Okla. Stat. tit. 63, § 63-427.10 — OK Code / Title 63 / Section 63-427.10
Physicians who may provide a recommendation – Physician
Status: in_force

immunity.

A. Only licensed Oklahoma allopathic, osteopathic and podiatric

physicians may provide a medical marijuana recommendation for a

medical marijuana patient license under the Oklahoma Medical

Marijuana and Patient Protection Act.

B. A physician who has not completed his or her first residency

shall not meet the definition of “physician” under this section and

any recommendation for a medical marijuana patient license shall not

be processed by the Oklahoma Medical Marijuana Authority.

C. No physician shall be subject to arrest, prosecution or

penalty in any manner or denied any right or privilege under state,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1148

municipal or county statute, ordinance or resolution, including

without limitation a civil penalty or disciplinary action by the

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

Osteopathic Examiners, the Board of Podiatric Medical Examiners or

by any other business, occupation or professional licensing board or

bureau, solely for providing a medical marijuana recommendation for

a patient or for monitoring, treating or prescribing scheduled

medication to patients who are medical marijuana licensees. The

provisions of this subsection shall not prevent the relevant

professional licensing boards from sanctioning a physician for

failing to properly evaluate the medical condition of a patient or

for otherwise violating the applicable physician-patient standard of

care.

D. A physician who recommends use of medical marijuana shall

not be located at the same physical address as a licensed medical

marijuana dispensary.

E. If the physician determines the continued use of medical

marijuana by the patient no longer meets the requirements set forth

in the Oklahoma Medical Marijuana and Patient Protection Act, the

physician shall notify the Oklahoma Medical Marijuana Authority and

the license shall be immediately voided without right to an

individual proceeding.

F. The Authority shall create and maintain a registry of

recommending physicians. Beginning January 1, 2026, to be eligible

to provide a medical marijuana recommendation to a licensed patient,

a physician shall be registered with the Authority.

G. To be registered with the Authority, a physician shall

comply with the medical education and continuing medical education

requirements described in this section and shall meet all other

requirements established by law or rule for the recommending

physician’s respective licensure board. The medical education

related to medical marijuana shall be completed prior to the

physician being listed on the registry and shall be completed

annually to remain on the registry.

H. The Executive Director of the Oklahoma Medical Marijuana

Authority shall promulgate rules to establish initial medical

education and continuing medical education requirements for

recommending physicians. The State Board of Medical Licensure and

Supervision, the State Board of Osteopathic Examiners, and the Board

of Podiatric Medical Examiners may consult with the Executive

Director of the Authority to develop or identify a list of approved

medical education courses for recommending physicians.
Okla. Stat. tit. 63, § 63-330.31 — OK Code / Title 63 / Section 63-330.31
Independent audits - Reimbursable cost statements
Status: in_force

The superintendent of each hospital operated by the State of

Oklahoma or any department, commission, agency, or authority thereof

is authorized to employ Certified Public Accountants for the purpose

of conducting an independent audit of such hospital's books and

records and preparing an audit report and reimbursable cost

statement at the close of each fiscal year in accordance with the

requirements of third party payors that may reimburse such hospital

for care and treatment provided.
Okla. Stat. tit. 63, § 63-1084 — OK Code / Title 63 / Section 63-1084
Industrial housing - Adoption of Federal standards
Status: in_force

Notwithstanding any other provisions of law, or of any municipal

or county ordinance or local building code, the standards for

factory-built housing, housing prototypes, subsystems, materials and

components certified as acceptable by the Federal Department of

Housing and Urban Development are hereby deemed acceptable and

approved for use in housing construction in this state. A

certificate from the State Director of the Federal Housing

Administration of the Department of Housing and Urban Development

shall constitute prima facie evidence that the products or materials

listed therein are acceptable and such certificates shall be

furnished by the building contractor to any local building inspector

or other local housing authority upon request. The provisions of

this act will not preclude on-site inspections by cities and towns

of the service connections for electrical and sanitary facilities.
Okla. Stat. tit. 63, § 63-2255.4A — OK Code / Title 63 / Section 63-2255.4A
Renumbered as § 1-2405 of Title 63 by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2405 of Title 63

by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-1-104 — OK Code / Title 63 / Section 63-1-104
State Commissioner of Health – Powers and duties
Status: in_force

A. The State Commissioner of Health may adopt an official seal

for the State Department of Health. The State Commissioner of

Health shall hold such meetings as he or she deems necessary.

B. The Commissioner shall have the following powers and duties:

1. Adopt such rules and standards as he or she deems necessary

to carry out any of the provisions of the Oklahoma Public Health

Code;

2. Accept and disburse grants, allotments, gifts, devises,

bequests, funds, appropriations, and other property made or offered

to the Department; and

3. Establish such divisions, sections, bureaus, offices, and

positions in the State Department of Health as the Commissioner

deems necessary to carry out the provisions of this Code.

C. The State Commissioner of Health shall be appointed by the

Governor, with the advice and consent of the Senate. The

Commissioner shall serve at the pleasure of the Governor and may be

removed or replaced without cause. Compensation for the

Commissioner shall be determined pursuant to Section 3601.2 of Title

74 of the Oklahoma Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety Page 69
Okla. Stat. tit. 63, § 63-3131.13 — OK Code / Title 63 / Section 63-3131.13
Construction of act
Status: in_force

The withholding of cardiopulmonary resuscitation from a person

in accordance with the provisions of the Oklahoma Do-Not-Resuscitate

Act shall not, for any purpose, constitute suicide or homicide. The

withholding of cardiopulmonary resuscitation from a person in

accordance with the provisions of the Oklahoma Do-Not-Resuscitate

Act, however, shall not relieve any individual of responsibility for

any civil or criminal acts that may have caused the person's

condition. Nothing in the Oklahoma Do-Not-Resuscitate Act shall be

construed to legalize, condone, authorize, or approve mercy killing

or assisted suicide.
Okla. Stat. tit. 63, § 63-1-1812 — OK Code / Title 63 / Section 63-1-1812
Renumbered as § 2-5-111 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-737.7 — OK Code / Title 63 / Section 63-1-737.7
Short title - Oklahoma Unborn Child Protection from
Status: in_force

Dismemberment Abortion Act.

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

Child Protection from Dismemberment Abortion Act".
Okla. Stat. tit. 63, § 63-2151 — OK Code / Title 63 / Section 63-2151
Blood products or tissues - Addition to human body -
Status: in_force

Warranty.

The procurement, processing, distribution or use of whole blood,

plasma, blood products, blood derivatives and other human tissues

such as corneas, bones or organs for the purpose of injecting,

transfusing or transplanting any of them into the human body, for

compensation or otherwise, shall be deemed a transaction for the

purposes of this act. No such transaction shall give rise to any

implied warranty of the fitness, quality, suitability of purpose,

safety, acceptability to the body of the patient or of any other

characteristic or circumstance incident to the transaction involved

bearing upon the propriety of the transaction, as applied to the

recipient, on the part of the person or persons rendering such

service, in the absence of negligence. Provided, that the

provisions of this act shall in no way be deemed to affect the

operations of the Oklahoma State Penitentiary.
Okla. Stat. tit. 63, § 63-3241.1 — OK Code / Title 63 / Section 63-3241.1
Supplemental Hospital Offset Payment Program Act
Status: in_force

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

Hospital Offset Payment Program Act".
Okla. Stat. tit. 63, § 63-2167 — OK Code / Title 63 / Section 63-2167
Blood solicitation and donation
Status: in_force

A. It shall be the intent of the Legislature that each blood

service system operating in this state use only blood and blood

Oklahoma Statutes - Title 63. Public Health and Safety Page 1345

products obtained from volunteer donors, except in an emergency

calling for a rare blood type that is not available from a nonpaid

donor or in an unusual disaster situation when normal supply is

interrupted or depleted. Blood collected from inmates in

correctional facilities shall not be used to transfuse patients in

this state.

B. Blood solicitation or donation as a prerequisite for

surgical or medical reasons is hereby prohibited.

C. Every blood donor organization shall adopt policies and

procedures for directed blood donations. Such designated donations

must be medically suitable of purpose, safety, and acceptability to

the body of the recipient.

D. Appeals for blood donations should be directed at the

community at large, including organized groups within the community.

While appeals to the family and friends of the hospitalized patients

are an acceptable part of total donor recruitment program, blood

service establishments should exercise discretion in such appeals

and should carefully avoid the use of any undue pressure or

coercion.
Okla. Stat. tit. 63, § 63-5009.1 — OK Code / Title 63 / Section 63-5009.1
Oklahoma Health Care Authority - Acceptance of federal
Status: in_force

grants - Appropriations in advance.

A. 1. The Oklahoma Health Care Authority may accept grants

from the federal government of monies or services for the purpose of

augmenting any assistance program or other program within the

jurisdiction of the Authority or to reimburse the state for any such

assistance payments.

2. The Authority shall comply with the requirements of any

federal agency governing the federal grants in any manner not

inconsistent with the Constitution and laws of this state.

B. The Authority may make apportionments in advance of funds

under its control, in accordance with the requirements of the

federal government, when such funds are to be matched in whole or in

Oklahoma Statutes - Title 63. Public Health and Safety Page 1713

part by federal funds; provided, the provisions of this subsection

shall not authorize the Authority to make apportionments in advance

of such funds in violation of any constitutional or statutory

restrictions or provisions.
Okla. Stat. tit. 63, § 63-142.8 — OK Code / Title 63 / Section 63-142.8
Additional notice required
Status: in_force

A. In addition to the notice required by Section 142.6 of this

title, whenever the demolition of a structure is proposed, operators

in the geographic area defined by the notification center who have a

notice on file with the notification center pursuant to Section

142.3 of this title shall be given at least seven (7) business days'

notice of the proposed demolition before the demolition work begins.

Such notice shall be initiated by the notification center after the

excavator has met local code requirements for a demolition permit.

When an operator is served with notice and determines that

underground facilities are within the proposed area of demolition

and such facilities require additional protection, service removal

or termination, the operator shall communicate this information to

the excavator and by mutual agreement the operator and excavator

shall determine a date to begin the demolition which shall not

exceed sixty (60) business days from the original demolition notice.

If a public agency determines that the structure endangers the

public health or safety, then the public agency may, in the manner

provided by law, order the immediate demolition of the structure.

B. When a design or survey notice is received, operators or

their designee shall provide underground facilities information

within fourteen (14) calendar days from the time of the request

which may include physical markings at the project site, facility

mapping, or both. No excavation may take place on a design or

survey notice. Operators shall provide the one-call notification

center with the necessary information for notices to be sent to the

appropriate person within their company or organization.

C. Excavators involved in large projects may submit a pre-

excavation meeting request no less than fourteen (14) calendar days

prior to beginning excavation or blasting activities. Such

notification shall include the excavator's proposed meeting date,

time, location, and contact information including name, telephone,

and email. The date of the meeting shall be a minimum of seventy-

two (72) hours after the notification has been submitted.

Notwithstanding the information above, nothing prevents the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1088

excavator and underground facility operators from choosing to meet

otherwise. All affected facility owners shall be notified once the

pre-excavation meeting request has been submitted and in turn will

provide a positive response within seventy-two (72) hours to the

notification center indicating their ability to meet on the proposed

meeting date. All parties involved in the pre-excavation meeting

shall coordinate a marking plan and take actions necessary to ensure

proper notice requirements are met for affected facility operators.
Okla. Stat. tit. 63, § 63-1-879.2 — OK Code / Title 63 / Section 63-1-879.2
Alzheimer's Research Advisory Council - Powers, duties
Status: in_force

and responsibilities.

The Alzheimer's Research Advisory Council shall:

1. Provide advice and make recommendations to the State

Department of Health and other state agencies regarding Alzheimer's

and related dementia issues and/or programs funded or coordinated

by, but not limited to, the Department of Mental Health and

Substance Abuse Services, the Department of Human Services, the

State Department of Health, and the Department of Veterans Affairs;

2. Develop a plan for research relating to Alzheimer's disease

and related dementias that addresses and interfaces with existing

plans and requires involvement by one or more state agencies;

Oklahoma Statutes - Title 63. Public Health and Safety Page 538

3. Examine the continuation and possible expansion of services

provided through the existing autopsy network currently in operation

at the Oklahoma Medical Research Foundation and the University of

Oklahoma College of Medicine and provide specific recommendations

including funding alternatives to the State Department of Health, no

later than March 1, 1991;

4. Review the need for a statewide voluntary registry in order

to conduct epidemiology studies for health planning and research

purposes;

5. Recommend specific innovation service delivery models that

address the unique needs of multi-cultural populations, including

but not limited to ethnic sensitive practices, and culturally

relevant programming; and

6. Submit before November 1 of each year to the State

Department of Health, the Governor and the Oklahoma State

Legislature a report, with copies to appropriate state agencies,

summarizing the activities of the Alzheimer's Advisory Research

Council for the past year and indicating short-term and long-term

plans and recommendations for the coming years.
Okla. Stat. tit. 63, § 63-3216 — OK Code / Title 63 / Section 63-3216
Issuance of bonds - Approval of Attorney General
Status: in_force

Before any bond shall be issued and delivered by the University

Hospitals Authority, a certified copy of the proceedings for the

issuance thereof, together with any other information which the

Attorney General of the State of Oklahoma may require as the Bond

Commissioner of the State of Oklahoma, shall be submitted to the

Attorney General. If the Attorney General shall find that such

Oklahoma Statutes - Title 63. Public Health and Safety Page 1528

bonds have been issued in accordance with law, he shall approve such

bonds and execute a certificate to that effect. The Attorney

General shall file such certificates in the office of the State

Auditor and Inspector, and the certificates shall be recorded in a

record kept for that purpose. All bonds approved by the Attorney

General, and issued in accordance with the approved proceedings,

shall be valid and binding obligations of the Authority and shall be

incontestable for any course from and after the date of such

approval.
Okla. Stat. tit. 63, § 63-4102 — OK Code / Title 63 / Section 63-4102
Authority and jurisdiction to administer
Status: in_force

A. Service Oklahoma is hereby granted authority and

jurisdiction to administer the Oklahoma Vessel and Motor Excise Tax

Act, and Service Oklahoma is hereby authorized to promulgate, adopt,

and enforce all necessary rules and regulations and to prescribe all

forms which it deems necessary to carry the Oklahoma Vessel and

Motor Excise Tax Act into effect and to enforce the provisions

thereof.

B. All forms, declarations, applications, statements, or other

information in writing and executed by owners or representatives of

owners are hereby declared to be executed and shall be considered to

be executed under penalties of perjury.
Okla. Stat. tit. 63, § 63-1-1130 — OK Code / Title 63 / Section 63-1-1130
Temperatures required
Status: in_force

The refrigeration system for a locker plant or branch locker

plant shall be equipped with accurate and reliable controls for the

automatic maintenance of uniform temperatures as required in the

various refrigerated rooms and shall be of adequate capacity to

provide, under extreme conditions of outside temperatures and under

peak load conditions in the normal operations of the plant, the

following temperatures in the several rooms, respectively:

Chill room

(a) Temperature of thirty-four degrees degrees above zero

Fahrenheit (340F.) plus or minus two degrees (2 degrees) with a

tolerance of five degrees Fahrenheit (50F.) for a reasonable time

after fresh food is put in for chilling.

Oklahoma Statutes - Title 63. Public Health and Safety Page 589

Sharp freeze room. Sharp freezing compartments

(b) Temperature of ten degrees below zero Fahrenheit (-100F.) or

lower or temperature of zero degrees Fahrenheit or lower when forced

air circulation is employed with a tolerance of five degrees

Fahrenheit (50F.) for either type of installation for a reasonable

time after fresh food is put in for freezing.

Locker room

(c) Temperature of not to exceed zero degrees Fahrenheit (00F.)

with a tolerance of three degrees Fahrenheit (30F.) higher.

The foregoing temperatures shall not be construed as prohibiting

such variations therefrom as may occur during short periods of time

incidental to defrosting. For experimental purposes, the State

Commissioner of Health, upon application in writing, may authorize

for a limited and prescribed period the installation and use of

refrigeration systems or methods which in the opinion of the

Commissioner will result in improvement over present methods.

An accurate direct reading thermometer shall be provided in the

chill room and in the sharp freeze room or compartment. An accurate

self-registering or self-recording thermometer of a type approved by

the Commissioner shall be provided in the locker room. The discs or

other temperature records of such thermometer shall be kept at the

plant and shall be preserved for at least one (1) year from the date

of the recording. The thermometer in the locker room shall be

placed in a position where it is readily observable by patrons.
Okla. Stat. tit. 63, § 63-1-2408 — OK Code / Title 63 / Section 63-1-2408
Renumbered as § 2-10-1108 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1526.1 — OK Code / Title 63 / Section 63-1-1526.1
Administrative fines - Nursing facilities and
Status: in_force

employees - Child care facilities.

In addition to any other penalties authorized by law, the State

Board of Health or the Department of Human Services, whichever is

the appropriate entity, shall impose administrative fines against

nursing facilities, employees of nursing facilities, or both, and

child care facilities for violations of Section 1-1521 et seq. of

Title 63 of the Oklahoma Statutes, in accordance with this section.

If after a hearing in accordance with the Administrative Procedures

Act, Section 250 et seq. of Title 75 of the Oklahoma Statutes, the

appropriate entity as specified in this section shall find any

person to be in violation of subsection A of Section 14 of this act,

Oklahoma Statutes - Title 63. Public Health and Safety Page 639

such person shall be subject to an administrative penalty of Fifty

Dollars ($50.00) for the first offense within a one-year period, One

Hundred Dollars ($100.00) for the second offense within a one-year

period, and Two Hundred Dollars ($200.00) for a third or subsequent

offense within a one-year period.
Okla. Stat. tit. 63, § 63-5024 — OK Code / Title 63 / Section 63-5024
Incorporated physician providers – Income deferral
Status: in_force

programs.

A. 1. Effective July 1, 2001, the Oklahoma Health Care

Authority is authorized to offer to eligible contracted incorporated

physician providers, elective income deferral programs which can

result in federal income tax advantages and other advantages to such

providers and their employees. These deferral programs shall take

into account present and future provisions of the United States

Internal Revenue Code which now or in the future might have the

beneficial effect of magnifying the after-tax value payments made by

the state to incorporated physician providers.

2. The Oklahoma Health Care Authority may adopt a plan that

provides for the investment of deferral amounts in life insurance or

annuity contracts which offer a choice of underlying investment

options. Contract-issuing companies shall be limited to companies

that are licensed to do business in this state.

3. As a condition of participation in these income deferral

programs, all participating incorporated physician providers shall

be subject to provisions for forfeiture of benefits for failure to

maintain in force a Medicaid provider agreement and to furnish

services to Medicaid recipients for a specified duration.

B. The Oklahoma Health Care Authority may consult with the

State Treasurer and the Attorney General of the state for advice in

establishing the program.

C. The Oklahoma Health Care Authority Board shall have the

authority to promulgate rules regarding the operation of the

program.
Okla. Stat. tit. 63, § 63-6101 — OK Code / Title 63 / Section 63-6101
Short title
Status: in_force

This act may be cited as the “Catastrophic Health Emergency

Powers Act”.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1762
Okla. Stat. tit. 63, § 63-2867 — OK Code / Title 63 / Section 63-2867
Collection, payment, and distribution of prepaid wireless
Status: in_force

fees.

A. Prepaid 9-1-1 wireless transaction fees authorized and

collected pursuant to paragraph 3 of subsection A of Section 2865 of

this title from retailers shall be paid to the Oklahoma Tax

Commission under procedures established by the Tax Commission that

substantially coincide with the registration and payment procedures

that apply under the Oklahoma Sales Tax Code and as directed by the

Oklahoma 9-1-1 Management Authority. The audit and appeal

Oklahoma Statutes - Title 63. Public Health and Safety Page 1438

procedures, including limitations period, applicable to the Oklahoma

Sales Tax Code shall apply to prepaid 9-1-1 wireless telephone fees.

