direct care or the

limit,

(3) other rate components shall be determined by the

Oklahoma Nursing Facility Funding Advisory

Committee in accordance with federal regulations

and requirements,

(4) prior to July 1, 2020, the Authority shall seek

federal approval to calculate the upper payment

limit under the authority of CMS utilizing the

Medicare equivalent payment rate, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 720

(5) if Medicaid payment rates to providers are

adjusted, nursing home rates and Intermediate

Care Facilities for Individuals with Intellectual

Disabilities (ICFs/IID) rates shall not be

adjusted less favorably than the average

percentage-rate reduction or increase applicable

to the majority of other provider groups.

g. (1) Effective October 1, 2019, if sufficient funding

is appropriated for a rate increase, a new

average rate for nursing facilities shall be

established. The rate shall be equal to the

statewide average cost as derived from audited

cost reports for SFY 2018, ending June 30, 2018,

after adjustment for inflation. After such new

average rate has been established, the facility

specific reimbursement rate shall be as follows:

(a) amounts up to the existing base rate amount

shall continue to be distributed as a part

of the base rate in accordance with the

existing State Plan, and

(b) to the extent the new rate exceeds the rate

effective before the effective date of this

act, fifty percent (50%) of the resulting

increase on October 1, 2019, shall be

allocated toward an increase of the existing

base reimbursement rate and distributed

accordingly. The remaining fifty percent

(50%) of the increase shall be allocated in

accordance with the currently approved 70/30

reimbursement rate methodology as outlined

in the existing State Plan.

(2) Any subsequent rate increases, as determined

based on the provisions set forth in this

subparagraph, shall be allocated in accordance

with the currently approved 70/30 reimbursement

rate methodology. The rate shall not exceed the

upper payment limit established by the Medicare

rate equivalent established by the federal CMS.

h. Effective October 1, 2019, in coordination with the

rate adjustments identified in the preceding section,

a portion of the funds shall be utilized as follows:

(1) effective October 1, 2019, the Oklahoma Health

Care Authority shall increase the personal needs

allowance for residents of nursing homes and

Intermediate Care Facilities for Individuals with

Intellectual Disabilities (ICFs/IID) from Fifty

Dollars ($50.00) per month to Seventy-five

Oklahoma Statutes - Title 63. Public Health and Safety Page 721

Dollars ($75.00) per month per resident. The

increase shall be funded by Medicaid nursing home

providers, by way of a reduction of eighty-two

cents ($0.82) per day deducted from the base

rate. Any additional cost shall be funded by the

Nursing Facility Quality of Care Fund, and

(2) effective January 1, 2020, all clinical employees

working in a licensed nursing facility shall be

required to receive at least four (4) hours

annually of Alzheimer's or dementia training, to

be provided and paid for by the facilities.

3. The Department of Human Services shall expand its statewide

toll-free, Senior-Info Line for senior citizen services to include

assistance with or information on long-term care services in this

state.

4. The Oklahoma Health Care Authority shall develop a nursing

facility cost-reporting system that reflects the most current costs

experienced by nursing and specialized facilities. The Oklahoma

Health Care Authority shall utilize the most current cost report

data to estimate costs in determining daily per diem rates.

5. The Oklahoma Health Care Authority shall provide access to

the detailed Medicaid payment audit adjustments and implement an

appeal process for disputed payment audit adjustments to the

provider. Additionally, the Oklahoma Health Care Authority shall

make sufficient revisions to the nursing facility cost reporting

forms and electronic data input system so as to clarify what

expenses are allowable and appropriate for inclusion in cost

calculations.

J. 1. When the state Medicaid program reimbursement rate

reflects the sum of Ninety-four Dollars and eleven cents ($94.11),

plus the increases in actual audited costs, over and above the

actual audited costs reflected in the cost reports submitted for the

most current cost-reporting period, and the direct-care, flexible

staff-scheduling staffing level has been prospectively funded at

four and one-tenth (4.1) hours per day per occupied bed, the

Authority may apportion funds for the implementation of the

provisions of this section.

2. The Authority shall make application to the United States

Centers for Medicare and Medicaid Service for a waiver of the

uniform requirement on health-care-related taxes as permitted by

Section 433.72 of 42 C.F.R.

3. Upon approval of the waiver, the Authority shall develop a

program to implement the provisions of the waiver as it relates to

all nursing facilities.
Okla. Stat. tit. 63, § 63-2-403 — OK Code / Title 63 / Section 63-2-403
Prohibited acts C - Penalties
Status: in_force

A. Any person found guilty of larceny, burglary or theft of

controlled dangerous substances is guilty of a Class C2 felony

offense punishable by imprisonment as provided for in subsections B

through F of Section 20M of Title 21 of the Oklahoma Statutes. A

second or subsequent offense under this subsection is a Class C2

felony offense punishable by imprisonment as provided for in

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

Statutes. Convictions for second or subsequent violations of this

subsection shall not be subject to statutory provisions for

suspended sentences, deferred sentences or probation.

