Okla. Stat. tit. 63, § 63-1-326 — OK Code / Title 63 / Section 63-1-326
Inmates of institutions - Records - Deaths
Status: in_force

(a) Every person in charge of an institution as defined in this

article shall keep a record of personal particulars and data

concerning each person admitted or confined to such institution. The

record shall include such information as required by the standard

certificate of birth, death, and fetal death forms issued under the

provisions of this article. The record shall be made at the time of

admission from information provided by such person, but when it

cannot be so obtained, the same shall be obtained from relatives or

other persons acquainted with the facts. The name and address of

the person providing the information shall be a part of the record.

(b) When a dead human body is released or disposed of by an

institution, the person in charge of the institution shall keep a

record showing the name of the deceased, date of death, name and

address of the person to whom the body is released, date of removal

from the institution, or, if finally disposed of by the institution,

the date, place, and manner of disposition shall be recorded.

(c) A funeral director, embalmer, or other person who removes

from the place of death or transports or finally disposes of a dead

body or fetus, in addition to filing any certificate or other form

Oklahoma Statutes - Title 63. Public Health and Safety Page 203

required by this article, shall keep a record which shall identify

the body, and such information pertaining to his receipt, removal,

and delivery of such body as may be prescribed in regulations

adopted by the State Board of Health.

(d) Records maintained under this section shall be retained for

a period of not less than two (2) years, and thereafter may be kept

in a form authorized by 12 O.S.1961, Sec. 522, and shall be made

available for inspection by the State Commissioner of Health or his

representative upon demand.
Okla. Stat. tit. 63, § 63-6804 — OK Code / Title 63 / Section 63-6804
Compliance with federal law and regulations – Conflict of laws – Predesignation of
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 60laws – Predesignation of hospitals.

A. The Catastrophic Health Emergency Powers Act does not

restrict any person from complying with federal law or regulations.

Any disclosure by a health care provider or other covered entity of

information or data which is protected health information under the

provisions of the Health Insurance Portability and Accountability

Act of 1996 (“HIPPA”), Public Law 104-191, and which disclosure is

occasioned or otherwise caused by the exercise of any emergency

powers pursuant to the Catastrophic Health Emergency Powers Act,

shall be deemed a disclosure for “Uses and Disclosures Required by

Law”, as defined by 45 C.F.R., Section 164.512(a), and for “Uses and

Disclosures for Public Health Activities”, as defined by 45 C.F.R.,

Section 164.512(b).

B. During a catastrophic health emergency, in the event of a

conflict between the Catastrophic Health Emergency Powers Act and

other state or local laws or rules concerning public health powers,

the provisions of the Catastrophic Health Emergency Powers Act

apply.

C. Nothing in the Catastrophic Health Emergency Powers Act

shall imply the predesignation of hospitals.
Okla. Stat. tit. 63, § 63-1-1950.4 — OK Code / Title 63 / Section 63-1-1950.4
Nurse aides – Uniform employment application
Status: in_force

A. 1. The State Department of Health, in conjunction with the

Office of the State Long-term Care Ombudsman of the Department,

shall develop a uniform employment application to be used in the

hiring of nurse aide staff by a nursing facility or a specialized

facility as such terms are defined in the Nursing Home Care Act, a

residential care home, as such term is defined by the Residential

Care Act, an assisted living center as such term is defined by the

Continuum of Care and Assisted Living Act, a continuum of care

facility as defined by the Continuum of Care and Assisted Living

Act, a hospice inpatient facility or program providing hospice

services as such terms are defined by the Oklahoma Hospice Licensing

Act, an adult day care center as such term is defined by the Adult

Day Care Act, and a home care agency as defined by the Home Care

Act. Such uniform application shall be used as the only application

for employment of nurse aides in such facilities on and after

January 1, 2001.

2. Nothing in this section shall prohibit the State Department

of Health or any other state agency from requiring applicants for

any position in the classified service to be certified by the state

using the State of Oklahoma employment application.

Oklahoma Statutes - Title 63. Public Health and Safety Page 764

B. The uniform employment application shall be designed to

gather all pertinent information for entry into the nurse aide

registry maintained by the State Department of Health. The uniform

application shall also contain:

1. A signature from the applicant to confirm or deny any

previous felony conviction;

2. A release statement for the applicant to sign giving the

State Department of Health and the Oklahoma State Bureau of

Investigation the authority to proceed with the state or national

criminal history record checks; and

3. Such other information deemed necessary by the Department.

C. The Department shall provide implementation training on the

use of the uniform employment application.
Okla. Stat. tit. 63, § 63-1-2106 — OK Code / Title 63 / Section 63-1-2106
Renumbered as § 2-8-203 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.