B. From the total fees collected pursuant to paragraph 3 of

subsection A of Section 2865 of this title, eight-tenths of one

percent (0.8%) shall be retained by the Tax Commission as

reimbursement for the direct cost of administering the collection

and remittance of such fees.

C. The prepaid 9-1-1 wireless transaction fee shall be

collected by the retailer from the consumer for each retail

transaction occurring in this state. The amount of the prepaid 9-1-

1 wireless fee shall either be separately stated on the invoice,

receipt or similar document that is provided to the consumer by the

seller, or otherwise disclosed to the consumer.

D. The prepaid 9-1-1 wireless telephone fee is the liability of

the consumer and not of the seller or of any provider, except that

the seller shall be liable to remit all prepaid 9-1-1 wireless

telephone fees that the seller collects as provided in this section,

including all charges that the seller is deemed to collect where the

amount of the fee has not been separately stated on an invoice,

receipt or other similar document.

E. If the amount of the prepaid 9-1-1 wireless telephone fee is

separately stated on the invoice, receipt or similar document, the

prepaid 9-1-1 wireless telephone fee shall not be included in the

base for measuring any tax, fee, surcharge or other charge that is

imposed by the state, any political subdivision of this state or any

intergovernmental agency.

F. The Oklahoma Tax Commission shall provide the 9-1-1

Management Authority with a monthly report showing the 9-1-1

wireless fee deposits including the name of the provider and the

amount of each deposit. Upon request the 9-1-1 Authority may

request telephone or mailing address information of the provider.
Okla. Stat. tit. 63, § 63-2413.1 — OK Code / Title 63 / Section 63-2413.1
Contracts with employees of other state agencies for
Status: in_force

interpreter services.

Any agency of this state that requires the services of a

qualified interpreter for a deaf person is authorized to enter into

contracts with employees of other state agencies if the work hours

of employment would not be contemporaneous except as otherwise

authorized by the agency who is the employer of such interpreter.
Okla. Stat. tit. 63, § 63-1-828.1 — OK Code / Title 63 / Section 63-1-828.1
State agencies - Placement of persons in unlicensed
Status: in_force

residential care homes prohibited.

No state agency shall knowingly place, refer, or recommend

placement of a person in need of care in an unlicensed residential

care home.
Okla. Stat. tit. 63, § 63-1083.1 — OK Code / Title 63 / Section 63-1083.1
Rural electric cooperative housing authorities -
Status: in_force

Exemption from publication of notice, petition and election

procedure.

There is hereby created, with respect to each rural electric

cooperative in the state, a public body corporate and politic, to

function in the operating area of such rural electric cooperative to

Oklahoma Statutes - Title 63. Public Health and Safety Page 1331

be known as the "housing authority" of said cooperative which shall

be an agency of the State of Oklahoma possessing all powers, rights

and functions provided by law for city and county housing

authorities. No rural electric cooperative housing authority shall

transact any business or exercise any powers unless the governing

board of said cooperative, by proper resolution, declares that there

is a need for an authority to function for said cooperative.

Except as otherwise provided in this act, all the provisions of

law applicable to housing authorities created for cities and

counties and the commissioners of such authorities shall be

applicable to rural electric cooperative housing authorities and the

commissioners thereof unless a different meaning clearly appears

from the context. The chief executive officer of each rural

electric cooperative is authorized to exercise all appointing and

other powers with respect to a rural electric cooperative housing

authority that are vested by law in the mayor of a city relating to

a city housing authority. The requirements of Section 1055 of Title

63 of the Oklahoma Statutes as to publication of notice, petition

and election and the provisions of Section 1056 of Title 63 of the

Oklahoma Statutes shall not apply to rural electric cooperative

housing authorities.
Okla. Stat. tit. 63, § 63-1-728f — OK Code / Title 63 / Section 63-1-728f
Ability to sue - Damages
Status: in_force

A. For the purposes of this section, "damages" do not include

noneconomic damages, as defined in Section 1-1708.1C of Title 63 of

the Oklahoma Statutes.

B. A person who is adversely affected by conduct that is in

violation of the Freedom of Conscience Act may bring a civil action

for equitable relief, including reinstatement or damages, or both

reinstatement and damages. An action under this subsection may be

commenced against the state and any office, department, independent

agency, authority, institution, association, or other body in state

government created or authorized to be created by the state

constitution or any law. In an action under this subsection, the

court shall award reasonable attorney fees to a person who obtains

equitable relief, damages, or both. An action under this subsection

shall be commenced within one (1) year after the cause of action

accrues or be barred.
Okla. Stat. tit. 63, § 63-2255.6 — OK Code / Title 63 / Section 63-2255.6
Renumbered as § 1-2407 of Title 63 by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2407 of Title 63

by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1387
Okla. Stat. tit. 63, § 63-1-1154 — OK Code / Title 63 / Section 63-1-1154
Construction of act
Status: in_force

A. This act shall not be construed to require a local authority

to adopt a program regulating mobile food vendors or to modify its

existing program regulating mobile food vendors; provided, the

regulations do not conflict with this act.

B. This act shall not be construed to impede the State

Department of Health or local authority in any investigation of a

reported foodborne illness.
Okla. Stat. tit. 63, § 63-1-1955.5 — OK Code / Title 63 / Section 63-1-1955.5
Promulgation of rules
Status: in_force

The Oklahoma Health Care Authority and the Insurance Department

are hereby authorized to promulgate rules to implement and

administer the provisions of the Oklahoma Long-Term Care Partnership

Act.
Okla. Stat. tit. 63, § 63-91 — OK Code / Title 63 / Section 63-91
State Anatomical Board - Creation and membership – Duties –
Status: in_force

Organization – Rules - Records of bodies received and distributed -

Exemptions.

A. There is hereby re-created, to continue until July 1, 2030,

in accordance with the provisions of the Oklahoma Sunset Law, an

oversight board to be known as the State Anatomical Board, to be

composed of the following members:

1. The deans or their designee of each accredited medical

school and osteopathic medical school within this state;

2. The persons heading the department of anatomy, or comparable

department, in the medical and osteopathic medical schools or their

designee;

3. Two persons appointed jointly by the presidents of

institutions of higher education within the state which have

educational programs other than medical which require on a regular

basis human anatomical materials, provided that these programs have

Oklahoma Statutes - Title 63. Public Health and Safety Page 1059

been approved by the Oklahoma State Regents for Higher Education;

and

4. One at-large member appointed by the Governor to represent

the interests of the citizens of this state.

B. It shall be the duty of the State Anatomical Board to

register all anatomical donor programs and non-transplant tissue

banks and to designate agents to provide for the collection,

preservation, storage, distribution, delivery, recovery from users,

cremation and final disposition of all dead human bodies used for

health science education and research in this state.

C. The Board shall elect from its membership a chair who shall

perform such other duties as the Board may prescribe by rule. The

Board shall have full power to establish rules for its government,

to appoint and remove officers, and to appoint an executive director

who shall keep full and complete minutes of its transactions and

manage the affairs of the Board. The expenditures authorized in

this section shall not be a charge against the state, but shall be

paid by the agent designated by the Board to receive, store, issue,

and cremate human anatomical materials. Records shall also be kept

by the agent of all bodies received and distributed for the period

of time authorized by the Records Disposition Schedule. The name of

the oversight board shall be the State Anatomical Board, hereinafter

called the Anatomical Board. The Anatomical Board may, in its

discretion, exempt any county, district, or institution from the

provisions of Sections 91 through 100 of this title in any calendar

year for any length of time.Oklahoma Statutes - Title 63. Public Health and Safety Page 33
Okla. Stat. tit. 63, § 63-1-1127 — OK Code / Title 63 / Section 63-1-1127
Construction of plant - Equipment
Status: in_force

(a) The floors, walls, and ceilings of locker plants and branch

locker plants, including all food processing rooms, slaughtering

facilities, and similar items, shall be of such construction and

finish that they can be conveniently maintained in a clean and

sanitary condition. Walls and ceilings shall be well painted or

finished in some other approved manner and shall be refinished as

often as necessary. Washing facilities including hot and cold water

shall be provided for proper cleansing of utensils and equipment.

The lockers in any plant shall be so constructed as to protect the

contents from contamination, deterioration, or injury. Lockers with

perforated bottoms shall be provided with a suitable unperforated

liner or tray.

(b) Any plant using a toxic gas refrigerant shall have at least

one gas mask of a type approved by the State Commissioner of Health

and shall keep the same where it will be readily accessible.
Okla. Stat. tit. 63, § 63-1-745.2 — OK Code / Title 63 / Section 63-1-745.2
Definitions
Status: in_force

As used in the Pain-Capable Unborn Child Protection Act only:

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

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

pregnancy of a woman known to be pregnant with an intention other

than to increase the probability of a live birth, to preserve the

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

unborn child who died as the result of natural causes in utero,

accidental trauma, or a criminal assault on the pregnant woman or

her unborn child, and which causes the premature termination of the

pregnancy;

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

an omission of a statutorily required act, that, under the

circumstances as the actor believes them to be, constitutes a

substantial step in a course of conduct planned to culminate in the

performance or induction of an abortion in this state in violation

of the Pain-Capable Unborn Child Protection Act;

3. "Postfertilization age" means the age of the unborn child as

calculated from the fertilization of the human ovum;

4. "Fertilization" means the fusion of a human spermatozoon

with a human ovum;

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

medical judgment, so complicates the medical condition of the

pregnant woman that it necessitates the immediate abortion of her

pregnancy without first determining postfertilization age to avert

her death or for which the delay necessary to determine

postfertilization age will create serious risk of substantial and

irreversible physical impairment of a major bodily function, not

including psychological or emotional conditions. No condition shall

be deemed a medical emergency if based on a claim or diagnosis that

the woman will engage in conduct which she intends to result in her

death or in substantial and irreversible physical impairment of a

major bodily function;

Oklahoma Statutes - Title 63. Public Health and Safety Page 390

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

would be made by a reasonably prudent physician, knowledgeable about

the case and the treatment possibilities with respect to the medical

conditions involved;

7. "Physician" means any person licensed to practice medicine

and surgery or osteopathic medicine and surgery in this state;

8. "Probable postfertilization age of the unborn child" means

what, in reasonable medical judgment, will with reasonable

probability be the postfertilization age of the unborn child at the

time the abortion is planned to be performed or induced;

9. "Unborn child" or "fetus" each means an individual organism

of the species homo sapiens from fertilization until live birth; and

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

reached the age of majority.
Okla. Stat. tit. 63, § 63-1-741.1 — OK Code / Title 63 / Section 63-1-741.1
Performance or assisting performance of abortion by
Status: in_force

state employee or agency prohibited - Exceptions - Use of public

funds to encourage abortions prohibited.

A. It shall be unlawful for any person employed by this state

or any agency or political subdivision thereof, within the scope of

the person’s employment, to perform or assist an abortion not

necessary to save the life of the mother except when the pregnancy

resulted from an act of forcible rape which was reported to the

proper law enforcement authorities or when the pregnancy resulted

from an act of incest committed against a minor and the perpetrator

has been reported to the proper law enforcement authorities. It

shall be unlawful for any public institution, public facility,

public equipment, or other physical asset owned, leased or

controlled by this state or any agency or political subdivisions

thereof to be used for the purpose of performing or assisting an

abortion not necessary to save the life of the mother except when

the pregnancy resulted from an act of forcible rape which was

reported to the proper law enforcement authorities or when the

pregnancy resulted from an act of incest committed against a minor

and the perpetrator has been reported to the proper law enforcement

authorities. This subsection shall not be construed to prohibit use

by private entities of public utilities or the services of

firefighters or police.

B. It shall be unlawful for any funds received or controlled by

this state or any agency or political subdivision thereof,

including, but not limited to, funds derived from federal, state or

local taxes, gifts or grants, federal grants or payments, or

intergovernmental transfers, to be used to encourage a woman to have

an abortion not necessary to save her life, except to the extent

required for continued participation in a federal program. Nothing

in this subsection shall be construed to prohibit a physician from

discussing options with a patient through nondirective counseling.

Oklahoma Statutes - Title 63. Public Health and Safety Page 382
Okla. Stat. tit. 63, § 63-4043 — OK Code / Title 63 / Section 63-4043
Injunction - Parties
Status: in_force

Service Oklahoma is hereby authorized, without cost, bond or

deposit, to institute injunctive actions in courts of competent

jurisdiction, in the name of the State of Oklahoma on the relation

of Service Oklahoma, to enforce the provisions of Sections 4033

through 4042 of this title. Any licensee or other person who

violates or threatens to violate any provision of Sections 4033

through 4042 of this title or rule or regulation enacted thereunder

or order of Service Oklahoma may be enjoined from so doing.
Okla. Stat. tit. 63, § 63-1-1301.6 — OK Code / Title 63 / Section 63-1-1301.6
Renumbered as § 7-406 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1-1001.2 — OK Code / Title 63 / Section 63-1-1001.2
Application of act - Exceptions
Status: in_force

The Oklahoma Bedding Regulation Act shall apply to all persons

engaged in the business of manufacturing, repairing, renovating,

germicidally treating, leasing, selling or offering to sell items of

bedding. The Oklahoma Bedding Regulation Act shall not apply to:

1. Individuals who make, repair, renovate, or germicidally

treat bedding for their own personal use;

2. An individual or individuals, not a corporation, who make,

repair, renovate or sanitize quilts, comforters or pillow covers,

including decorative pillows; or

3. Any person who offers for sale or sells goods, wares or

merchandise to the highest bidder or offers for sale or sells goods,

wares or merchandise at a high price and then offers the same at

successive lower prices until a buyer is secured.
Okla. Stat. tit. 63, § 63-1-725.3 — OK Code / Title 63 / Section 63-1-725.3
Publicly available prices for common services
Status: in_force

A. A health care provider shall make available to the public,

in a single document, either electronically or by posting

conspicuously on the provider's website if one exists, the health

care prices for at least the twenty most common health care services

the health care provider provides. If the health care provider, in

the normal course of his or her practice, regularly provides fewer

Oklahoma Statutes - Title 63. Public Health and Safety Page 285

than twenty health care services, the health care provider shall

make available the health care prices for the health care services

the provider most commonly provides.

B. The health care provider shall identify the services by:

1. A Current Procedural Terminology code or other coding system

commonly used by the health care provider and accepted as a national

standard for billing; and

2. A plain English description.

C. The health care provider shall update the document as

frequently as the health care provider deems appropriate, but at

least annually.
Okla. Stat. tit. 63, § 63-1-851.3 — OK Code / Title 63 / Section 63-1-851.3
Certificate of need required
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 495

No long-term care facility shall be developed, acquired or

offered unless a certificate of need therefor has been issued as

provided in the Long-term Care Certificate of Need Act. No

governmental entity shall approve any grant of funds, issue any

debentures or issue or renew any license for the operation of a

long-term care facility, nor shall any third-party purchasers,

licensed or operated by this state, issue reimbursement for services

provided to its insurers or clients, unless the certificate of need

as provided in the Long-term Care Certificate of Need Act has been

obtained.
Okla. Stat. tit. 63, § 63-3217 — OK Code / Title 63 / Section 63-3217
Issuance of bonds - Approval of Supreme Court
Status: in_force

The University Hospitals Authority or the University Hospitals

Trust may file an application with the Supreme Court of the State of

Oklahoma for approval of any bonds to be issued under the provisions

of the University Hospitals Authority Act, and exclusive original

jurisdiction is hereby conferred upon the Supreme Court to hear and

determine such application. The Supreme Court shall give such

applications precedence over the other business of the Court and

consider and determine the validity of the bonds and consider the

application and any protest which may be filed thereto. Notice of

the hearing on each application shall be given by notice published

in a newspaper of general circulation in this state that on a day

named the Authority or the Trust will ask the Court to hear the

application and approve the bonds. Such notice shall inform all

interested parties that they may file a protest against the issuance

of the bonds, may be present at the hearing, and may contest the

legality thereof. Such notice shall be published one time, not less

than ten (10) days prior to the date named for the hearing and the

hearing may be adjourned from time to time in the discretion of the

Court. If the Court is satisfied that the bonds have been properly

authorized in accordance with the University Hospitals Authority

Act, and that when issued such bonds will constitute valid

obligations in accordance with their terms, the Court shall render

its written opinion approving the bonds and shall fix the time

within which the petition for rehearing may be filed. The decision

of the Court shall be a judicial determination of the validity of

the bonds, shall be conclusive as to the Authority or the Trust, its

officers and agents, and thereafter the bonds so approved and the

revenues pledged to their payment shall be incontestable in any

court in the State of Oklahoma.
Okla. Stat. tit. 63, § 63-2-112 — OK Code / Title 63 / Section 63-2-112
Report on progress of opioid act of 2019
Status: in_force

The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control shall report to the standing committees of the Legislature

having jurisdiction over health and human services matters and over

occupational and professional regulation matters, no later than

January 31, 2020, with progress on implementing the provisions of

this act. The report shall contain, at a minimum, the following

information:

1. Registration of prescribers and dispensers in the central

repository pursuant to Section 2-309A et seq. of Title 63 of the

Oklahoma Statutes;

2. Data regarding the checking and using of the central

repository by data requesters;

3. Data from professional boards regarding the implementation

of continuing education requirements for prescribers of opioid

drugs;

4. Effects on the prescriber workforce;

5. Changes in the numbers of patients taking more than one

hundred (100) morphine milligram equivalents of opioid drugs per

day;

6. Data regarding the total quantity of opioid drugs prescribed

in morphine milligram equivalents;

7. Progress on electronic prescribing of opioid drugs; and

8. Improvements to the central repository through the request

for proposals process including feedback from prescribers,

dispensers and applicable state licensing boards on those

improvements.
Okla. Stat. tit. 63, § 63-1-533v2 — OK Code / Title 63 / Section 63-1-533v2
Phenylketonuria, related inborn metabolic disorders
Status: in_force

and other genetic or biochemical disorders - Educational and newborn

screening programs.

THIS TEXT EFFECTIVE BEGINNING NOV. 1, 2024. FOR TEXT EFFECTIVE

UNTIL NOV. 1, 2024, SEE OS 63-1-533v1.

A. The State Commissioner of Health shall provide, pursuant to

the provisions of Section 1-534 of this title, as technologies and

funds become available, an intensive educational and newborn

screening program among physicians, hospitals, public health nurses,

and the public concerning phenylketonuria, related inborn metabolic

disorders, and other genetic or biochemical disorders for which:

1. Newborn screening will provide early treatment and

management opportunities that might not be available without

screening; and

2. Treatment and management will prevent intellectual

disabilities and/or reduce infant morbidity and mortality.

B. This educational and newborn screening program shall include

information about:

1. The nature of the diseases;

2. Examinations for the detection of the diseases in infancy;

and

3. Follow-up measures to prevent the morbidity and mortality

resulting from these diseases.

Oklahoma Statutes - Title 63. Public Health and Safety Page 230

C. For purposes of this section, "phenylketonuria" means an

inborn error of metabolism attributable to a deficiency of or a

defect in phenylalanine hydroxylase, the enzyme that catalyzes the

conversion of phenylalanine to tyrosine. The deficiency permits the

accumulation of phenylalanine and its metabolic products in the body

fluids. The deficiency can result in intellectual disabilities

(phenylpyruvic oligophrenia), neurologic manifestations (including

hyperkinesia, epilepsy, and microcephaly), light pigmentation, and

eczema. The disorder is transmitted as an autosomal recessive trait

and can be treated by administration of a diet low in phenylalanine.