B. Any person found guilty of robbery or attempted robbery of

controlled dangerous substances from a practitioner, manufacturer,

distributor or agent thereof as defined in Section 2-101 of this

title is guilty of a Class A2 felony offense punishable by

imprisonment for a period of not less than five (5) years, and such

sentence shall not be subject to statutory provisions for suspended

sentences, deferred sentences or probation. A second or subsequent

offense under this subsection is a Class A2 felony offense

punishable by life imprisonment. Convictions for second or

subsequent offenses of this subsection shall not be subject to

statutory provisions for suspended sentences, deferred sentences or

probation.

Oklahoma Statutes - Title 63. Public Health and Safety Page 990
Okla. Stat. tit. 63, § 63-1-534.1 — OK Code / Title 63 / Section 63-1-534.1
State Plan for the Prevention and Treatment of AIDS -
Status: in_force

Lead agency - Submission to Legislature - Preparation.

A. The State Department of Health shall be the lead agency for

the coordination of programs and services related to the Human

Immunodeficiency Virus (HIV).

B. On or before January 1, 1994, the State Department of Health

shall submit a State Plan for the Prevention and Treatment of

Oklahoma Statutes - Title 63. Public Health and Safety Page 231

Acquired Immune Deficiency Syndrome (AIDS) to the Governor, the

President Pro Tempore of the Oklahoma State Senate, the Speaker of

the Oklahoma House of Representatives, the chairmen of the

appropriate committees of the Senate and the House of

Representatives, and the chief executive officer and members of the

governing bodies of each agency affected by the State Plan. Copies

of the State Plan for the Prevention and Treatment of AIDS shall be

available to members of the Oklahoma Legislature and the general

public upon request.

C. The State Plan for the Prevention and Treatment of AIDS

shall be prepared jointly by the State Department of Health, the

Department of Human Services, the State Department of Education, and

the Department of Mental Health and Substance Abuse Services in

collaboration with other appropriate public and private agencies and

organizations.
Okla. Stat. tit. 63, § 63-3240.7 — OK Code / Title 63 / Section 63-3240.7
Annual report
Status: in_force

The Community Hospitals 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

Oklahoma Statutes - Title 63. Public Health and Safety Page 1543

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 the care and

treatment of indigent persons for whom the Authority receives any

form of state or federal reimbursement.
Okla. Stat. tit. 63, § 63-1-1900.1 — OK Code / Title 63 / Section 63-1-1900.1
Long-Term Care Reform and Accountability Act of 2001
Status: in_force

A. This act shall be known and may be cited as the “Long-Term

Care Reform and Accountability Act of 2001”.

B. The purpose of the Long-Term Care Reform and Accountability

Act of 2001 shall be to design, develop and implement policies and

procedures that improve the quality of care provided in this state’s

long-care delivery system for the elderly and disabled. The purpose

of the Long-Term Care Reform and Accountability Act of 2001 shall be

accomplished through a series of initiatives.
Okla. Stat. tit. 63, § 63-1-1432.4 — OK Code / Title 63 / Section 63-1-1432.4
Prohibited products – Labeling requirements – Distribution to minors prohibited –
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 20Distribution to minors prohibited – Test results.

A. A vendor shall not prepare, distribute, sell, or expose for

sale any of the following:

1. A kratom product that does not meet the definition for a

kratom product pursuant to Section 1-1432.2 of this title;

2. A kratom product that is contaminated with a dangerous

nonkratom substance. A kratom product is contaminated with a

dangerous nonkratom substance if the kratom product contains a

substance that is not safe for human consumption;

3. A kratom product containing a level of 7-hydroxymitragynine

in the alkaloid fraction that is greater than one percent (1%) of

the alkaloid composition of the product;

4. A kratom product containing any synthesized alkaloid

including synthesized mitragynine, synthesized 7-hydroxymitragynine

or any other synthesized compounds of the kratom plant;

5. A kratom product containing any controlled substance listed

in the Uniform Controlled Dangerous Substances Act, unless the

product is compounded by a licensed pharmacist with the controlled

substance dispensed in accordance with a valid prescription; or

6. A kratom product containing a level of any residual solvent

that was used in the manufacturing of the extract that exceeds the

residual level specified for pharmaceutical products in the document

“Q3C - Tables and List, Guidance for Industry, (June 2017) ICH

Revision 3” issued by the United States Department of Health and

Human Services, Food and Drug Administration.