D. To the extent practicable, the list of disorders screened

for under this section shall be identical to the Recommended Uniform

Screening Panel of the United States Department of Health and Human

Services.

E. The Commissioner shall promulgate any rules necessary to

effectuate the provision of this section.
Okla. Stat. tit. 63, § 63-1-201 — OK Code / Title 63 / Section 63-1-201
County board of health - Membership
Status: in_force

There is hereby created in each county of the state a county

board of health, which shall consist of five (5) members, who shall

serve without compensation, and who shall be residents of the

county, appointed as follows:

Oklahoma Statutes - Title 63. Public Health and Safety Page 99

(a) The State Commissioner of Health shall appoint one member,

whose term shall expire on June 30, 1964, and each four (4) years

thereafter.

(b) The State Commissioner of Health shall appoint another

member, whose term shall expire on June 30, 1965, and each four (4)

years thereafter.

(c) The judge of the district court shall appoint one member,

who shall be the holder of a school administrator's certificate

issued by the State Board of Education, and whose term of office

shall expire on June 30, 1966, and each four (4) years thereafter.

(d) The Board of County Commissioners shall appoint one member,

who shall be a doctor of medicine, doctor of osteopathy, or, if no

doctor of medicine or doctor of osteopathy is available, the board

of county commissioners may appoint a dentist, optometrist, or

registered nurse. The term of office of such member shall expire on

June 30, 1967, and each four (4) years thereafter.

(e) The board of county commissioners shall appoint another

member who may be a member of the board of county commissioners, and

who shall serve at the pleasure of the board of county

commissioners.
Okla. Stat. tit. 63, § 63-1-2012.1 — OK Code / Title 63 / Section 63-1-2012.1
Renumbered as § 2-7-126 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-2-803 — OK Code / Title 63 / Section 63-2-803
Approved cannabidiol for use in clinical trials
Status: in_force

A. Clinical trials conducted pursuant to a statewide

investigational new drug application established pursuant to the

provisions of this act shall only utilize cannabidiol which is:

1. From an approved source; and

2. Approved by the United States Food and Drug Administration

to be used for treatment of a condition specified in an

investigational new drug application.

B. The principal investigator and any subinvestigator may

receive cannabidiol directly from an approved source or authorized

distributor for an approved source for use in the clinical trials.
Okla. Stat. tit. 63, § 63-5030.1 — OK Code / Title 63 / Section 63-5030.1
Medicaid Drug Utilization Review Board
Status: in_force

A. There is hereby created within the Oklahoma Health Care

Authority the Medicaid Drug Utilization Review Board, which shall be

responsible for the development, implementation and assessment of

retrospective and prospective drug utilization programs under the

direction of the Authority.

B. The Medicaid Drug Utilization Review Board shall consist of

ten (10) members appointed by the administrator of the Authority as

follows:

1. Four physicians, licensed and actively engaged in the

practice of medicine or osteopathic medicine in this state, of

which:

a. three shall be physicians chosen from a list of not

less than six names submitted by the Oklahoma State

Medical Association, and

b. one shall be a physician chosen from a list of not

less than two names submitted by the Oklahoma

Osteopathic Association;

2. Four licensed pharmacists actively engaged in the practice

of pharmacy, chosen from a list of not less than six names submitted

by the Oklahoma Pharmaceutical Association;

3. One person representing the lay community, who shall not be

a physician or a pharmacist, but shall be a health care professional

with recognized knowledge and expertise in at least one of the

following:

a. clinically appropriate prescribing of covered

outpatient drugs,

b. clinically appropriate dispensing and monitoring of

covered outpatient drugs,

c. drug use review, evaluation and intervention, and

d. medical quality assurance; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1732

4. One person representing the pharmaceutical industry who is a

resident of the State of Oklahoma, chosen from a list of not less

than two names submitted by the Pharmaceutical Research and

Manufacturers of America. The member representing the

pharmaceutical industry shall be prohibited from voting on action

items involving drugs or classes of drugs.

C. Members shall serve terms of three (3) years, except that

one physician, one pharmacist and the lay representative shall each

be initially appointed for two-year terms in order to stagger the

terms. In making the appointments, the administrator shall provide,

to the extent possible, for geographic balance in the representation

on the Medicaid Drug Utilization Review Board. Members may be

reappointed for a period not to exceed three three-year terms and

one partial term. Vacancies on the Medicaid Drug Utilization Review

Board shall be filled for the balance of the unexpired term from new

lists submitted by the entity originally submitting the list for the

position vacated.

D. The Medicaid Drug Utilization Review Board shall elect from

among its members a chair and a vice-chair who shall serve one-year

terms, provided they may succeed themselves.

E. The proceedings of all meetings of the Medicaid Drug

Utilization Review Board shall comply with the provisions of the

Oklahoma Open Meeting Act and shall be subject to the provisions of

the Administrative Procedures Act.

F. The Medicaid Drug Utilization Review Board may advise and

make recommendations to the Authority regarding existing, proposed

and emergency rules governing retrospective and prospective drug

utilization programs. The Oklahoma Health Care Authority Board

shall promulgate rules pursuant to the provisions of the

Administrative Procedures Act for implementation of the provisions

of this section.
Okla. Stat. tit. 63, § 63-695.3 — OK Code / Title 63 / Section 63-695.3
Prompt, full and effective response - Legally designated
Status: in_force

jurisdiction official.

Each jurisdiction recognizes that there will be emergencies

which require immediate actions and implementation of procedures to

apply outside resources to make prompt and effective response to

such an emergency. This is because few, if any, individual

jurisdictions have all the resources they need in all types of

emergencies and the capability of delivering resources to the area

where emergencies occur.

The prompt, full and effective utilization of resources of the

participating jurisdictions, including any resources on hand or

available from any other source, that are essential to the safety,

care, and welfare of the people in the event of any emergency or

disaster shall be the underlying principle on which all articles of

this Compact shall be understood.

On behalf of the chief elected officer of each jurisdiction

participating in the Compact, the legally designated jurisdiction

official who is assigned responsibility for emergency management

will be responsible for the formulation of the appropriate aid plans

and procedures necessary to implement the Compact.
Okla. Stat. tit. 63, § 63-2654.2 — OK Code / Title 63 / Section 63-2654.2
Oklahoma Poison Control Center
Status: in_force

There is hereby created the Oklahoma Poison Control Center

within the University of Oklahoma Health Sciences Center College of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1416

Pharmacy. The purpose of the center is to implement a statewide

emergency poison and drug information program designed and

structured to deliver reliable, accurate, qualified professional

judgments and responses to requests for emergency poison and drug

information data.
Okla. Stat. tit. 63, § 63-427.29 — OK Code / Title 63 / Section 63-427.29
Oklahoma Medical Marijuana Authority Executive
Status: in_force

Advisory Council — Composition — Powers and duties.

A. There is hereby created the Oklahoma Medical Marijuana

Authority Executive Advisory Council.

B. The Oklahoma Medical Marijuana Authority Executive Advisory

Council shall consist of the following members, and all appointees

shall serve their terms at the pleasure of the appointing authority

and may be removed or replaced without cause:

1. One member appointed by the Governor to represent all

citizens of this state;

2. One member appointed by the Speaker of the Oklahoma House of

Representatives, who shall be a citizen from a county with a

population under twenty-five thousand (25,000) persons, as

determined by the latest Federal Decennial Census;

3. One member appointed by the President Pro Tempore of the

Oklahoma State Senate, who shall be a citizen from a municipality

with a population in excess of seventy-five thousand (75,000)

persons, as determined by the latest Federal Decennial Census;

4. One member appointed by the Speaker of the Oklahoma House of

Representatives, who is a current medical marijuana business license

holder;

5. One member appointed by the President Pro Tempore of the

Oklahoma State Senate, who is a current medical marijuana business

license holder; and

6. One member appointed by the Governor, who holds a medical

marijuana patient license.

C. The Executive Director of the Oklahoma Medical Marijuana

Authority shall chair the Advisory Council and provide staff and

administrative support to the Advisory Council.

D. The Advisory Council shall select a co-chair from the

membership of the Advisory Council.

E. Each member of the Advisory Council shall serve a term of

four (4) years from the date of appointment. Members of the

Advisory Council shall not serve more than two consecutive terms.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1202

F. A majority of the members of the Advisory Council shall

constitute a quorum for the transaction of business and for taking

any official actions. Official actions by the Advisory Council

shall have a favorable vote by a majority of the members present.

G. Appointed members who serve on the Advisory Council shall be

exempt from dual-office-holding prohibitions pursuant to Section 6

of Title 51 of the Oklahoma Statutes.

H. The Advisory Council may advise the Authority of recommended

changes to state policy, rules, or statutes.

I. The Advisory Council shall prepare and issue a report of its

findings and recommendations electronically to the Governor,

President Pro Tempore of the Senate, and Speaker of the House by

November 1, 2025, and no later than November 1 of each year

thereafter.

J. Members appointed pursuant to subsection B 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.

K. The Oklahoma Medical Marijuana Authority Executive Advisory

Council shall meet as often as necessary to conduct business but

shall meet not less than four times a year, with an organizational

meeting to be held prior to January 1, 2025.

L. Any vacancy occurring on the Oklahoma Medical Marijuana

Authority Executive Advisory Council shall be filled for the

unexpired term of office in the same manner as provided for in

subsection B of this section.

M. The Advisory Council shall act in accordance with the

provisions of the Oklahoma Open Meeting Act, the Oklahoma Open

Records Act, and the Administrative Procedures Act.
Okla. Stat. tit. 63, § 63-1-745.17 — OK Code / Title 63 / Section 63-1-745.17
Public disclosure of identity
Status: in_force

In every civil or criminal proceeding or action brought under

the Heartbeat Informed Consent Act, the court shall rule whether the

identity of any woman upon whom an abortion has been performed or

induced or attempted to be performed or induced shall be preserved

from public disclosure if she does not give her consent to such

disclosure. The court, upon motion or sua sponte, shall make such a

ruling and, upon determining that her identity should be preserved

from public disclosure, shall issue orders to the parties,

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

and exclusion of individuals from courtrooms or hearing rooms to the

extent necessary to safeguard her identity from public disclosure.

Such an order shall be accompanied by specific written findings

explaining why the identity of the woman should be preserved from

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

order is narrowly tailored to serve that interest, and why no

reasonable, less restrictive alternative exists. In the absence of

written consent of the woman upon whom an abortion has been

performed or induced or attempted to be performed or induced,

anyone, other than a public official, who brings an action under

Section 6 of this act shall do so under a pseudonym. This section

shall not be construed to conceal the identity of the plaintiff or

of witnesses from the defendant or from attorneys for the defendant.
Okla. Stat. tit. 63, § 63-1-1106 — OK Code / Title 63 / Section 63-1-1106
Prosecution for violations
Status: in_force

It shall be the duty of each district attorney to whom the State

Commissioner of Health reports any violation of this article to

cause appropriate proceedings to be instituted in the proper courts

without delay and to be prosecuted in the manner required by law.
Okla. Stat. tit. 63, § 63-5016 — OK Code / Title 63 / Section 63-5016
Oklahoma Health Care Authority Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Health Care Authority to be designated the

"Oklahoma Health Care Authority Revolving Fund". The fund shall be

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

consist of all monies received by the Authority, from any source.

All monies accruing to the credit of said fund are hereby

appropriated and may be budgeted and expended by the Authority for

any purpose authorized by law. Expenditures from said fund shall be

made upon warrants issued by the State Treasurer against claims

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

Management and Enterprise Services for approval and payment.
Okla. Stat. tit. 63, § 63-1-740.13 — OK Code / Title 63 / Section 63-1-740.13
Consent form
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 375

A. A form created by the State Department of Health shall be

used by physicians to obtain the consent required prior to

performing an abortion on a minor who is not emancipated.

B. A form is not valid, and therefore consent is not

sufficient, unless:

1. A parent or legal guardian initials each page of the form,

indicating that he or she has read and understands the information

included on that page;

2. A parent or legal guardian signs the last page of the form

in front of a person who is a notary public;

3. The minor initials each list of risks and hazards listed in

subsection C of this section;

4. The minor signs a consent statement described in subsection

C of this section; and

5. The physician signs the declaration described in subsection

C of this section.

C. The form shall include, but not be limited to, the

following:

1. A description of the minor's rights, including her right to

informed consent;

2. A description of the parent or legal guardian's rights

pursuant to Oklahoma law;

3. A detailed description of the surgical and medical

procedures that are planned to be performed on the minor;

4. A detailed list of the risks and hazards related to the

surgical and medical procedures planned for the minor, including but

not limited to:

a. risks and hazards that may occur in connection with

any surgical, medical, or diagnostic procedure,

including but not limited to infection, blood clots in

veins and lungs, hemorrhage, allergic reactions, and

death,

b. risks and hazards that may occur with surgical

abortion, including but not limited to hemorrhage,

uterine perforation, sterility, injuries to the bowel

and bladder, hysterectomy as a result of complication

or injury during the procedure, and failure to remove

all products of conception that may result in an

additional procedure,

c. risks and hazards that may occur with a medical or

nonsurgical abortion, including but not limited to

hemorrhage, failure to remove all products of

conception that may result in an additional procedure,

sterility, and possible continuation of pregnancy, and

d. risks and hazards of the particular procedure planned

for the minor, including but not limited to cramping

of the uterus, pelvic pain, infection of the uterus,

Oklahoma Statutes - Title 63. Public Health and Safety Page 376

tubes, and ovaries, cervical laceration, incompetent

cervix, and emergency treatment for any of the above

named complications;

5. A description of additional information that must be

provided by the physician to the minor pursuant to the provisions of

Section 1-730 et seq. of this title;

6. A consent statement which must be signed by the minor. The

consent statement must include, but not be limited to, the following

requirements, which must each be individually initialed by the

minor:

a. that the minor understands that the doctor is going to

perform an abortion on her which will end her

pregnancy and result in the death of her unborn child,

b. that the minor is not being forced to have an abortion

and that she has the choice not to have the abortion

and may withdraw consent prior to the abortion,

c. that the minor gives permission for the procedure,

d. that the minor understands that there are risks and

hazards that could affect the minor if she has the

surgical or medical procedures planned for her,

e. that the minor has been given the opportunity to ask

questions about her condition, alternative forms of

treatment, risks of not receiving treatment, the

procedures to be used, and the risks and hazards

involved,

f. that the minor has been given information required by

Section 1-730 et seq. of this title, and

g. that the minor has sufficient information to give

informed consent;

7. A physician declaration, which must be signed by the

physician, stating that the physician or his or her assistant has

explained the procedure and the contents of this form to the minor

and her parent or legal guardian, as required, and has answered all

questions. Further, to the best of the physician's knowledge, the

patient and her parent or legal guardian have been adequately

informed and have consented to the procedure;

8. A parental consent statement stating that the signing parent

or legal guardian:

a. understands that the doctor signing the physician

declaration is going to perform an abortion on the

minor which will end her pregnancy and result in the

death of her unborn child,

b. that the parent or legal guardian had the opportunity

to read this form or have it read to him or her and

has initialed each page,

c. that the parent or legal guardian had the opportunity

to ask questions to the physician or the physician's

Oklahoma Statutes - Title 63. Public Health and Safety Page 377

assistant about the information in this form and the

surgical and medical procedures to be performed on the

minor,

d. that the parent or legal guardian believes he or she

has sufficient information to give informed consent,

and

e. that by the parent or legal guardian's signature, the

parent or legal guardian affirms that he or she is the

minor's parent or legal guardian;

9. A page for the parent or legal guardian's signature that

must be notarized by a notary public; and

10. Any additional information that must be provided pursuant

to applicable laws of this state.
Okla. Stat. tit. 63, § 63-1-2733 — OK Code / Title 63 / Section 63-1-2733
Behavioral Health Workforce Development Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the State Department of Mental Health and Substance Abuse to be

designated the "Behavioral Health Workforce Development Fund". The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies deposited to the credit

of the fund by law. All monies accruing to the credit of the fund

are hereby appropriated and may be budgeted and expended by the

State Department of Mental Health and Substance Abuse Services for

the purpose of repaying mental health and substance treatment

provider student loans, increasing the number of psychiatric

residencies, expanding licensure cohorts to increase the number of

clinicians at master's level and above, and developing training,

recruitment and supervision capacity. Expenditures from the fund

shall be made upon warrants issued by the State Treasurer against

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

Management and Enterprise Services for approval and payment.

B. The State Department of Mental Health and Substance Abuse

Services shall make every attempt to work with health care loan

Oklahoma Statutes - Title 63. Public Health and Safety Page 875

repayment programs operated by other states, tribal, and federal

agencies, including applying for matching federal grants, with the

goal of maximizing and coordinating resources to fill gaps in loan

repayment availability for critically-needed mental health

professions.

C. The Department of Mental Health and Substance Abuse Services

shall promulgate rules to effectuate the provisions of this section.
Okla. Stat. tit. 63, § 63-2200.28 — OK Code / Title 63 / Section 63-2200.28
Short title - Everett's Law
Status: in_force

This act shall be known and may be cited as "Everett's Law".
Okla. Stat. tit. 63, § 63-3278 — OK Code / Title 63 / Section 63-3278
Agreements and contracts — Authority — Purpose
Status: in_force

A. The Oklahoma State University Medical Authority shall have

the authority to:

1. Enter into agreements and cooperative ventures with other

health care providers to share services or to provide a benefit to

the hospitals;

2. Make and enter into all contracts and agreements necessary

or incidental to the performance of its duties and execution of its

powers pursuant to the Oklahoma State University Medical Authority

Act;

3. Join or sponsor organizations or associations intended to

benefit the hospitals;

4. Have members of its governing body or its officers or

administrators serve without pay as directors or officers of any

organization, association, or cooperative ventures authorized

pursuant to the Oklahoma State University Medical Authority Act; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1584

5. Offer, directly or indirectly, products and services of the

hospitals, any cooperative venture, or organization to the general

public.

B. All agreements and obligations undertaken, as permitted

under this section, by the Oklahoma State University Medical

Authority shall be for a public purpose. In addition to any other

limitations, conditions or restrictions provided by law, the

following conditions shall apply to contractual agreements entered

into pursuant to this section:

1. Private and public funds shall be accounted for separately;

and

2. The state shall not assume any liability for private

entities.
Okla. Stat. tit. 63, § 63-2869 — OK Code / Title 63 / Section 63-2869
Oklahoma 9-1-1 Management Authority Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Department of Emergency Management to be designated

the "Oklahoma 9-1-1 Management Authority Revolving Fund". The fund

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

and shall consist of all monies received by the Oklahoma Tax

Commission from fees designated for support of 9-1-1 emergency

services. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Oklahoma

Department of Emergency Management upon approval by the Oklahoma 9-

1-1 Management Authority for the purpose of supporting the

administration of the Authority and providing grants to public

agencies providing 9-1-1 services. Expenditures from the fund shall

be made upon warrants issued by the State Treasurer against claims

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

Management and Enterprise Services for approval and payment.
Okla. Stat. tit. 63, § 63-1-2309 — OK Code / Title 63 / Section 63-1-2309
Renumbered as § 2-10-405 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-2-503.1g — OK Code / Title 63 / Section 63-2-503.1g
Structuring of monetary transactions
Status: in_force

A. It shall be unlawful for any person to structure, assist in

structuring, attempt to structure, or attempt to assist in

structuring any transaction with one or more financial or

nonfinancial trades or businesses, to include any importation or

exportation of monetary instruments.

B. It shall be unlawful for any person to structure or assist

in structuring, or attempt to structure or assist in structuring any

transaction with one or more organizations that have a monetary

reporting requirement under federal law or under Title 6 or Sections

2-101 through 2-608 of Title 63 of the Oklahoma Statutes.

C. For purposes of this section, “structuring” means a person

who, acting alone, in conjunction with others, or on behalf of

others, conducts or attempts to conduct one or more transactions in

currency, in any amount, at one or more organizations that have a

monetary reporting requirement under federal law or under Title 6 or

Title 63 of the Oklahoma Statutes, on one or more days, for the

purpose of evading the reporting requirements of any federal law or

any provision of Title 6 or Title 63 of the Oklahoma Statutes

requiring reporting of financial transactions.

D. Any person violating the provisions of this section shall,

upon conviction, be 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.
Okla. Stat. tit. 63, § 63-1-746.8 — OK Code / Title 63 / Section 63-1-746.8
Violations – Civil actions for mother, father or
Status: in_force

grandparent.

Any person upon whom an abortion has been performed or induced

without this act being complied with, the father of the unborn child

who was the subject of such an abortion, or the grandparent of such

an unborn child may maintain an action pursuant to Sections 1-738.3f

through 1-738.3k of Title 63 of the Oklahoma Statutes against any

person or entity which performed or induced or attempted to perform

or induce the abortion in violation of this act, or against any

Oklahoma Statutes - Title 63. Public Health and Safety Page 425

person or entity which made a referral as defined in Sections 1-

738.3f through 1-738.3k of Title 63 of the Oklahoma Statutes

regarding this particular abortion. The procedure and remedy in a

civil action brought pursuant to this section shall be the same as

the procedure and remedy in other suits brought pursuant to Sections

1-738.3f through 1-738.3k of Title 63 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-1701.1A — OK Code / Title 63 / Section 63-1-1701.1A
Violation of rules, regulations or standards -
Status: in_force

Orders - Penalties.

A. In addition to any other remedies provided for by law, the

Department, pursuant to rules and regulations, may issue a written

order to any person whom the Department has reason to believe is

presently in violation of any standards or rules promulgated by the

State Board of Health and to whom the Department has served, no less

than fifteen (15) days previously, a written notice of violation of

such standards or rules. The fifteen-day notice period may be

reduced as, in the opinion of the Department, may be necessary to

render the order reasonably effectual.

B. The written order may require compliance with such standards

or rules immediately or within a specified time period or both. The

order may also assess an administrative fine for each day or part of

a day that such person fails to comply with the order.

C. Any order issued pursuant to this section shall state with

specificity the nature of the violation. Any penalty assessed in

the order shall not exceed Ten Thousand Dollars ($10,000.00) per day

of noncompliance with the order. In assessing such a penalty, the

Department shall consider the seriousness of the violation and any

efforts to comply with applicable requirements.

D. Any order issued pursuant to the provisions of this section

shall become a final order unless, no later than fifteen (15) days

after the order is served, the person or persons named therein

request an administrative hearing. Upon such request the Department

shall promptly conduct the hearing. The Department shall dismiss

such proceedings where compliance with the order is demonstrated. A

final order following a hearing may assess an administrative fine of

an amount based upon consideration of the evidence but not exceeding

the amount stated in the written order.

E. Such orders and hearings are subject to the Administrative

Procedures Act.
Okla. Stat. tit. 63, § 63-1-835 — OK Code / Title 63 / Section 63-1-835
Administration of medication to resident
Status: in_force

Administration of medication to a resident of a home shall be

administered by a person who has obtained appropriate training from

a technology center school or institution of higher education.
Okla. Stat. tit. 63, § 63-1-890.5 — OK Code / Title 63 / Section 63-1-890.5
License required
Status: in_force

No person shall establish, operate or maintain a continuum of

care facility or assisted living center, or use in its name, logo,

contracts, or literature the phrase "continuum of care facility" or

"assisted living", nor imply that it is a continuum of care facility

or assisted living center, nor hold itself out to be a continuum of

care facility or assisted living center, unless that person first

Oklahoma Statutes - Title 63. Public Health and Safety Page 551

obtains a license as required by the Continuum of Care and Assisted

Living Act.
Okla. Stat. tit. 63, § 63-1-818.32 — OK Code / Title 63 / Section 63-1-818.32
Renumbered as § 1430.32 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-5061.2 — OK Code / Title 63 / Section 63-5061.2
I/T/U Shared Savings Revolving Fund
Status: in_force

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

fund for the Oklahoma Health Care Authority to be designated the

"I/T/U Shared Savings Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

Oklahoma Statutes - Title 63. Public Health and Safety Page 1761

consist of all monies received by the Authority pursuant to this act

and otherwise specified or authorized by law.

All monies accruing to the credit of the fund are hereby

appropriated and shall be budgeted and expended by the Authority to

increase Medicaid provider rates, unless otherwise provided by law.

Expenditures from the fund shall be made upon warrants issued by the

State Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.

B. An annual report shall be prepared by the Authority's Chief

Financial Officer and shall be submitted to the Governor, the

President Pro Tempore of the Senate and the Speaker of the House of

Representatives no later than thirty (30) days following the end of

each State Fiscal Year. The annual report shall account for:

1. The savings realized by the Authority as a result of the

I/T/U Shared Savings Program;

2. The administrative costs incurred by the Authority as a

result of the I/T/U Shared Savings Program;

3. The monies distributed to participating I/T/U facilities as

a result of I/T/U Shared Savings Program including, but not limited

to, a summary of all specific distributions;

4. The balance of savings realized by the Authority as a result

of the I/T/U Shared Savings Program and accruing to the credit of

the fund after payment of administrative costs and distributions to

participating I/T/U facilities; and

5. The monies expended on increasing Medicaid provider rates

including, but not limited to, identification of the types of

providers affected and the percentage by which the providers' rates

were increased.
Okla. Stat. tit. 63, § 63-1-2012 — OK Code / Title 63 / Section 63-1-2012
Renumbered as § 2-7-129 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-227.6 — OK Code / Title 63 / Section 63-1-227.6
Funding of child abuse prevention programs
Status: in_force

A. The State Department of Health, in its annual budget

requests, shall identify the amount of funds requested for the

implementation of the Child Abuse Prevention Act.

B. From monies appropriated or otherwise available to the

Office of Child Abuse Prevention through state, federal or private

resources the State Commissioner of Health shall implement the

provisions of the Child Abuse Prevention Act and shall disburse such

monies in the following manner:

1. The Commissioner shall establish a formula for the

distribution of funds for the establishment, development or

improvement of both public and private programs and services for the

prevention of child abuse and neglect which shall provide for the

allocation of funds across the state based upon the percentage of

Oklahoma Statutes - Title 63. Public Health and Safety Page 123

the total state reported cases of abuse and neglect reported in the

district and the percentage of the total state population under the

age of eighteen (18) and upon the child abuse prevention service and

program needs of the comprehensive state plan; and

2. For the continuing development and establishment of child

abuse prevention training programs and multidisciplinary and

discipline-specific training programs for professionals with

responsibilities affecting children, youth and families.

C. Appropriations made for distribution by the Office for

grants or contracts for child abuse prevention programs and services

shall be deposited in the Child Abuse Prevention Fund.

D. The Office shall develop and publish requests for proposals

for grants or contracts for child abuse prevention programs and

services which shall require no less than a ten percent (10%) cash

or in-kind match by an agency or organization receiving a grant or

contract and which are designed to meet identified priority needs.

A priority ranking shall be made based upon the extent to which

a proposal meets identified needs, criteria for cost effectiveness,

provision for an evaluation component providing outcome data and a

determination that the proposal provides a mechanism for

coordinating and integrating these preventive services with other

services deemed necessary for working effectively with families who

are at risk of child abuse or neglect.

E. On and after January 1, 1986, all budget requests submitted

by any public agency to the Legislature for the funding of programs

related to child abuse and neglect prevention shall conform to the

comprehensive state plan and any subsequent updates or revisions of

said plan developed pursuant to the provisions of the Child Abuse

Prevention Act. Except for the purposes of planning and

coordination pursuant to the provisions of the Child Abuse

Prevention Act, the services and programs of the Department of Human

Services which are mandated by state law or which are a requirement

for the receipt of federal funds with regard to deprived, destitute

or homeless children shall not be subject to the provisions of this

subsection.
Okla. Stat. tit. 63, § 63-2550.4 — OK Code / Title 63 / Section 63-2550.4
Nonformulary or prior-authorized drugs - Approval
Status: in_force

A. A managed care plan that has a closed formulary or that

requires prior authorization to obtain certain drugs shall approve

or disapprove a provider’s or a covered person’s request for a

nonformulary drug or a drug that requires prior authorization within

twenty-four (24) hours of receipt of such request.

B. If the managed care plan does not render a decision within

twenty-four (24) hours, the provider or covered person shall be

entitled to a seventy-two-hour supply of the drug. The managed care

plan shall then approve or disapprove the request for a nonformulary

Oklahoma Statutes - Title 63. Public Health and Safety Page 1402

drug or prior authorized drug within the additional seventy-two-hour

period.

C. Failure of the managed care plan to respond within the

subsequently allowed seventy-two-hour period shall be deemed as

approval of the request for the nonformulary drug or prior

authorized drug; provided, however, the approval shall be subject to

the terms of the managed care plan’s drug formulary; provided

further, the purchase of the approved drug shall be at no additional

cost to the covered person beyond what the covered person would

otherwise pay for a prescription pursuant to the managed care plan.

D. All providers and covered persons in a managed care plan

shall be provided with a copy of the plan’s drug prior authorization

process upon initial contracting or enrollment and at the time of

enactment of any subsequent changes to the process.
Okla. Stat. tit. 63, § 63-128 — OK Code / Title 63 / Section 63-128
Renumbered as § 128.5 of this title by Laws 1995, c. 344,
Status: in_force

§ 34, eff. Nov. 1, 1995.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1077
Okla. Stat. tit. 63, § 63-1-2563 — OK Code / Title 63 / Section 63-1-2563
Article XIV — Date of implementation of the Interstate Commission for EMS Personnel
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 29Commission for EMS Personnel Practice and associated rules,

withdrawal, and amendment.

ARTICLE XIV

Date of Implementation of the Interstate Commission for EMS

Personnel Practice and Associated Rules, Withdrawal, and Amendment

A. The Compact shall come into effect on the date on which the

compact statute is enacted into law in the tenth member state. The

provisions, which become effective at that time, shall be limited to

the powers granted to the Commission relating to assembly and the

promulgation of rules. Thereafter, the Commission shall meet and

exercise rulemaking powers necessary to the implementation and

administration of the Compact.

B. Any state that joins the Compact subsequent to the

Commission's initial adoption of the rules shall be subject to the

rules as they exist on the date on which the Compact becomes law in

that state. Any rule that has been previously adopted by the

Commission shall have the full force and effect of law on the day

the Compact becomes law in that state.

C. Any member state may withdraw from this Compact by enacting

a statute repealing the same.

1. A member state's withdrawal shall not take effect until six

(6) months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of

the withdrawing state's EMS authority to comply with the

investigative and adverse action reporting requirements of this

Compact prior to the effective date of withdrawal.

D. Nothing contained in this Compact shall be construed to

invalidate or prevent any EMS personnel licensure agreement or other

cooperative arrangement between a member state and a nonmember state

that does not conflict with the provisions of this Compact.

E. This Compact may be amended by the member states. No

amendment to this Compact shall become effective and binding upon

any member state until it is enacted into the laws of all member

states.
Okla. Stat. tit. 63, § 63-2-333 — OK Code / Title 63 / Section 63-2-333
Knowingly selling, transferring, distributing, or
Status: in_force

dispensing products to be used in the production of certain

controlled substances – Penalty - Damages.

A. It shall be unlawful for any person to knowingly sell,

transfer, distribute, or dispense any product containing ephedrine,

pseudoephedrine or phenylpropanolamine, or their salts, isomers or

salts of isomers if the person knows that the purchaser will use the

product as a precursor to manufacture methamphetamine or another

controlled illegal substance or if the person sells, transfers,

distributes or dispenses the product with reckless disregard as to

how the product will be used.

B. A violation of this section shall be a Class B4 felony

offense punishable by imprisonment in the State Penitentiary for a

term of not more than ten (10) years.

Oklahoma Statutes - Title 63. Public Health and Safety Page 977

C. Any person who sells, transfers, distributes, dispenses, or

in any manner furnishes any product containing pseudoephedrine or

phenylpropanolamine, or their salts, isomers, or salts of isomers in

a negligent manner, with knowledge or reason to know that the

product will be used as a precursor to manufacture methamphetamine

or any other illegal controlled substance, or with reckless

disregard as to how the product will be used, shall be liable for

all damages, whether directly or indirectly caused by the sale,

transfer, distribution, dispensation, or furnishing.

1. Such damages may include, but are not limited to, any and

all costs of detecting, investigating, and cleaning up or

remediating clandestine or other unlawfully operated or maintained

laboratories where controlled dangerous substances are manufactured,

any and all costs of prosecuting criminal cases arising from such

manufacture, and any and all consequential and punitive damages

otherwise allowed by law.

2. A civil action to recover damages against persons,

corporations or other entities violating this subsection may be

brought only by the Attorney General, the Director of the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control or by any

district attorney in whose jurisdiction such person may be shown to

have committed such violation. Any funds recovered from such an

action shall be used for payment or reimbursement of costs arising

from investigating or prosecuting criminal or civil cases involving

the manufacture of controlled dangerous substances, for drug

education programs, or for payment or reimbursement of remediating

contaminated methamphetamine laboratory sites.

D. Violation of subsection A or C of this section shall be

considered to affect at the same time an entire community or

neighborhood, or any considerable number of persons, although the

extent of the annoyance or damage inflicted upon the individuals may

be unequal and is subject to the provisions of Section 2 of Title 50

of the Oklahoma Statutes and Section 1397 of Title 12 of the

Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-684.2 — OK Code / Title 63 / Section 63-684.2
Purpose and authorities
Status: in_force

ARTICLE I

Purpose and Authorities

This compact is made and entered into by and between the

participating member states, hereinafter called party states, which

enact this compact. For the purposes of this compact, the term

"states" is taken to mean the several states, the Commonwealth of

Puerto Rico, the District of Columbia, and all U.S. territorial

possessions.

The purpose of this compact is to provide for mutual assistance

between the states entering into this compact in managing any

emergency or disaster that is duly declared by the governor of the

affected state, whether arising from natural or man-made disasters

or emergencies.

This compact shall also provide for mutual cooperation in

emergency-related exercises, testing, or other training activities

using equipment and personnel simulating performance of any aspect

of the giving and receiving of aid by party states or subdivisions

of party states during emergencies, such actions occurring outside

actual declared emergency periods. Mutual assistance in this

compact may include the use of the states' National Guard forces,

either in accordance with the National Guard Mutual Assistance

Compact or by mutual agreement between states.
Okla. Stat. tit. 63, § 63-1-1914.13 — OK Code / Title 63 / Section 63-1-1914.13
Request for alternative informal dispute resolution
Status: in_force

- Meeting with impartial decision-making panel.

Oklahoma Statutes - Title 63. Public Health and Safety Page 693

A. Upon receipt of a request for an alternative informal

dispute resolution from a facility, the State Department of Health

shall assign the matter to an impartial decision-making panel.

B. The Department shall:

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

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

informal dispute resolution.

C. If the request for an alternative informal dispute

resolution includes a request by the facility for a meeting at which

the facility may appear before the decision-making panel, the

Department shall:

1. Arrange for facilities appropriate for conducting the

meeting; and

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

D. Each party shall submit to the impartial decision-making

panel all documentary evidence that the party believes has a bearing

on or relevance to the deficiencies in dispute by the date specified

by the Department.

E. 1. If the request for an alternative informal dispute

resolution does not include a request by the facility for a meeting

at which the facility may appear before the impartial decision-

making panel, or upon agreement of the facility and the Department,

the impartial decision-making panel may conduct the meeting by

telephone conference call or by a review of documentary evidence

submitted by the parties.

2. a. If the alternative informal dispute resolution is

conducted by record review, the impartial decision-

making panel may request, and the facility shall

provide, a written statement setting forth the

facility’s position on accepting, rejecting, or

modifying each deficiency in dispute.

b. The written statement shall specify the documentary

evidence that supports the position of the facility

for each deficiency in dispute.

c. The facility shall provide its written statement to

the impartial decision-making panel and the

Department.

d. The Department shall then provide its written

statement in rebuttal to the impartial decision-making

panel and the facility.
Okla. Stat. tit. 63, § 63-1-2013.1 — OK Code / Title 63 / Section 63-1-2013.1
Renumbered as § 2-7-133 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-879.3 — OK Code / Title 63 / Section 63-1-879.3
Core Neuropathology Laboratory
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 542

A. The State Department of Health shall contract with the

University of Oklahoma Health Sciences Center, if authorized by the

University of Oklahoma Board of Regents, for the development and

enhancement of a Core Neuropathology Laboratory.

B. The Core Neuropathology Laboratory shall be:

1. equipped with sufficient state-of-the-art equipment and

adequate personnel to allow quality diagnosis and efficient handling

of the autopsy specimens; and

2. provided supplies for diagnostic studies for educational

programs and for service to the public.
Okla. Stat. tit. 63, § 63-686.3 — OK Code / Title 63 / Section 63-686.3
Definitions
Status: in_force

As used in this act:

1. ”Emergency” means any occasion or instance for which, in the

determination of the President of the United States or the Governor

of the State of Oklahoma, federal or state assistance is needed to

supplement state and local efforts and capabilities to save lives,

protect property, public health and safety, or to lessen or avert

threat of a catastrophe in any part of the state;

2. “Man-made disaster” means a disaster caused by acts of man

including, but not limited to, an act of war, terrorism, chemical

Oklahoma Statutes - Title 63. Public Health and Safety Page 1262

spill or release, or a power shortage that requires assistance from

outside the local political subdivision; and

3. "Unavailable" means absent from the place of session, other

than on official business of the Legislature, or unable, for

physical, mental or legal reasons, to exercise the powers and

discharge the duties of a legislator, whether or not such absence or

inability would give rise to a vacancy under existing constitutional

or statutory provisions.
Okla. Stat. tit. 63, § 63-1-1453 — OK Code / Title 63 / Section 63-1-1453
Certification
Status: in_force

A. It shall be unlawful for any person to perform medical

micropigmentation or to represent himself or herself as a person

authorized to perform medical micropigmentation:

1. Without having first complied with the provisions of the

Oklahoma Medical Micropigmentation Regulation Act; or

2. Unless otherwise authorized to perform medical

micropigmentation pursuant to the Oklahoma Medical Micropigmentation

Regulation Act.

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

recommendations of the Consumer Protection Licensing Advisory

Council created in Section 44 of this act, shall promulgate rules to

implement the provisions of the Oklahoma Medical Micropigmentation

Regulation Act. The rules shall include rules of practice for

medical micropigmentation training requirements and the

establishment of criteria for the certification of persons

authorized to perform medical micropigmentation.

C. The State Board of Medical Licensure and Supervision, the

State Board of Osteopathic Examiners and the Board of Dentistry may

each promulgate rules relating to the performance of

micropigmentation in physician offices by those physicians subject

to their licensing authority. Such rules shall comply with the

Oklahoma Medical Micropigmentation Regulation Act.
Okla. Stat. tit. 63, § 63-686.7 — OK Code / Title 63 / Section 63-686.7
Effective date of designations and removals - Recording
Status: in_force

Each designation of an emergency interim successor shall become

effective when the legislator or party floor leader making the

designation files with the Secretary of State the successor's name,

address and rank in order of succession. The removal of an

emergency interim successor or change in order of succession shall

become effective when the legislator or party floor leader, so

acting, files this information with the Secretary of State. All

such data shall be open to public inspection. The Secretary of

State shall inform the Governor, the Oklahoma Department of

Emergency Management, the journal clerk of the house concerned and

all emergency interim successors, of all such designations, removals

and changes in order of succession. The journal clerk of each house

shall enter all information regarding emergency interim successors

for the house in its public journal at the beginning of each

legislative session and shall enter all changes in membership or

order of succession as soon as possible after the occurrence.
Okla. Stat. tit. 63, § 63-1-722 — OK Code / Title 63 / Section 63-1-722
Electronic- or computer-generated signatures of
Status: in_force

physician.