B. Kratom products shall be accompanied by a label bearing the

following information prior to its sale in this state:

1. A list of the ingredients, which shall include the common or

usual name of each ingredient used in the manufacture of the

product, listed in descending order of predominance;

2. That the sale or transfer of kratom to a person under

eighteen (18) years of age is prohibited;

3. The amount of total kratom alkaloids, mitragynine, and 7-

hydroxymitragynine contained in the product;

4. The amount of total kratom alkaloids, mitragynine, and 7-

hydroxymitragynine contained in packaging for the product;

5. The name and the principal street address of the vendor or

the person responsible for distributing the product;

6. Any federal food allergen labeling requirements, if

applicable, and clear and adequate directions for the consumption

and safe and effective use of such product, including the

recommended serving size, the number of servings in the container,

and the number of servings that can be safely consumed in a day.

Provided, liquid kratom products shall be packaged in a retail

Oklahoma Statutes - Title 63. Public Health and Safety Page 621

container that has clear serving size markings and be subject to the

following requirements:

a. products of less than eight (8) fluid ounces which

contain more than three servings shall be accompanied

by a calibrated measuring device, and

b. if such a product contains more than the eight (8)

fluid ounces, the requirements specified in

subparagraph a of this paragraph do not apply;

7. Any precautionary statements as to the safety and

effectiveness of the product, including a warning that a consumer

should consult a health care professional on questions about the use

of kratom and that the product may be habit-forming; and

8. A statement that states, “These statements have not been

evaluated by the United States Food and Drug Administration. This

product is not intended to diagnose, treat, cure, or prevent any

disease.”

C. A vendor may not distribute, sell, or expose for sale a

kratom product to an individual under eighteen (18) years of age.

D. Upon request by the State Department of Health, the vendor

shall provide test results from a United States-based testing

facility, that is an independent testing laboratory as defined in

Section 1-1432.2 of this title, to confirm the items listed on the

product label.
Okla. Stat. tit. 63, § 63-6401 — OK Code / Title 63 / Section 63-6401
Governor’s declaration
Status: in_force

A state of catastrophic health emergency may be declared by the

Governor upon the occurrence of a "catastrophic health emergency" as

defined in paragraph 2 of Section 4 of this act. Prior to such a

declaration, the Governor shall consult with the public health

authority and may consult with any additional public health or other

experts as needed.
Okla. Stat. tit. 63, § 63-2817 — OK Code / Title 63 / Section 63-2817
Renumbered as § 2869.5 of this title by Laws 2023, c. 49,
Status: in_force

§ 9, eff. Nov. 1, 2023.
Okla. Stat. tit. 63, § 63-1-1942 — OK Code / Title 63 / Section 63-1-1942
Rules and regulations
Status: in_force

The Department shall have the power to adopt rules and

regulations in furtherance of the purpose of this act.
Okla. Stat. tit. 63, § 63-1-328 — OK Code / Title 63 / Section 63-1-328
Renumbered as § 396.29 of Title 59 by Laws 2003, c. 57,
Status: in_force

§ 31, emerg. eff. April 10, 2003.
Okla. Stat. tit. 63, § 63-5071 — OK Code / Title 63 / Section 63-5071
Medicaid provider enrollment and credentialing process
Status: in_force

The Oklahoma Health Care Authority shall establish and maintain

for providers of Medicaid services:

1. A provider enrollment and credentialing process for

providers who receive fee-for-service reimbursement under the state

Medicaid program; and

2. A single consolidated provider enrollment and credentialing

process, in accordance with subsection D of Section 4002.4 of Title

56 of the Oklahoma Statutes and 42 C.F.R., Section 438.214, for

providers who enter into capitated contracts with contracted

entities under the Ensuring Access to Medicaid Act.
Okla. Stat. tit. 63, § 63-4037.2 — OK Code / Title 63 / Section 63-4037.2
Good cause for not relocating additional dealership for
Status: in_force

same product line - Circumstances considered.

In determining whether good cause has been established for not

entering into or relocating an additional dealership for the same

product line, Service Oklahoma shall take into consideration the

existing circumstances, including, but not limited to:

1. Permanency of the investment of the proposed dealership;

2. Effect on the retail new vessel or new motor business and

the consuming public in the relevant market area;

3. Whether it is injurious to the public welfare for an

additional new vessel or new motor dealership to be established;

4. Whether the new vessel or new motor dealers of the same

line-make in that relevant market area are providing adequate

competition and convenient consumer care for the new vessel or new

motor and service facilities, equipment, supply of new vessel or new

motor parts, and qualified service personnel; and

5. Whether the establishment of an additional new vessel or new

motor dealership would increase competition, and therefore be in the

public interest.
Okla. Stat. tit. 63, § 63-2260 — OK Code / Title 63 / Section 63-2260
Renumbered as § 1-2418 of this title by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff.

Sept. 1, 1990.