Electronic- or computer-generated signatures of a physician are

acceptable as authentication and may be used in any place in the

medical record where a physician's signature is required, including,

but not limited to, all medical orders, if the signature is

generated by a confidential code which only the user possesses and

the following safeguards are adhered to:

1. The physician signs and then files a statement in the

hospital administrator's office which states that:

a. the physician will use an electronic- or computer-

generated signature to authenticate his entries in the

medical record,

b. the signature will be generated by a confidential code

which only the physician possesses, and

c. no person other than the physician will be permitted

to use the signature;

2. The physician's use of an electronic- or computer-generated

signature is approved in writing by the hospital's administrator and

medical record committee;

3. The electronic- or computer-generated signature is the full,

legal name of the physician and includes the physician's

professional title; and

4. Rules and regulations pertaining to electronic-generated

signatures as provided in this act shall be promulgated by the State

Board of Health.
Okla. Stat. tit. 63, § 63-1-229.31 — OK Code / Title 63 / Section 63-1-229.31
Enforcement of act - Enlistment of persons under 21
Status: in_force

years of age.

A. All law enforcement agencies are authorized and empowered to

enforce the provisions of this act. The provisions shall be

enforced in a manner that can reasonably be expected to reduce the

extent to which alcoholic beverages and low-point beer are sold or

distributed to persons under twenty-one (21) years of age.

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

by law enforcement agencies to assist in enforcement. Provided,

however, that such persons may be used to test compliance only if

the testing is conducted under the direct supervision of the law

enforcement agency; provided, written parental consent shall be

obtained prior to the use of any person under the age of eighteen

(18) years. Any other use of persons under twenty-one (21) years of

age to test compliance shall be unlawful and punishable by

assessment of an administrative fine of One Hundred Dollars

($100.00).
Okla. Stat. tit. 63, § 63-2-420 — OK Code / Title 63 / Section 63-2-420
GPS monitoring of persons charged with aggravated
Status: in_force

trafficking - Statistical records.

A. Any person charged with aggravated trafficking pursuant to

Section 2-415 of this title shall not be subject to pretrial release

as specified in Section 1105.3 of Title 22 of the Oklahoma Statutes

and shall not be released on bail without a Global Positioning

System (GPS) monitoring device attached to the person and cost

Oklahoma Statutes - Title 63. Public Health and Safety Page 1007

thereof paid by such person at his or her own expense until after

the conclusion of the criminal case. The Department of Corrections

shall monitor such GPS monitoring device and the person until the

conclusion of the case, and the person shall pay a supervision fee

as provided for other persons subject to supervision by the

Department. At the conclusion of the case, the court shall order

the removal of the GPS monitoring device if the person is acquitted

or is to be incarcerated or the case is dismissed.

B. The Department of Corrections shall maintain statistical

records on any aggravated trafficking offense, including a

calculation of the time period from arrest to disposition, and if

the person is convicted, the term of sentence, length of sentence

actually served in incarceration, amount of the fine imposed,

whether any enhancements or co-occurring offenses were involved,

whether the person is determined upon reception into the custody of

the Department to be an addicted person, and whether the person has

prior convictions by stating the prior offenses.
Okla. Stat. tit. 63, § 63-5012 — OK Code / Title 63 / Section 63-5012
Submission of plans, proposals and recommendations to
Status: in_force

Legislature - Contents.

On or before January 1, 1996, the Authority shall submit plans,

recommendations and proposals to the Governor and the Legislature

regarding state-purchased and state subsidized health care. Said

plans, proposals and recommendations shall include, but not be

limited to:

1. A plan for local and regional health planning for health

care delivery;

2. A proposal for the containment of health care costs;

3. In collaboration with the Oklahoma State Regents, a proposal

for enhancing the number of primary care physicians and physician

extenders graduating from schools in Oklahoma and remaining to

practice within the state. The plan shall include recommendations

for improving access to basic health care through more effective

utilization of allied health care professionals and appropriate

geographic distribution of physicians and other health care

professionals;

4. A plan for facilitating the use of practice parameters based

upon outcomes research;

5. A proposal for the utilization of Resource Based-Relative

Value System for use as a rate schedule by third-party payors and

health care providers; and

6. A plan to reduce liability exposure and expense for all

health care providers.
Okla. Stat. tit. 63, § 63-130 — OK Code / Title 63 / Section 63-130
Renumbered as § 128.6 of this title by Laws 1995, c. 344,
Status: in_force

§ 34, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-1-2501 — OK Code / Title 63 / Section 63-1-2501
Short title
Status: in_force

Sections 1-2502 through 1-2521 of this title shall be known and

may be cited as the "Oklahoma Emergency Response Systems Development

Act".
Okla. Stat. tit. 63, § 63-2053 — OK Code / Title 63 / Section 63-2053
Community defined
Status: in_force

For purposes of this act, community shall be defined as follows:

community shall be an area comprised of all or parts of one or

more counties or a delineated area within one or more municipalities

or counties as determined by the State Board of Health.
Okla. Stat. tit. 63, § 63-2051 — OK Code / Title 63 / Section 63-2051
Citation
Status: in_force

This act shall be cited as the Oklahoma Community Social Service

Centers Act.
Okla. Stat. tit. 63, § 63-685.5 — OK Code / Title 63 / Section 63-685.5
Emergency interim succession to state offices other than
Status: in_force

Governor.

All state officers, other than the Governor, subject to such

regulations as the Governor, or other official authorized under the

Constitution and this act to exercise the powers and discharge the

duties of the Office of Governor, may issue, upon approval of this

act, in addition to any deputy, shall designate, by the title of

their office or position, emergency interim successors and specify

their order of succession. The officer shall review and revise, as

necessary, designations made pursuant to this act to ensure their

current status. The officer shall designate a sufficient number of

such emergency interim successors so that there will be not less

than three nor more than seven deputies or emergency interim

successors or any combination thereof, at any time. In the event

that any state officer is unavailable following an emergency or

disaster, and in the event a deputy, if any, is also unavailable,

the said powers of the office shall be exercised and said duties of

the office shall be discharged by the designated emergency interim

successors in the order specified. The authority of an emergency

successor shall cease:

1. When the incumbent of the office, or a deputy or an interim

successor higher in designation becomes available to exercise the

powers and to perform the duties of the office; or

2. When a successor to the office has been duly elected or

appointed and has qualified according to law.
Okla. Stat. tit. 63, § 63-1-502.3 — OK Code / Title 63 / Section 63-1-502.3
Person withdrawing or testing blood for communicable
Status: in_force

diseases - Civil and criminal liability - Definitions.

A. No person who withdraws or tests blood for human

immunodeficiency virus (HIV), methicillin-resistant staphylococcus

aureus (MRSA), hepatitis or any other communicable disease or

employer of such person or any hospital or health care facility

where blood is withdrawn or tested for HIV, MRSA, hepatitis or any

other communicable disease shall incur any civil or criminal

liability as a result of the proper withdrawal of blood or testing

for HIV, MRSA, hepatitis or any other communicable disease when

acting in compliance with the provisions of this section. The

withdrawal or testing shall be performed in a reasonable manner,

according to generally accepted standards of clinical practice. The

person, employer or facility shall be presented with:

1. A written statement by the person whose blood is to be

withdrawn and tested; or

2. A written statement from a health care or emergency care

worker verifying that the health care or emergency care worker in an

occupational setting has been exposed to the bodily fluids of the

person whose blood is to be withdrawn and tested, which exposure

placed the health care or emergency care worker at risk for transfer

of the bodily fluids; or

3. An order from a court of competent jurisdiction that blood

be withdrawn and tested.

When presented with such a statement or court order, the person

authorized to withdraw the blood, the employer and the hospital or

other health care facility where the withdrawal or testing occurs

Oklahoma Statutes - Title 63. Public Health and Safety Page 213

may rely on such statement or order as evidence that the person has

consented to or has been required to submit to the clinical

procedure and shall not be required to obtain any additional

consent, acknowledgement or waiver form. In such case, the person

authorized to perform the procedure, the employer of such person,

and the hospital or other health care facility shall not be liable

in any action alleging lack of consent or lack of informed consent.

B. No person specified in this section shall incur any civil or

criminal liability for:

1. Providing results of the testing to:

a. the person whose blood was tested,

b. the person incurring the exposure,

c. the funeral director or embalmer who will be or is

preparing the body of a person who has been tested

pursuant to this section for burial or other

disposition, or

d. the State Department of Health or such agency it may

designate;

2. Not providing the results of the testing to any other

person; or

3. Failing to diagnose or falsely diagnosing the presence of

HIV, MRSA, hepatitis or any other communicable disease where the

procedure was performed in a reasonable manner according to

generally accepted standards of clinical practice.

C. For the purposes of this section:

1. "Bodily fluids" means fluids which have been medically

proven and medically accepted as transmitters or conductors of HIV,

MRSA, hepatitis or any other communicable disease; and

2. "Health care worker" or "emergency care worker" means one of

the persons specified in subsection A of Section 1-502.1 of this

title.
Okla. Stat. tit. 63, § 63-1-2530 — OK Code / Title 63 / Section 63-1-2530
Short title
Status: in_force

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

Systems Improvement and Development Act”.
Okla. Stat. tit. 63, § 63-685.9 — OK Code / Title 63 / Section 63-685.9
Limitation on exercise of powers and duties by interim
Status: in_force

successors and special emergency judges - Termination of authority

by Legislature.

Officials authorized to act as Governor pursuant to this act,

emergency interim successors and special emergency judges are

empowered to exercise the powers and discharge the duties of an

office as herein authorized only after an emergency or disaster

occurs in the United States, as defined herein, has occurred. The

Legislature by concurrent resolution may, at any time, terminate the

authority of said emergency interim successors and special emergency

judges to exercise the powers and discharge the duties of office as

herein provided.
Okla. Stat. tit. 63, § 63-1-728e — OK Code / Title 63 / Section 63-1-728e
Discrimination - Circumstances - Prohibitions
Status: in_force

A. No health care facility, school, or employer shall

discriminate against any person with regard to admission, hiring or

firing, tenure, term, condition, or privilege of employment, student

status, or staff status on the ground that the person refuses or

states an intention to refuse, whether or not in writing, to

participate in an activity specified in Section 3 of this act, if

the refusal is based on religious or moral precepts.

B. No person shall be required to:

1. Participate in an activity specified in Section 3 of this

act if the individual's participation in the activity is contrary to

the person's religious beliefs or moral convictions;

2. Make facilities available for an individual to participate

in an activity specified in Section 3 of this act if the person

prohibits the activity from taking place in the facilities on the

basis of religious beliefs or moral convictions; or

3. Provide any personnel to participate in an activity

specified in Section 3 of this act if the activity is contrary to

the religious beliefs or moral convictions of the personnel.
Okla. Stat. tit. 63, § 63-1-732 — OK Code / Title 63 / Section 63-1-732
Viable fetus - Grounds to abort - Procedure
Status: in_force

A. No person shall perform or induce an abortion upon a

pregnant woman after such time as her unborn child has become viable

unless such abortion is necessary to prevent the death of the

pregnant woman or to prevent impairment to her health.

B. An unborn child shall be presumed to be viable if more than

twenty-four (24) weeks have elapsed since the probable beginning of

the last menstrual period of the pregnant woman, based upon either

information provided by her or by an examination by her attending

physician. If it is the judgment of the attending physician that a

particular unborn child is not viable where the presumption of

viability exists as to that particular unborn child, then he shall

certify in writing the precise medical criteria upon which he has

determined that the particular unborn child is not viable before an

abortion may be performed or induced.

C. No abortion of a viable unborn child shall be performed or

induced except after written certification by the attending

physician that in his best medical judgment the abortion is

necessary to prevent the death of the pregnant woman or to prevent

an impairment to her health. The physician shall further certify in

writing the medical indications for such abortion and the probable

health consequences if the abortion is not performed or induced.

D. The physician who shall perform or induce an abortion upon a

pregnant woman after such time as her unborn child has become viable

shall utilize the available method or technique of abortion most

likely to preserve the life and health of the unborn child, unless

he shall first certify in writing that in his best medical judgment

such method or technique shall present a significantly greater

danger to the life or health of the pregnant woman than another

available method or technique.

E. An abortion of a viable unborn child shall be performed or

induced only when there is in attendance a physician other than the

physician performing or inducing the abortion who shall take control

of and provide immediate medical care for the child. During the

performance or inducing of the abortion, the physician performing

it, and subsequent to it, the physician required by this section to

be in attendance, shall take all reasonable steps in keeping with

good medical practice, consistent with the procedure used, to

preserve the life and health of the child, in the same manner as if

the child had been born naturally or spontaneously. The requirement

of the attendance of a second physician may be waived when in the

Oklahoma Statutes - Title 63. Public Health and Safety Page 312

best judgment of the attending physician a medical emergency exists

and further delay would result in a serious threat to the life or

physical health of the pregnant woman. Provided that, under such

emergency circumstances and waiver, the attending physician shall

have the duty to take all reasonable steps to preserve the life and

health of the child before, during and after the abortion procedure,

unless such steps shall, in the best medical judgment of the

physician, present a significantly greater danger to the life or

health of the pregnant woman.

F. Any person violating subsection A of this section shall be

guilty of homicide.
Okla. Stat. tit. 63, § 63-1-1301.16 — OK Code / Title 63 / Section 63-1-1301.16
Renumbered as § 7-416 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-2-424 — OK Code / Title 63 / Section 63-2-424
Persons who may bring action - Persons liable - Damages
Status: in_force

recoverable.

A. One or more of the following persons may bring an action for

damages caused by use of an illegal drug by an individual:

1. A parent, legal guardian, child, spouse, or sibling of the

individual drug user;

2. An individual who was exposed to an illegal drug in utero;

3. An employer of the individual drug user; and

4. A medical facility, insurer, governmental entity, employer,

or other entity that funds a drug treatment program or employee

assistance program for the individual drug user or that otherwise

expended money on behalf of the individual drug user.

B. A person entitled to bring an action under this section may

seek damages from one or more of the following:

1. A person who knowingly distributed, or knowingly

participated in the chain of distribution of, an illegal drug that

was actually used by the individual drug user;

2. A person who knowingly participated in the illegal drug

market if:

a. the place of the illegal drug activity by the

individual drug user is within the illegal drug market

target community of the defendant,

b. the participation of the defendant in the illegal drug

market was connected with the same type of illegal

drug used by the individual user, and

c. the defendant participated in the illegal drug market

at any time during the illegal drug use of the

individual user.

C. A person entitled to bring an action under this section may

recover all of the following damages:

1. Economic damages including, but not limited to, the cost of

treatment and rehabilitation, medical expenses, loss of economic or

educational potential, loss of productivity, absenteeism, support

Oklahoma Statutes - Title 63. Public Health and Safety Page 1010

expenses, accidents or injury, and any other pecuniary loss

proximately caused by the illegal drug use;

2. Noneconomic damages, including, but not limited to, physical

and emotional pain, suffering, physical impairment, emotional

distress, mental anguish, disfigurement, loss of enjoyment, loss of

companionship, services and consortium, and other nonpecuniary

losses proximately caused by an individual's use of an illegal drug;

3. Exemplary damages;

4. Reasonable attorney fees; and

5. Cost of suit, including but not limited to, reasonable

expenses for expert testimony.
Okla. Stat. tit. 63, § 63-1-216 — OK Code / Title 63 / Section 63-1-216
Agreements with other municipalities, agencies and
Status: in_force

organizations.

The city-county board of health in any county wherein a city-

county health department has been created as hereinbefore provided

shall, subject to the approval of the board of county commissioners

of the county and the governing body of the city which created and

operates such city-county health department, have authority to enter

into agreements with other counties, cities, towns, school

districts, the State Health Department, the Department of

Environmental Quality, or any state agency or institution, or

philanthropic, voluntary or charitable organization, for the

operation of the health department and the administering of health

or environmental, as appropriate, services of such county, city,

town, school district, agency or institution by such city-county

health department, and may provide in the agreement for contribution

by such participating body to the financial support of the city-

county health department.
Okla. Stat. tit. 63, § 63-2170 — OK Code / Title 63 / Section 63-2170
Violations - Penalties
Status: in_force

Any violation of this act shall be a misdemeanor and upon

conviction thereof, shall result in a fine of not more than Five

Hundred Dollars ($500.00).
Okla. Stat. tit. 63, § 63-1-234.1 — OK Code / Title 63 / Section 63-1-234.1
Breast-feeding – Declaration as right
Status: in_force

The Legislature hereby declares that breast-feeding a baby

constitutes a basic act of nurturing to which every baby has a right

and which should be encouraged in the interests of maternal and

child health. In furtherance of this right, a mother may breast-

feed her baby in any location where the mother is otherwise

authorized to be. Breast-feeding shall not constitute a violation

of any provision of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-5030.4A — OK Code / Title 63 / Section 63-5030.4A
Disease state management programs – Feasibility study
Status: in_force

A. The Oklahoma Health Care Authority shall study the

feasibility of implementing one or more disease state management

programs.

B. The components of the study shall include, but not be

limited to:

1. A description and assessment of the findings, costs of the

program, savings incurred and estimated costs and savings of an

expansion of the pilot program for asthma disease state management

developed by the Authority;

2. An overview of disease state management programs for

enrollees of health management organizations contracting with the

Authority pursuant to the Sooner Care Plus Program;

3. An assessment of the adaptability of such disease state

management programs for the Medicaid fee-for-service population;

4. An overview of representative vendors of the disease state

management programs, including their characteristics, capabilities

and charges for products and services;

5. An overview and assessment of the disease state management

pilot project developed by the Oklahoma State Education Employees

Government Insurance Board; and

6. A record, if available, of the savings generated by disease

state management programs in other states by pharmaceutical

manufacturers for Medicaid fee-for-service recipients.

C. The study shall be under the joint direction of the Disease

State Management Director and the Pharmacy Director of the Oklahoma

Health Care Authority. The Directors shall consult with the

following entities as they deem necessary:

1. Medical, pharmacy, and nursing professionals who are

experienced in disease state management programs;

2. Appropriate pharmaceutical manufacturers in connection with

study components outlined in paragraphs 4 and 5 of subsection B of

this section;

3. Disease state management vendors; and

4. Other resources as necessary including, but not limited to,

health care advocates.

D. The Oklahoma Health Care Authority shall submit periodic

progress reports to the Joint Legislative Oversight Committee. The

Oklahoma Health Care Authority shall publish and submit a final

report by December 1, 2002, to the Speaker of the Oklahoma House of

Representatives, the President Pro Tempore of the Senate, the

Governor, and the chair of the Health and Social Services

Subcommittee of the Appropriation and Budget Committee of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1737

Oklahoma House of Representatives and of the Health and Social

Services Subcommittee of the Committee on Appropriations of the

Oklahoma State Senate.

E. As used in this section, "disease state management program"

means an integrated system of interventions, measurements and

refinements of health care delivery that include:

1. Patient education and involvement in self-care techniques;

2. Clinical policies/best practices that extend across the

entire continuum of care;

3. Outpatient drug management;

4. Clinical information systems with the capacity to identify,

classify, and track defined patient populations;

5. Informed support of physicians;

6. Team-oriented multidisciplinary approach; and

7. Feedback or continuous review.
Okla. Stat. tit. 63, § 63-1-740.4 — OK Code / Title 63 / Section 63-1-740.4
Illegal abortion on unemancipated minor - Criminal and
Status: in_force

civil liability.

Performance of an abortion in knowing or reckless violation of

Sections 1-740.1 through 1-740.5 of this title shall be a

misdemeanor. Performance of an abortion in violation of Sections 1-

740.1 through 1-740.5 of this title shall be grounds for actual and

punitive damages in a civil action pursuant to Sections 1-738.3f

through 1-738.3k of this title.
Okla. Stat. tit. 63, § 63-1-218 — OK Code / Title 63 / Section 63-1-218
Annual budget
Status: in_force

The city-county board of health, in cooperation with the

Director of the city-county health department, shall prepare an

Oklahoma Statutes - Title 63. Public Health and Safety Page 113

annual budget for the operation of the city-county health department

and submit the same, together with recommendations as to the

respective contributions, to the board of county commissioners and

to each city, town, school district or other agency or organization

participating in the operation of such city-county health department

as hereinabove provided. Such budget and recommendations shall act

as a guide to such participants in providing for the operating and

financing of such city-county health department for the current or

ensuing fiscal year.
Okla. Stat. tit. 63, § 63-100 — OK Code / Title 63 / Section 63-100
Effect of partial unconstitutionality
Status: in_force

The Legislature declares that if any portion of this act is

determined to be unconstitutional, it would nevertheless have

enacted all of the remaining portion of this act, and no such

decision shall invalidate the entire act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1063
Okla. Stat. tit. 63, § 63-1-741 — OK Code / Title 63 / Section 63-1-741
Abortions - Refusal to perform or participate -
Status: in_force

Exemptions.

A. No private hospital, hospital director or governing board of

a private hospital in Oklahoma, is required to permit abortions to

be performed or induced in such hospital. Refusal to permit an

abortion, in accordance with a standard policy, is not grounds for

civil liability nor a basis for disciplinary or other recriminatory

action.

B. No person may be required to perform, induce or participate

in medical procedures which result in an abortion which are in

preparation for an abortion or which involve aftercare of an

Oklahoma Statutes - Title 63. Public Health and Safety Page 381

abortion patient, except when the aftercare involves emergency

medical procedures which are necessary to protect the life of the

patient, and refusal to perform or participate in such medical

procedures is not grounds for civil liability nor a basis for

disciplinary or other recriminatory action.

C. The rights and immunities granted by this section shall not

include medical procedures in which a woman is in the process of the

spontaneous, inevitable abortion of an unborn child, the death of

the child is imminent, and the procedures are necessary to prevent

the death of the mother.
Okla. Stat. tit. 63, § 63-2561 — OK Code / Title 63 / Section 63-2561
Legislative findings and declarations
Status: in_force

The Legislature finds and declares that:

1. Physical and mental disabilities, age or chronic illness

should in no way diminish a person's right to life, human dignity

and equal access to medical care;

2. Historically, persons with disabilities, advanced age or

chronic illness have faced discrimination in the health care system,

including the denial of access to life-sustaining care;

3. Such discrimination is inconsistent with our society's

commitment to human dignity and the full inclusion of persons with

disabilities throughout society;

4. Lack of access to appropriate health care can result in

significant adverse health consequences for persons with

disabilities, those with chronic illness, and those of advanced age,

including loss of function, reduced quality of life or even death;

and

5. Both public and private payors have a moral, legal and

ethical obligation to make health care reimbursement decisions in a

transparent fashion utilizing nondiscriminatory criteria.
Okla. Stat. tit. 63, § 63-1-745.60 — OK Code / Title 63 / Section 63-1-745.60
Application with other state abortion laws
Status: in_force

This act shall not affect any provision of state law that

regulates or prohibits abortion including, but not limited to, any

provision that restricts or regulates an abortion by a particular

method or during a particular stage of pregnancy.
Okla. Stat. tit. 63, § 63-1-123.1 — OK Code / Title 63 / Section 63-1-123.1
Transfer of powers, duties, etc. from Oklahoma Health
Status: in_force

Care Authority to State Department of Health.

Effective July 1, 1998, all powers, duties, functions, personnel

and responsibilities vested in the Oklahoma Health Care Authority

for operation of the Oklahoma Health Care Information Systems Act

shall be transferred to the State Department of Health.
Okla. Stat. tit. 63, § 63-4020 — OK Code / Title 63 / Section 63-4020
Notice of registration requirements
Status: in_force

Service Oklahoma shall notify through the mail, or via

electronic mail, all persons who have not opted out of the

notification system within the state who have previous vessel or

motor registrations on record of the period for registration that

are due to be registered in July of that year. Persons choosing to

receive such annual notification through the mail shall be assessed

an annual fee of fifty cents ($0.50), notwithstanding the provisions

of Section 1114.1 of Title 47 of the Oklahoma Statutes, which shall

be used by Service Oklahoma for printing and mailing of renewal

notifications. Members of the Armed Forces of the United States,

the Reserve Corps of the Armed Forces of the United States, and the

Oklahoma National Guard and their spouses eligible for the military

Oklahoma Statutes - Title 63. Public Health and Safety Page 1626

registration fee, as provided in Section 4021 of this title, shall

receive a renewal notification without payment of such fee. The

printed notice shall contain all necessary information for such

registration including a breakdown of all charges to be paid by the

owner. The breakdown of the charges to be paid by the owner shall

include the charges an owner would pay to register the vessel or

motor for a one-year period and the charges an owner would pay to

register the vessel or motor for a three-year period. Use of a

postcard or electronic mail-type renewal notice is specifically

permitted. The content and form of the notice shall also contain

instructions as to the procedure for renewal upon presentation to a

licensed operator or by return mail to Service Oklahoma's state

office. Service Oklahoma shall provide information on its public

website instructing persons on the procedure for obtaining an annual

notification via electronic mail, free of charge, outlining all

charges and fees associated with the registration of vessels and

motors, as well as an explanation of the apportionment of vessel and

motor registration fees and penalties. The cost of mailing shall be

One Dollar ($1.00) for titles or other forms or devices required by

the Oklahoma Vessel and Motor Registration Act. Provided, that

Service Oklahoma may adjust any mailing costs as deemed appropriate

to allow for increased or additional fees charged by the United

States Postal Service.

Failure by any applicant to receive notification of renewal as

provided by this section shall not excuse the applicant from

properly obtaining any registration at the proper time by presenting

proof of ownership to Service Oklahoma's state office or to a

licensed operator.
Okla. Stat. tit. 63, § 63-1-1610 — OK Code / Title 63 / Section 63-1-1610
Inspections of records
Status: in_force

For the purpose of enforcing the provisions of this Article,

carriers engaged in commerce, and persons receiving hazardous

substances in commerce or holding such products so received, shall

upon the request of an officer or employee duly designated by the

State Commissioner of Health permit such officer or employee, at

reasonable times, to have access to and to copy all records showing

the movement in commerce of any hazardous substance or the holding

thereof during or after such movement, and the quantity, shipper,

and consignee thereof; and it shall be unlawful for any such carrier

or person to fail to permit such access to and copying of any such

records so requested when such request is accompanied by a statement

in writing specifying the nature or kind of hazardous substance to

which such request relates; provided, that evidence obtained under

this section shall not be introduced in a criminal prosecution of

the person from whom obtained.
Okla. Stat. tit. 63, § 63-1-2307 — OK Code / Title 63 / Section 63-1-2307
Renumbered as § 2-10-803 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1123 — OK Code / Title 63 / Section 63-1-1123
Examination of plant
Status: in_force

Upon receipt of an application for license for a new frozen food

locker plant, or branch plant, the State Commissioner of Health

shall require that, within thirty (30) days, an inspection be made

of the locker plant or branch locker plant, its equipment,

facilities, surrounding premises, slaughtering facilities, and

similar items, and, if its operations, construction and equipment

comply with the provisions of law and the authorized rules and

regulations of the State Board of Health applicable to such plants,

the Commissioner shall issue such license.
Okla. Stat. tit. 63, § 63-1-744.5 — OK Code / Title 63 / Section 63-1-744.5
Criminal and civil liability
Status: in_force

Performance of an abortion in knowing or reckless violation of

this act shall be a misdemeanor. Performance of an abortion in

violation of this act shall be grounds for a civil action pursuant

to Sections 1-738.3f through 1-738.3k of Title 63 of the Oklahoma

Statutes.
Okla. Stat. tit. 63, § 63-1-105d — OK Code / Title 63 / Section 63-1-105d
Tobacco Prevention and Cessation Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the State Department of Health, to be designated the "Tobacco

Prevention and Cessation Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies deposited to the credit of the fund by law.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the State

Department of Health for purposes of paragraph 2 of subsection C of

Section 1, Chapter 340, O.S.L. 2000. Expenditures from the fund

shall be made upon warrants issued by the State Treasurer against

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

Management and Enterprise Services for approval and payment.

Oklahoma Statutes - Title 63. Public Health and Safety Page 71
Okla. Stat. tit. 63, § 63-2063a — OK Code / Title 63 / Section 63-2063a
Short title — Oklahoma Community Health Worker Act
Status: in_force

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

Community Health Worker Act”.
Okla. Stat. tit. 63, § 63-1-2722 — OK Code / Title 63 / Section 63-1-2722
Amount of educational loan repayment award
Status: in_force

The amount of the award of educational loan repayment assistance

shall not exceed any maximum or minimum amount as promulgated by

rules of the Health Care Workforce Training Commission pursuant to

the Oklahoma Medical Loan Repayment Program. The actual amount of

the award shall be based upon a determination of:

1. Actual funds available to the program for expenditure; and

2. The existing student loan indebtedness of the participating

physician, physician assistant, or certified nurse practitioner.
Okla. Stat. tit. 63, § 63-3202 — OK Code / Title 63 / Section 63-3202
Definitions
Status: in_force

A. As used in the University Hospitals Authority Act:

1. "University Hospitals" include University Hospital, Oklahoma

Children's Hospital and any and all inpatient and outpatient

hospital and clinical facilities and office and research buildings,

facilities or property owned by or under the management and control

of the University Hospitals Authority or the University Hospitals

Trust;

2. "Authority" means the University Hospitals Authority;

3. "Department" means the Department of Human Services;

4. "Commission" means the Commission for Human Services or the

Oklahoma Public Welfare Commission;

5. "University Hospital" means the inpatient and outpatient

hospital and clinical facilities and office and research buildings,

facilities or property assigned for the use of University Hospital

by the University Hospitals Authority; and

6. "Oklahoma Children's Hospital " means the inpatient and

outpatient hospital and clinical facilities and office and research

buildings, facilities or property assigned for the use of Oklahoma

Children's Hospital by the University Hospitals Authority. Any

statutory reference to "Children's Hospital of Oklahoma" or

"Children's Hospital" shall be construed to refer to Oklahoma

Children's Hospital as defined in this section.

B. The University Hospitals Authority may assign any inpatient

and outpatient hospital and clinical facilities, research buildings,

facilities or property and any other buildings, facilities or

property under its ownership or management and control to University

Hospital, Oklahoma Children's Hospital or any other division or

entity which is part of University Hospitals.

C. No person or entity shall use the title "Oklahoma Children's

Hospital" or "Children's Hospital of Oklahoma" for any purpose

without the express permission of the University Hospitals Trust.

No person or entity shall use the title "Children's Hospital" with

respect to Children's Hospital of Oklahoma as defined in this

section without the express permission of the University Hospitals

Trust.
Okla. Stat. tit. 63, § 63-3209 — OK Code / Title 63 / Section 63-3209
Determination of criteria and standards for medicaid
Status: in_force

recipients and indigents - Medicaid eligibility office staff.

The Department of Human Services or the successor agency

responsible for Medicaid shall continue to determine eligibility

criteria and standards for Medicaid recipients and indigents and

continue to staff a Medicaid eligibility office at the University

Hospitals.
Okla. Stat. tit. 63, § 63-1-1406 — OK Code / Title 63 / Section 63-1-1406
Prosecution for violations
Status: in_force

It shall be the duty of each district attorney to whom the

Commissioner of Health reports any violation of this act to cause

appropriate proceedings to be instituted in the proper courts

without delay and to be prosecuted in the manner required by law.
Okla. Stat. tit. 63, § 63-1-1924.1 — OK Code / Title 63 / Section 63-1-1924.1
Notification of clergy upon impending death
Status: in_force

A. Nursing home personnel shall notify clergy of the faith of a

patient, upon the impending death of the patient, when practicable.

B. The State Department of Health shall not use the provisions

of subsection A of this section for any purpose relating to

inspections or investigations.
Okla. Stat. tit. 63, § 63-1-737.8 — OK Code / Title 63 / Section 63-1-737.8
Definitions
Status: in_force

For the purposes of the Oklahoma Unborn Child Protection from

Dismemberment Abortion Act:

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

medicine, drug, or any other substance or device:

a. to purposely kill the unborn child of a woman known to

be pregnant, or

b. to purposely terminate the pregnancy of a woman known

to be pregnant, with a purpose other than:

(1) after viability to produce a live birth and

preserve the life and health of the child born

alive, or

(2) to remove a dead unborn child;

2. "Attempt to perform an abortion" means to do or omit to do

anything that, under the circumstances as the actor believes them to

be, is an act or omission constituting a substantial step in a

course of conduct planned to culminate in the actor performing an

abortion. Such substantial steps include, but are not limited to:

a. agreeing with an individual to perform an abortion on

that individual or on some other person, whether or

not the term "abortion" is used in the agreement, and

whether or not the agreement is contingent on another

Oklahoma Statutes - Title 63. Public Health and Safety Page 317

factor such as receipt of payment or a determination

of pregnancy, or

b. scheduling or planning a time to perform an abortion

on an individual, whether or not the term "abortion"

is used, and whether or not the performance is

contingent on another factor such as receipt of

payment or a determination of pregnancy.

This definition shall not be construed to require that an abortion

procedure actually must be initiated for an attempt to occur;

3. "Dismemberment abortion" means, with the purpose of causing

the death of an unborn child, purposely to dismember a living unborn

child and extract him or her one piece at a time from the uterus

through use of clamps, grasping forceps, tongs, scissors or similar

instruments that, through the convergence of two rigid levers,

slice, crush, and/or grasp a portion of the unborn child's body to

cut or rip it off. This definition does not include an abortion

which uses suction to dismember the body of the developing unborn

child by sucking fetal parts into a collection container;

4. "Physician" means a person licensed to practice medicine and

surgery or osteopathic medicine and surgery, or otherwise legally

authorized to perform an abortion;

5. "Purposely" means the following: A person acts purposely

with respect to a material element of an offense when:

a. if the element involves the nature of his or her

conduct or a result thereof, it is his or her

conscious objective to engage in conduct of that

nature or to cause such a result, and

b. if the element involves the attendant circumstances,

he or she is aware of the existence of such

circumstances or he or she believes or hopes that they

exist;

6. "Serious health risk to the unborn child's mother" means

that in reasonable medical judgment she has a condition that so

complicates her medical condition that it necessitates the abortion

of her pregnancy to avert her death or to avert serious risk of

substantial and irreversible physical impairment of a major bodily

function, not including psychological or emotional conditions. No

such condition may be determined to exist if it is based on a claim

or diagnosis that the woman will engage in conduct which she intends

to result in her death or in substantial and irreversible physical

impairment of a major bodily function; and

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

reached the age of majority.
Okla. Stat. tit. 63, § 63-1-312 — OK Code / Title 63 / Section 63-1-312
Infant of unknown parentage
Status: in_force

A. Whoever assumes the custody of a living infant of unknown

parentage shall report, on a form and in the manner prescribed by

the Commissioner of Health within seven (7) days to the Commissioner

of Health, the following information:

1. The date and place of finding;

2. Sex, color or race, and approximate age of child;

3. Name and address of the persons or institution with whom the

child has been placed for care; and

4. Other data required by the Commissioner.

B. The place where the child was found shall be entered as the

place of birth and the date of birth shall be determined by

approximation.

C. A report registered under this section shall constitute the

certificate of birth for the infant.

D. If the child is identified and a certificate of birth is

found or obtained, any report registered under this section shall be

sealed and filed and may be opened only by order of a court of

competent jurisdiction.

Oklahoma Statutes - Title 63. Public Health and Safety Page 181
Okla. Stat. tit. 63, § 63-2052 — OK Code / Title 63 / Section 63-2052
Purpose
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1334

It is the purpose of this act to provide and aid in providing in

Oklahoma communities suitable and adequate space for housing state

departments and other governmental and nongovernmental entities

which provide social and/or health services for individuals or

groups.
Okla. Stat. tit. 63, § 63-1077 — OK Code / Title 63 / Section 63-1077
Transfer of possession or title to federal government
Status: in_force

In any contract with the federal government for annual

contributions to any authority the authority may obligate itself,

which obligation shall be specifically enforceable and shall not

constitute a mortgage, notwithstanding any other laws, to convey to

the federal government possession of or title to the project to

which such contract relates, upon the occurrence of a substantial

default, as defined in such contract, with respect to the covenants

and conditions to which the authority is subject; such contract may

further provide that in case of such conveyance, the federal

government may complete, operate, manage, lease, convey, or

otherwise deal with the project and funds in accordance with the

terms of such contract; provided, that the contract requires that,

as soon as practicable after the federal government is satisfied

that all defaults with respect to the project have been cured and

that the project will thereafter be operated in accordance with the

terms of the contract, the federal government shall reconvey to the

authority the project as then constituted.
Okla. Stat. tit. 63, § 63-3279 — OK Code / Title 63 / Section 63-3279
Oklahoma State University Medical Authority Agency
Status: in_force

Special Account - Official Depository Account - Bond coverage.

A. The funds deposited in the Oklahoma State University Medical

Authority Agency Special Account created in subsection B of this

section shall be invested by the State Treasurer in the manner

provided for by law. The return on such investments shall be

credited to the accounts of the Authority.

B. There is hereby created in the State Treasury an Official

Depository Account for the Oklahoma State University Medical

Oklahoma Statutes - Title 63. Public Health and Safety Page 1586

Authority, to be designated the Oklahoma State University Medical

Authority Agency Special Account. The Official Depository Account

shall consist of an agency clearing account and an agency special

account. All revenues, except federal entitlements and state

appropriations, generated by the Oklahoma State University Medical

Authority shall be deposited in these accounts.

C. The Authority shall be subject to blanket bond coverage as

provided in Sections 85.26 through 85.31 of Title 74 of the Oklahoma

Statutes, provided the Authority shall be authorized to purchase

increased amounts of fidelity bond coverage for employees for whom

it is deemed necessary by the Authority. When the amount listed in

Section 85.29 of Title 74 of the Oklahoma Statutes is deemed

inadequate, the cost of increased coverage shall be borne by the

Authority.
Okla. Stat. tit. 63, § 63-3091.1 — OK Code / Title 63 / Section 63-3091.1
Short title - Right to Try Act
Status: in_force

This act shall be known and may be cited as the "Right to Try

Act".
Okla. Stat. tit. 63, § 63-427.24 — OK Code / Title 63 / Section 63-427.24
Tagging and embargo of products deemed in violation –
Status: in_force

Disposal – Court action to condemn and destroy embargoed products.

A. Whenever an authorized agent of the Oklahoma Medical

Marijuana Authority finds, in whole or in part, that the medical

marijuana or medical marijuana product fails to meet the

requirements of Sections 420 through 426.1 of this title or the

Oklahoma Medical Marijuana and Patient Protection Act as it relates

to health and safety, the medical marijuana or medical marijuana

product is handled in violation of applicable laws or rules and

regulations promulgated by the Executive Director of the Authority,

or the medical marijuana or medical marijuana product may be

poisonous, deleterious to health or is otherwise unsafe, an

electronic or physical tag or other appropriate marking or hold

shall be affixed to the medical marijuana or medical marijuana

product which shall give notice that the medical marijuana or

medical marijuana product is or is suspected of being manufactured,

produced, transferred, sold or offered for sale in violation of

applicable laws or rules and regulations promulgated by the

Executive Director and is embargoed. The notice shall further

provide a warning to all persons not to remove or dispose of the

medical marijuana or medical marijuana product until permission for

removal or disposal is given by the Executive Director. It shall be

unlawful for any person to remove or dispose of the medical

marijuana or medical marijuana product embargoed without permission

by the Executive Director.

B. If the Executive Director finds that medical marijuana or

medical marijuana product embargoed pursuant to subsection A of this

section does not meet the requirements of applicable laws or rules

and regulations promulgated by the Executive Director, or is

poisonous, deleterious to health or otherwise unsafe, the Executive

Director may institute an action in the district court in whose

Oklahoma Statutes - Title 63. Public Health and Safety Page 1195

jurisdiction the medical marijuana or medical marijuana product is

embargoed for the condemnation and destruction of the medical

marijuana or medical marijuana product. If the Executive Director

finds that the medical marijuana or medical marijuana product

embargoed does meet the requirements of applicable laws and the

rules and regulations promulgated by the Executive Director and is

not poisonous, deleterious to health or otherwise unsafe, the

Executive Director shall remove the embargo. In any court

proceeding regarding an embargo, neither the Authority or the

Executive Director shall be held liable if the court finds

reasonable belief for the embargo.

C. Except as otherwise provided in subsection D of this

section, if the court finds that the embargoed medical marijuana or

medical marijuana product, in whole or in part, is in violation of

any applicable laws or rules and regulations promulgated by the

Executive Director or is poisonous, deleterious to health or

otherwise unsafe, the medical marijuana or medical marijuana product

shall be destroyed at the expense of the defendant under the

supervision of the Executive Director. All court costs, fees, costs

of storage and disposal and other proper expenses shall be paid by

the defendant of the medical marijuana or medical marijuana product.

D. The court may order that the medical marijuana or medical

marijuana product be delivered to the defendant for appropriate

labeling or processing under the supervision of the Executive

Director only if:

1. The violation can be corrected by proper processing of

medical marijuana or medical marijuana product;

2. All costs, fees and expenses have been paid; and

3. A sufficient bond is executed and conditioned for

appropriate labeling or processing as the court may require.

The expense of supervision shall be paid to the Executive

Director by the person obtaining release of the medical marijuana or

medical marijuana product under bond.
Okla. Stat. tit. 63, § 63-683.33 — OK Code / Title 63 / Section 63-683.33
Power to make contracts and agreements
Status: in_force

The Director of the Oklahoma Department of Emergency Management

may make and enter into all contracts and agreements necessary or

incidental to the performance of its duties and the provisions of

the Oklahoma Volunteerism Act.
Okla. Stat. tit. 63, § 63-3221 — OK Code / Title 63 / Section 63-3221
University Hospitals Authority Disbursing Fund
Status: in_force

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

fund for the University Hospitals Authority, to be designated the

"University Hospitals Authority Disbursing Fund". The fund shall be

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

consist of appropriated revenues, revenues earned by the Authority,

donations and federal entitlements. All monies accruing to the

credit of said fund are hereby appropriated and may be budgeted and

expended by the University Hospitals Authority.

B. Following the execution of a lease of real properties under

the jurisdiction of the University Hospitals Authority to the

University Hospitals Trust pursuant to Section 3226 of this title,

monies from the fund may be expended by the Authority for the fiscal

year ending June 30, 1998, for the operations of the Authority after

the execution of the lease to the University Hospitals Trust for

payment of any costs to the Authority associated with the transfer

of operations of facilities under the jurisdiction of the Authority,

and legal obligations of the Authority. After July 1, 1998, the

operation of the Authority may be funded from the interest earned by

the fund.

C. After July 1, 2010, the principal and interest earned on the

fund may be expended by the Authority for the operation of the

Authority and for the completion of the mission of the Authority.

D. It is the intent of the Legislature to restore the fund to

the June 30, 2010, balance in the event that the state resumes

operations of any of the facilities operated by the Authority prior

to a lease being executed.
Okla. Stat. tit. 63, § 63-1-1916.1 — OK Code / Title 63 / Section 63-1-1916.1
Violations - Penalties - Criteria for determination
Status: in_force

of amount of penalty - Appeal - Surrender of license.

A. Any person who has been determined by the State Department

of Health to have violated any provision of the Nursing Home Care

Act or any rule promulgated or order issued pursuant to the

provisions of the Nursing Home Care Act, may be liable for an

administrative penalty for each day that said violation or

violations continue to exist. Penalties of not less than Fifty

Dollars ($50.00) per day or more than Three Thousand Dollars

($3,000.00) per day may be imposed for deficiencies that do not

constitute immediate jeopardy to residents. Penalties of not less

than Three Thousand Fifty Dollars ($3,050.00) per day or more than

Ten Thousand Dollars ($10,000.00) per day may be imposed for

deficiencies constituting immediate jeopardy to residents; provided,

however, that specialized facilities for the developmentally

disabled or nursing facilities licensed pursuant to this act, which

do not participate in Medicaid or Medicare, shall be liable for the

Oklahoma Statutes - Title 63. Public Health and Safety Page 697

maximum penalty, not to exceed Ten Thousand Dollars ($10,000.00) for

any related series of violations.

B. The amount of the penalty shall be assessed by the

Department pursuant to the provisions of subsection A of this

section, after notice and opportunity for hearing. Within ten (10)

working days of the inspection documenting the violation, the

facility may appeal this decision pursuant to Article II of the

Administrative Procedures Act. In determining the amount of the

penalty, the Department shall include, but not be limited to,

consideration of the nature, circumstances and gravity of the

violation, the repetitive nature of the violation at this facility

or others operated by the same entity, the previous degree of

difficulty in obtaining compliance with the rules, and, with respect

to the person found to have committed the violation, the degree of

culpability, the facility's financial condition and substantial show

of good faith in attempting to achieve compliance with the

provisions of the Nursing Home Care Act.

C. Any license holder may elect to surrender his license in

lieu of said fine but shall be forever barred from obtaining a

reissuance of the license or any other license issued pursuant to

the Nursing Home Care Act.
Okla. Stat. tit. 63, § 63-1-1301.10 — OK Code / Title 63 / Section 63-1-1301.10
Renumbered as § 7-410 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1-917 — OK Code / Title 63 / Section 63-1-917
Standards for bottled water plants
Status: in_force

All bottled water plants shall comply with the following standards

of sanitation and safety:

(1) The source of water supply shall be structurally protected

to prevent contamination and shall provide such treatment as

necessary to insure the water to be bacteriologically and chemically

safe for drinking purposes.

(2) The bottled water plant shall be maintained in a clean and

sanitary condition and shall be in good repair and of such

construction that will facilitate maintenance in a sanitary

condition. Rooms used for bottling and bottle washing shall be well

lighted and adequately ventilated. All necessary precautions shall

be taken to protect against the entrance of rodents and insects.

(3) All bottles and containers shall be thoroughly cleaned and

given approved bactericidal treatment prior to filling. Facilities

and methods of filing bottles or containers shall be such as to

minimize the possibility of contamination.

(4) Adequate and convenient handwashing and toilet facilities

shall be provided and maintained in a sanitary condition.

(5) All bottles or containers shall be plainly labeled as to

contents and shall show the name and address of the bottled water

plant. No medicinal claims or misleading information shall be

permitted on the label.
Okla. Stat. tit. 63, § 63-1-508 — OK Code / Title 63 / Section 63-1-508
Animals - Quarantine
Status: in_force

A. 1. The State Board of Health may adopt such rules as it

deems necessary for the quarantine, isolation, impounding,

immunization and disposal of an animal to prevent and control any

zoonotic disease. Rules of the Board shall consider, but not be

limited to:

a. prior rabies vaccinations,

b. the degree of exposure to rabies,

c. the history and prior behavior of the animal prior to

exposure, and

d. the willingness of the individual so exposed to submit

to post-exposure antirabies immunization.

2. The President of the State Board of Agriculture and the

Director of Wildlife Conservation shall be requested to make

recommendations on pertinent phases affecting their official duties

before such rules are promulgated by the State Board of Health.

B. 1. Whenever the State Commissioner of Health or a designee

determines that any zoonotic disease exists in any area or that a

person has suffered an exposure to any such disease, the

Commissioner shall have authority to issue an order declaring a

quarantine, isolation, impounding, immunization or disposal of any

animal determined to be the source of such disease or exposure

according to rules promulgated by the State Board of Health. The

Commissioner shall, assisted by the State Board of Agriculture and

the Director of Wildlife Conservation, cause such quarantine,

isolation, impounding, immunization or disposal to be enforced.

2. Public officers and employees acting within the scope of

their authority in implementing or enforcing any such order, or

Oklahoma Statutes - Title 63. Public Health and Safety Page 216

rules promulgated for the control of zoonotic disease, shall not be

held liable for damages resulting from their official acts.

C. It shall be unlawful for any person to willfully fail or

refuse to comply with a lawful order of the State Commissioner of

Health declaring a quarantine, isolation, impounding, immunization

or disposal. Any person convicted of violating the provisions of

this subsection shall be guilty of a misdemeanor and may be punished

by a fine of not more than One Hundred Dollars ($100.00), by

imprisonment in the county jail for not more than thirty (30) days,

or by both such fine and imprisonment.

D. District courts shall be authorized to grant injunctive

relief, including temporary injunctions and temporary restraining

orders, to compel compliance with a quarantine, isolation,

impounding, immunization or disposal order issued by the

Commissioner pursuant to this section.
Okla. Stat. tit. 63, § 63-2200.26A — OK Code / Title 63 / Section 63-2200.26A
References to act
Status: in_force

Any references in the Oklahoma Statutes to the Uniform

Anatomical Gift Act shall mean the Oklahoma Uniform Anatomical Gift

Act.
Okla. Stat. tit. 63, § 63-690.5 — OK Code / Title 63 / Section 63-690.5
Recommendation of priorities for flood hazard mitigation
Status: in_force

projects.

In addition to other responsibilities designated or assigned to

it by the Department, the State Hazard Mitigation Team shall have

the power and duty to recommend priorities for flood hazard

mitigation projects for purposes of providing grants or loans for

such projects, based upon considerations specified by Section 690.4

of this title.
Okla. Stat. tit. 63, § 63-1-226 — OK Code / Title 63 / Section 63-1-226
Annual budget for health department
Status: in_force

The county board of health shall annually file with the county

excise board an estimate of needs for the operation or maintenance

of the county, district or cooperative department of health to the

extent that county funds are required for such purpose, and it shall

be the mandatory duty of the county excise board to approve the same

to the extent that such estimate of needs can be financed with

proceeds of a levy authorized in accordance with the provisions of

Section 9A, Article 10, Oklahoma Constitution; and so much of the

levy as may be needed shall thereupon be ordered made. The estimate

of needs may include, in addition to items for current operating

expenses, items for anticipated capital outlay in the future which

may accumulate from year to year until the total required amounts

will be available for expenditure. Provided, that nothing herein

shall prohibit the appropriation or use of other county funds for

such purposes, or for other public health purposes.
Okla. Stat. tit. 63, § 63-1-1301.30 — OK Code / Title 63 / Section 63-1-1301.30
Short title
Status: in_force

This act may be cited as the "Mello-drink Products Act."
Okla. Stat. tit. 63, § 63-1-2018 — OK Code / Title 63 / Section 63-1-2018
Renumbered as § 2-7-304 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1900.2 — OK Code / Title 63 / Section 63-1-1900.2
Waiver of Nursing Home Care Act provisions and rules
Status: in_force

A. It is the intent of the Legislature to foster the

development of resident autonomy, individualization and culture

change in nursing facilities licensed by the State Department of

Health.

B. The Commissioner of Health is authorized to waive any

provision of the Nursing Home Care Act and any rules promulgated

pursuant thereto, provided:

1. The waiver will not cause the State of Oklahoma to fail to

comply with any applicable requirements established by the Centers

for Medicare and Medicaid Services;

2. The waiver is granted to allow a nursing facility to satisfy

the spirit of a statutory or administrative requirement by

alternative means;

3. The waiver will not adversely affect the health, safety or

welfare of any resident of a nursing facility; and

4. The waiver is in support of a deinstitutionalization model

that restores individuals to a self-contained residence in the

community that is designed like a private home and houses no more

than twelve individuals.

C. The State Board of Health shall promulgate rules and

establish procedures necessary to implement the waiver process

established by this section.
Okla. Stat. tit. 63, § 63-1-729.4 — OK Code / Title 63 / Section 63-1-729.4
Anonymity of woman upon whom abortion is performed
Status: in_force

In every proceeding or action brought under this act, the

anonymity of any woman upon whom an abortion is performed or induced

or attempted to be performed or induced shall be preserved from

public disclosure unless she gives her consent to such disclosure.

The court, upon motion or sua sponte, shall issue orders to the

parties, witnesses, and counsel and shall direct the sealing of the

record and exclusion of individuals from courtrooms or hearing rooms

to the extent necessary to safeguard her identity from public

disclosure. In the absence of written consent of the woman upon

whom an abortion has been performed or induced or has been attempted

to be performed or induced, anyone who brings an action under

Section 3 of this act shall do so under a pseudonym.
Okla. Stat. tit. 63, § 63-1-106.1 — OK Code / Title 63 / Section 63-1-106.1
Fee schedule for licenses, permits and other health
Status: in_force

services.

A. The State Board of Health may establish a system of fees to

be charged for health services and for services rendered to members

of the public in the issuance and renewal of licenses and permits by

the State Commissioner of Health and the State Department of Health.

This provision is subject to the following limitations:

1. No schedule of fees may be established or amended by the

Board except during such times as the Legislature is in session;

provided, the Board may establish or amend a schedule of fees at a

time when the Legislature is not in session if the fees or schedule

of fees has been specifically authorized by the Legislature or has

been approved by the Contingency Review Board. The State Board of

Health must follow the procedures required by Article I of the

Administrative Procedures Act for adoption of rules and regulations

in establishing or amending any such schedule of fees; and

2. The Board shall charge fees only within the following

ranges, except as may be otherwise provided for in this title.

For license or permit issuance: $50.00 to $2,000.00

For license or permit renewal: $10.00 to $500.00

For health services: $25.00 to $250.00

provided further, that any facility exempt from the requirement to

obtain a permit based on date of construction or start-up may be

assessed an annual permit renewal fee equivalent.

B. The Board's authority to establish such a fee schedule shall

extend to all programs administered by the State Commissioner of

Health and the State Department of Health, regardless of whether the

statutes creating such programs are codified in the Oklahoma Public

Health Code.

C. The Board shall base its schedule of licensing or permitting

fees upon the reasonable costs of review and inspection services

rendered in connection with each license and permit program, but

shall be within the ranges specified in subsection A of this

section, except as may be otherwise specified in this section. The

Department shall establish a system of training for all personnel

Oklahoma Statutes - Title 63. Public Health and Safety Page 74

who render review and inspection services in order to assure uniform

statewide application of rules and regulations and the Board shall

also base the fee on reasonable costs associated with the training

of those personnel. Such fees shall not be used in the operation of

local health departments whose personnel do not participate fully in

applicable State Department of Health training and standardization

programs.

D. The Board may exempt by rule any class of licensee or

permittee or any class of facility or activity to be licensed or

permitted from the requirements of the fee schedule if the Board

determines that the creation of such a schedule for any such class

would work an unreasonable economic hardship.

E. All statutory fees now in effect for health services and for

the issuance and renewal of any license or permit administered by

the State Commissioner of Health and the State Department of Health

within the jurisdiction of the Department shall remain in effect

until such time as the Board acts to implement new fee schedules

pursuant to the provisions of this Code.

F. Unless a longer duration is specified for certain permits by

the rules and regulations of the Board, licenses and permits issued

by the Commissioner of Health shall be for a one-year period.
Okla. Stat. tit. 63, § 63-1-114.3 — OK Code / Title 63 / Section 63-1-114.3
Hospitals, health clinics and ambulance services –
Status: in_force

Display of sign warning of crime for assaulting medical professional

– Reporting for assaults on medical care providers.

A. Every hospital, health clinic and ambulance service shall

display at all times in a prominent place a printed sign with a

minimum height of twenty (20) inches and a minimum width of fourteen

(14) inches, with each letter to be a minimum of one-fourth (1/4)

inch in height, which shall read as follows:

Oklahoma Statutes - Title 63. Public Health and Safety Page 89

WARNING: ASSAULTING A MEDICAL PROFESSIONAL WHO IS ENGAGED IN THE

PERFORMANCE OF HIS OR HER OFFICIAL DUTIES IS A SERIOUS CRIME.

Section 650.4 of Title 21 of the Oklahoma Statutes.

B. Every hospital, health clinic and ambulance service shall

report by January 31 all assaults for the prior year on all medical

care providers in the facility, on facility property, or while

performing duties in an official capacity to the State Department of

Health on an annual basis without any identifying information

regarding the individual who was assaulted or who committed the

assault. The following data shall be provided to the Department:

1. An aggregate number of individuals assaulted annually;

2. The type of assault, either verbal, physical, and/or sexual;

3. Role of the perpetrator, either coworker, patient, or

patient's family; and

4. Location of the assault.

The State Department of Health shall have rulemaking authority to

implement the provisions of this section.

C. The State Department of Health shall not make public any

identifiable information in regard to facility, individual or

location of assaults, if such information is received. The

Department shall publish on its website, on an annual basis,

aggregate numbers for the data collected pursuant to subsection B of

this section.
Okla. Stat. tit. 63, § 63-1-542 — OK Code / Title 63 / Section 63-1-542
Report of findings and recommendations
Status: in_force

The State Commissioner of Health shall make an annual report to

the Legislature of findings and recommendations concerning the

effectiveness, impact and benefits derived from the special programs

created herein, and any recommendations for legislative changes

deemed necessary.
Okla. Stat. tit. 63, § 63-4209.2 — OK Code / Title 63 / Section 63-4209.2
See the following versions:
Status: in_force

OS 63-4209.2v1 (SB 1108, Laws 2025, c. 171, § 64)

OS 63-4209.2v2 (HB 2104, Laws 2025, c. 486, § 551)
Okla. Stat. tit. 63, § 63-3111.11 — OK Code / Title 63 / Section 63-3111.11
Construction and application
Status: in_force

A. This act shall not be construed to create a presumption

concerning the intention of an individual who has not made or who

has revoked a power of attorney for health care.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1494

B. This act shall not be construed to authorize or require a

health care provider or facility to provide health care contrary to

generally accepted health care standards applicable to the health

care provider or facility; provided, this provision shall not be

construed to supersede or authorize noncompliance with the

requirements of the Oklahoma Advance Directive Act as provided in

Section 3101.9 of Title 63 of the Oklahoma Statutes.

C. This act shall not be construed to authorize an agent to

consent to the admission of an individual to a mental health care

facility unless the individual's written directive expressly so

provides.

D. This act shall not affect other statutes of this state

governing treatment for mental illness of an individual

involuntarily committed to a mental health care facility under

Chapter 1 of Title 43A of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-4105 — OK Code / Title 63 / Section 63-4105
Value of vessel or motor - Time, method of determination
Status: in_force

- Disputed value.

A. The value of any vessel or motor for the purposes of the

excise tax levied by Section 4103 of this title shall be determined

as of the time the person applying for a certificate of title

thereto obtained either legal ownership or possession of the vessel

or motor which shall be the actual date of the sale or other

transfer of legal ownership, which date shall be shown by the

assignment on the certificate of title or, in the case of a new

vessel or motor on the manufacturer's certificate or statement of

origin hereby required, and by the application for registration,

required to be furnished by the licensed dealer for use by the

purchaser. The value of a new vessel or new motor for excise tax

purposes shall be the manufacturer's price of such vessel or motor

delivered at the factory. As used herein, the manufacturer's

factory-delivered price shall represent the recommended retail

selling price and shall not mean the wholesale price to a dealer.

Further, for purposes of the Oklahoma Vessel and Motor Excise Tax

Act, Section 4102 et seq. of this title, a new vessel or new motor

used by a licensed dealer for demonstration purposes shall be

Oklahoma Statutes - Title 63. Public Health and Safety Page 1653

considered a new vessel or new motor upon the first time sale and

registration of such vessel or motor. The value of a used vessel or

used motor shall be sixty-five percent (65%) of the manufacturer's

price of such vessel or motor delivered at the factory for

subsequent transfers for the first year and for the second year and

sixty-five percent (65%) of the value of the previous year so fixed

for each successive year for which such vessel or motor is

registered and licensed in this or any other state, until such

vessel or motor reaches a minimum value of Two Hundred Fifty Dollars

($250.00).

B. Service Oklahoma shall have the authority in cases of

dispute to determine the factory delivered price or price of any

vessel or motor.

C. In computing the excise tax, the fees collected shall be

rounded to the nearest dollar.
Okla. Stat. tit. 63, § 63-1-2421 — OK Code / Title 63 / Section 63-1-2421
Renumbered as § 2-10-304 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1082 — OK Code / Title 63 / Section 63-1082
Other state and local aid
Status: in_force

In addition to other aids provided herein, the state or any

state or local public body is authorized to make contributions in

the form of donation of land, buildings or personal property for or

in aid of the charitable purpose of housing persons or families of

low income in decent, safe, and sanitary dwellings.
Okla. Stat. tit. 63, § 63-1-2405 — OK Code / Title 63 / Section 63-1-2405
Renumbered as § 2-10-1105 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-944 — OK Code / Title 63 / Section 63-944
Autopsy - Public interest – Deceased children - Collection
Status: in_force

of samples.

A. When necessary in connection with an investigation to

determine the cause and/or manner of death and when the public

interest requires it, the Chief Medical Examiner, his or her

designee or a district attorney shall require and authorize an

autopsy to be conducted. In determining whether the public interest

requires an autopsy the medical examiner or district attorney

involved shall take into account but shall not be bound by request

therefor from private persons or from other public officials.

B. Except as provided by subsections C and D of this section, a

parent of a deceased child is entitled to view and to hold the

child's body before the medical examiner for the county in which the

death occurred assumes custody of the body pursuant to Section 938

of this title. If the child's death occurred at a hospital or other

Oklahoma Statutes - Title 63. Public Health and Safety Page 1290

health care facility, the viewing may be conducted at the hospital

or facility.

C. A parent of a deceased child may not view nor hold the

child's body after a medical examiner assumes custody of the body

pursuant to Section 941 of this title unless the parent first

obtains the consent of the district judge or medical examiner or a

person acting on behalf of the district judge or medical examiner.

D. A viewing or holding of the body of a deceased child whose

death is determined to be subject to an investigation under Section

938 of this title must be conducted in compliance with the following

conditions:

1. The viewing or holding must be supervised by:

a. a peace officer or, with the officer's consent, a

person described by subparagraph b of this paragraph,

if law enforcement has assumed custody of the body at

the time of the viewing or holding, or

b. a physician, registered nurse, licensed vocational

nurse, the medical examiner, or a person acting on

behalf of the medical examiner;

2. A parent of the deceased child may not have contact with the

child's body unless the parent first obtains the consent of the

medical examiner or his or her designee; and

3. A person may not remove a medical device from the child's

body or otherwise alter the condition of the body for purposes of

conducting the viewing or holding unless the person first obtains

the consent of the medical examiner or his or her designee.

E. The medical examiner or his or her designee may collect and

retain such blood, tissue, bone, fluid or body waste specimens as

are deemed necessary to carry out his or her duties as specified in

Section 931 et seq. of this title. No autopsy authorization shall

be required as a prerequisite to the collection of such specimens.
Okla. Stat. tit. 63, § 63-1-565 — OK Code / Title 63 / Section 63-1-565
Requirements for temporary licensure - Term of license
Status: in_force

The requirements for temporary licensure shall provide that:

Oklahoma Statutes - Title 63. Public Health and Safety Page 256

1. An applicant shall meet all of the qualifications for

licensure as established in the Genetic Counseling Licensure Act

with the exception of certification by the American Board of Medical

Genetics or the American Board of Genetic Counseling, and have

active candidate status conferred by the ABMG or ABGC;

2. An individual practicing under the authority of a temporary

license must practice under the general supervision of a licensed

genetic counselor, or a physician licensed to practice in this

state, with current ABMG certification in clinical genetics;

3. A temporary licensee shall apply for and take the next

available examination. If an applicant fails the first sitting of

the ABGC or ABMG certification examination, the applicant may

reapply for a second temporary license;

4. A temporary license shall not be issued to an applicant who

has failed the ABGC or ABMG certification examination more than

once; and

5. A temporary license shall expire upon the earliest of the

following:

a. issuance of full licensure,

b. thirty (30) days after failing the certification

examination, or

c. the date printed on the temporary license.
Okla. Stat. tit. 63, § 63-1-1301.38 — OK Code / Title 63 / Section 63-1-1301.38
Import license
Status: in_force

A. It is unlawful and a misdemeanor to import Mello-drink

products into the State of Oklahoma without a license for such

importation.

B. Each application for an import license shall be in the form

as prescribed by the Department and shall be accompanied by a fee of

Fifteen Dollars ($15.00).

C. In addition to an import license, each imported Mello-drink

product must be registered and approved by the Department and

otherwise meet the same requirements and standards as Mello-drink

products manufactured in this state.

D. The application for product registration or the import

license shall not be approved unless the provisions of this act and

the rules, regulations and orders adopted pursuant to the provisions

of this act are satisfied.
Okla. Stat. tit. 63, § 63-1-738.16 — OK Code / Title 63 / Section 63-1-738.16
Civil or criminal actions - Anonymity of person upon
Status: in_force

whom abortion has been performed or attempted.

In every civil or criminal proceeding or action brought under

the Unborn Child Pain Awareness/Prevention Act, the court shall rule

whether the anonymity of any female upon whom an abortion has been

performed or attempted shall be preserved from public disclosure if

the female does not give her consent to such disclosure. The court,

upon motion or sua sponte, shall make such a ruling and, upon

determining that the anonymity of the female should be preserved,

shall issue orders to the parties, witnesses, and counsel and shall

direct the sealing of the record and exclusion of individuals from

courtrooms or hearing rooms to the extent necessary to safeguard the

identity of the female from public disclosure. Each such order

shall be accompanied by specific written findings explaining why the

anonymity of the female should be preserved from public disclosure,

why the order is essential to that end, how the order is narrowly

tailored to serve that interest, and why no reasonable less

restrictive alternative exists. In the absence of written consent

of the female upon whom an abortion has been performed or attempted,

anyone, other than a public official, who brings an action under

subsection A of Section 15 of this act shall do so under a

pseudonym. This section may not be construed to conceal the

identity of the plaintiff or of witnesses from the defendant.
Okla. Stat. tit. 63, § 63-1-1105 — OK Code / Title 63 / Section 63-1-1105
Embargo authorized - Nuisances
Status: in_force

(a) Whenever a duly-authorized agent of the State Commissioner

of Health finds, or has probable cause to believe, that any food is

adulterated, or so misbranded as to be dangerous or fraudulent,

within the meaning of this article, he shall affix to such article a

tag or other appropriate marking, giving notice that such article

is, or is suspected of being, adulterated or misbranded and has been

detained or embargoed, and warning all persons not to remove or

dispose of such article by sale or otherwise until permission for

removal or disposal is given by such agent or the court. It shall

be unlawful for any person to remove or dispose of such detained or

embargoed article by sale or otherwise without such permission for a

period of fifteen (15) days after such tag or other marking has been

affixed thereto.

(b) When an article detained or embargoed has been found by such

agent to be adulterated or misbranded, he shall petition the

district court in whose jurisdiction the article is detained or

embargoed for condemnation of such article. When such agent has

found that an article so detained or embargoed is not adulterated or

misbranded, he shall remove the tag or other marking.

(c) If the court finds that a detained or embargoed article is

adulterated or misbranded, such article shall, after entry of the

decree, be destroyed at the expense of the claimant thereof, under

the supervision of such agent, and all court costs and fees, and

storage and other proper expenses shall be taxed against the

claimant of such article or his agent; provided, that when the

Oklahoma Statutes - Title 63. Public Health and Safety Page 574

adulteration or misbranding can be corrected by proper labeling or

processing of the article, the court, after entry of the decree and

after such costs, fees, and expenses have been paid and a good and

sufficient bond, conditioned that such article shall be so labeled

or processed, has been executed, may by order direct that such

article be delivered to the claimant thereof for such labeling or

processing under the supervision of an agent of the State

Commissioner of Health. The expense of such supervision shall be

paid by the claimant. Such bond shall be returned to the claimant

of the article on representation to the court by the Commissioner

that the article is no longer in violation of this article and that

the expenses of such supervision have been paid.

(d) Whenever the State Commissioner of Health or any of his

authorized agents shall find in any room, building, vehicle of

transportation or other structure any meat, seafood, poultry,

vegetable, fruit or other perishable articles which are unsound, or

contain any filthy, decomposed or putrid substances, or that may be

poisonous or deleterious to health or otherwise unsafe, the same

being hereby declared to be a nuisance, the Commissioner, or his

authorized agent, shall forthwith condemn or destroy the same, or in

any other manner render the same unsalable as human food.
Okla. Stat. tit. 63, § 63-1051 — OK Code / Title 63 / Section 63-1051
Short title
Status: in_force

This act may be cited as the "Oklahoma Housing Authorities Act."
Okla. Stat. tit. 63, § 63-1-207 — OK Code / Title 63 / Section 63-1-207
Cooperative departments of health - Agreements for
Status: in_force

Cooperative departments of health may be formed by agreement

between the county board of health of any county maintaining a

county department of health, or the county boards of health of

counties in a health district, and the governing boards of cities,

towns, and school districts lying wholly or partly in such county or

health district. Any such agreement shall stipulate what health

services will be provided to the cities, towns, and school

districts, which may be all or any of the services that may be

provided by a county department of health, and shall also fix the

amount of funds to be paid by the cities, towns, and school

districts for the services. All agreements made under the provisions

of this section shall be subject to the approval of the State

Commissioner of Health.
Okla. Stat. tit. 63, § 63-1-332 — OK Code / Title 63 / Section 63-1-332
Renumbered as § 396.32 of Title 59 by Laws 2003, c. 57,
Status: in_force

§ 31, emerg. eff. April 10, 2003.
Okla. Stat. tit. 63, § 63-1-1805.1 — OK Code / Title 63 / Section 63-1-1805.1
Renumbered as § 2-5-105 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-2-431 — OK Code / Title 63 / Section 63-2-431
Proof of participation in illegal drug market - Standard
Status: in_force

of proof - Prima facie evidence of participation.

A. Proof of participation in the illegal drug market in an

action brought under the Drug Dealer Liability Act shall be shown by

clear and convincing evidence. Except as otherwise provided in this

act, other elements of the cause of action shall be shown by a

preponderance of the evidence.

B. A person against whom recovery is sought who has a criminal

conviction pursuant to state drug laws or the Comprehensive Drug

Abuse Prevention and Control Act of 1970 (Public Law 91-513, 84

Stat. 1236, codified at 21 U.S.C., Section 801 et seq.) is estopped

from denying participation in the illegal drug market. Such a

conviction is also prima facie evidence of the participation of the

person in the illegal drug market during the two (2) years preceding

the date of an act giving rise to a conviction.

C. The absence of criminal drug conviction of a person against

whom recovery is sought does not bar an action against that person.
Okla. Stat. tit. 63, § 63-427.18 — OK Code / Title 63 / Section 63-427.18
Packaging and labeling requirements
Status: in_force

A. A medical marijuana business shall not sell, transfer or

otherwise distribute medical marijuana or medical marijuana product

that has not been packaged and labeled in accordance with this

Oklahoma Statutes - Title 63. Public Health and Safety Page 1187

section and rules promulgated by the Executive Director of the

Oklahoma Medical Marijuana Authority.

B. A medical marijuana dispensary shall return medical

marijuana and medical marijuana product that does not meet packaging

or labeling requirements in this section or rules promulgated

pursuant thereto to the entity who transferred it to the dispensary.

The medical marijuana dispensary shall document to whom the item was

returned, what was returned, and the date of the return, or dispose

of any usable marijuana that does not meet these requirements in

accordance with the Oklahoma Medical Marijuana and Patient

Protection Act.

C. 1. Medical marijuana packaging shall be packaged to

minimize its appeal to children and shall not depict images other

than the business name logo of the medical marijuana producer and

image of the product.

2. A medical marijuana business shall not place any content on

a container in a manner that reasonably appears to target

individuals under the age of twenty-one (21) including, but not

limited to, cartoon characters or similar images.

3. Labels on a container shall not include any false or

misleading statements.

4. No container shall be intentionally or knowingly labeled so

as to cause a reasonable patient confusion as to whether the medical

marijuana, medical marijuana concentrate or medical marijuana

product is a trademarked product or labeled in a manner that

violates any federal trademark law or regulation. The label on the

container shall include a warning that states the following:

a. “For use by licensed medical marijuana patients only”,

b. “Keep out of reach of children”,

c. “It is illegal to drive a motor vehicle while under

the influence of marijuana or marijuana products”,

d. “Women should not use marijuana or marijuana products

during pregnancy because of the risk of birth

defects”, and

e. “This product has been tested for contaminants”.

5. The label on the container shall not make any claims

regarding health or physical benefits to the patient.

6. The container itself may be clear in order to allow licensed

medical marijuana patients and licensed medical marijuana caregivers

the ability to view the product inside the container but shall be

child-resistant, as defined in Section 427.2 of this title.

7. At the point of sale and transfer of any medical marijuana,

medical marijuana concentrate, or medical marijuana products to a

licensed medical marijuana patient or licensed medical marijuana

caregiver, the dispensary shall place the medical marijuana, medical

marijuana concentrate, or medical marijuana products in an exit

package, as such term is defined in Section 427.2 of this title.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1188

D. The Executive Director shall develop minimum standards for

packaging and labeling of medical marijuana, medical marijuana

concentrate, and medical marijuana products. Such standards shall

include, but not be limited to, the required contents of labels to

be affixed to all medical marijuana, medical marijuana concentrate,

and medical marijuana products prior to transfer to a licensed

patient or caregiver, which shall include, at a minimum:

1. THC and other cannabinoid potency, and terpenoid potency;

2. A statement indicating that the product has been tested for

contaminants;

3. One or more product warnings to be determined by the

Executive Director; and

4. Any other information the Executive Director deems

necessary.
Okla. Stat. tit. 63, § 63-1-2731 — OK Code / Title 63 / Section 63-1-2731
Assistance for providers in Health Professional
Status: in_force

Shortage Areas - Requirements.

A. 1. The Department of Mental Health and Substance Abuse

Services shall administer the Oklahoma Mental Health Loan Repayment

Program.

2. The Program, depending upon available funding, shall provide

educational loan repayment assistance for mental health or substance

abuse treatment providers who provide services in Health

Professional Shortage Areas (HPSAs) for mental health.

3. Each award shall be for a contracted period and shall be

distributed to the participant by drafts made payable to the

participant and the appropriate loan agency following a completed

year of service. Prior to any disbursement, the Department shall

certify and properly review reports submitted by the participating

provider detailing performance of activities in accordance with this

act.

4. At the conclusion of the minimum service obligation, the

Department shall review the performance in the Program of the

participating mental health or substance abuse provider and

determine whether an award may be granted for an additional period

not to exceed a total participation in the Program of five (5) years

pursuant to rules promulgated by the Board of Mental Health and

Substance Abuse Services.

B. Any participating mental health or substance abuse treatment

provider shall agree to provide mental health or substance abuse

treatment services to Medicaid recipients as authorized by the

Oklahoma Health Care Authority and individuals lacking health

insurance coverage. The Department of Mental Health and Substance

Oklahoma Statutes - Title 63. Public Health and Safety Page 874

Abuse Services shall be responsible for ensuring that at least

twenty-five percent (25%) of the patients treated by the provider

are Medicaid beneficiaries, uninsured, or a combination of Medicaid

and uninsured recipients.

C. The mental health or substance abuse treatment provider

shall execute a contract with the Department to provide mental

health or substance abuse treatment services pursuant to the terms

of the contract and in accordance with rules promulgated by the

Board.

D. The Department shall present a report on the operation of

the Program to the Governor, the President Pro Tempore of the Senate

and the Speaker of the House of Representatives within one (1) month

of the beginning of each regular session of the Legislature,

including but not limited to the progress made in accomplishing the

goal of the Program.
Okla. Stat. tit. 63, § 63-5031 — OK Code / Title 63 / Section 63-5031
Nonopioid drugs not to be disadvantaged or discouraged
Status: in_force

A. As used in this section, “contracted entity” has the same

meaning as provided by Section 4002.2 of Title 56 of the Oklahoma

Statutes.

B. In establishing and maintaining the formulary for the state

Medicaid program, the Oklahoma Health Care Authority shall ensure

that no nonopioid drug approved by the United States Food and Drug

Administration (FDA) for the treatment or management of pain shall

be disadvantaged or discouraged by either the Authority or a

contracted entity with respect to coverage on the formulary relative

to any opioid or narcotic drug for the treatment or management of

pain.

C. When a contracted provider prescribes an FDA-approved

nonopioid drug for the treatment or management of pain, the

Authority or a contracted entity shall not deny coverage of the

nonopioid drug in favor of an opioid drug.

D. This section does not preclude opioid drugs from being

preferred over other opioid drugs or nonopioid drugs from being

preferred over other nonopioid drugs.
Okla. Stat. tit. 63, § 63-4200 — OK Code / Title 63 / Section 63-4200
Short title
Status: in_force

Section 4201 et seq. of this title shall be known and may be

cited as the "Oklahoma Boating Safety Regulation Act".
Okla. Stat. tit. 63, § 63-1-2513 — OK Code / Title 63 / Section 63-1-2513
Operation of ambulance service - Application for
Status: in_force

license – Air Ambulance providers.

A. All persons, companies, governmental entities or trust

authorities desiring to operate an ambulance service shall file with

the State Commissioner of Health an application for a license to

operate the service. The Commissioner shall, within two (2) months

of the date of the application, notify the applicant in writing of

the granting or rejection of the license and shall, in the event of

rejection, specify the reasons for the rejection.

B. The Commissioner may issue an Oklahoma Air Ambulance

Provider License to an Air Ambulance provider, duly licensed in good

standing and operating from bases in an adjoining state, that makes

application and provides documentation pursuant to rules promulgated

by the State Board of Health. Such ambulance provider staff shall

not be required to be licensed in this state but shall be required

to meet the licensure requirements in the state of origin.
Okla. Stat. tit. 63, § 63-7200.1 — OK Code / Title 63 / Section 63-7200.1
Short title
Status: in_force

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

Diagnostic Testing Regulation Act”.