Oklahoma Statutes - Title 63. Public Health and Safety Page 806
Okla. Stat. tit. 63, § 63-1-260.1 — OK Code / Title 63 / Section 63-1-260.1
Short title
Status: in_force

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

Prevention and Treatment Education Act”.
Okla. Stat. tit. 63, § 63-1053 — OK Code / Title 63 / Section 63-1053
Finding and declaration of necessity
Status: in_force

It is hereby declared:

(a) that there exists in urban and rural areas in certain

counties in the state unsanitary, unsafe, and overcrowded dwelling

accommodations; that in such urban and rural areas within the state

there is a shortage of safe or sanitary dwelling accommodations

available at rents or prices which persons of low income can afford

and that such shortage forces such persons to occupy unsanitary,

unsafe, and overcrowded dwelling accommodations;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1305

(b) that the aforesaid conditions cause an increase in and

spread of disease and crime and constitute a menace to the health,

safety, morals and welfare of the residents of the state; that these

conditions necessitate excessive and disproportionate expenditures

of public funds for crime prevention and punishment, public health

and safety, fire and accident protection, and other public services

and facilities;

(c) that these slum areas cannot be cleared nor can the shortage

of safe and sanitary dwelling for persons of low income be

adequately relieved through the operation of private enterprise and

that housing projects for persons of low income as herein defined

would therefore not be competitive with private enterprise;

(d) that such projects would also make housing available for

persons of low income who are displaced in the rehabilitation,

clearance, or redevelopment of slums and blighted areas or as the

result of other governmental action, and for veterans of low income

who are unable to provide themselves with decent housing on the

basis of the benefits heretofore made available to them through

certain government guarantees of loans to veterans for the purchase

of residential property;

(e) that the clearance, replanning and preparation for

rebuilding of these areas and the providing of safe and sanitary

dwelling accommodations and maintaining a wholesome living

environment for persons of low income are charitable and public uses

and purposes for which public money may be spent and private

property acquired and are governmental functions of state concern;

(f) that residential construction activity is closely correlated

with general economic activity and that the undertakings authorized

by this act to aid the provision of better housing and more

desirable neighborhood and community development at lower costs will

make possible a more stable and larger volume of residential

construction activity which will assist materially in maintaining

full employment; and

(g) that it is in the public interest that preparations for such

projects and activities be made now, and that the necessity in the

public interest for the provisions hereinafter enacted is hereby

declared as a matter of legislative determination.
Okla. Stat. tit. 63, § 63-2870 — OK Code / Title 63 / Section 63-2870
False alarm, complaint or information - Penalty
Status: in_force

No person shall call the number 9-1-1 for the purpose of making

a knowingly false alarm or complaint or reporting knowingly false

Oklahoma Statutes - Title 63. Public Health and Safety Page 1445

information which could result in the dispatch of emergency services

from any public agency as defined in Section 2 of this act. Nor

shall any person call 9-1-1 for nonemergency or personal use. Any

person violating the provisions of this section, upon conviction,

shall be guilty of a misdemeanor punishable by a fine of not to

exceed Five Hundred Dollars ($500.00) and by an assessment for the

resulting costs of any dispatching of emergency personnel and

equipment for each such offense.
Okla. Stat. tit. 63, § 63-4040 — OK Code / Title 63 / Section 63-4040
Brokers prohibited - Exception
Status: in_force

A. It shall be unlawful to be a broker.

B. For the purposes of this section, "broker" means a person

who, for a fee, commission or other valuable consideration, arranges

or offers to arrange a transaction involving the sale, for purposes

other than resale, of a new or used vessel or new or used motor, and

who is not:

1. A new or used vessel or new or used motor dealer or agent or

employee of such a dealer; or

2. A distributor or an agent or employee of such a distributor.

However, an individual shall not be deemed to be a broker if the

individual is the owner of the new or used vessel or new or used

motor which is the object of the brokering transaction.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1647
Okla. Stat. tit. 63, § 63-1-824 — OK Code / Title 63 / Section 63-1-824
Probationary license - Duration - Conditions for
Status: in_force

issuance - Termination - Issuance or denial of regular license.

If an applicant for licensure under the Residential Care Act has

not been previously licensed, or if a home is not in operation at

the time application is made, the State Department of Health shall

issue a probationary license. A probationary license shall be valid

for one hundred twenty (120) days unless sooner suspended or revoked

pursuant to the provisions of the Residential Care Act.

1. Prior to the issuance of a probationary license, the

Department shall:

a. ascertain whether the applicant is qualified to be

licensed pursuant to the provisions of Section 1-822

of this title, and

b. inspect the home and inform the applicant of any

conditions which require correction prior to the

issuance of a license. If the home is a new home, the

Department shall also inform the applicant of any

condition which requires correction prior to the

acceptance of residents into the home. If the home is

an existing home whose ownership is being transferred,

the probationary license issued to the transferee, in

addition to any corrections required as a result of

the inspection, shall be subject to any plan of

correction submitted by the previous owner and

approved by the Department.

2. Within thirty (30) days prior to the termination of a

probationary license, the Department shall completely inspect the

home and, if the home meets the applicable rules for licensure,

shall issue a license pursuant to the provisions of the Residential

Care Act and rules promulgated pursuant thereto. If at the end of

an extension of the probationary license, the home is not in

substantial compliance with the provisions of the Residential Care

Act and the rules promulgated pursuant thereto, the license shall be

denied and the Department shall take such action as necessary and as

authorized pursuant to the provisions of the Residential Care Act

for the protection of the health, safety, and welfare of the

residents of the home.
Okla. Stat. tit. 63, § 63-6302 — OK Code / Title 63 / Section 63-6302
Investigations – Identification of exposed individuals –
Status: in_force

Closing, evacuation, or decontamination of facilities –

Decontamination or destruction of materials – Enforcement powers.

A. The public health authority shall ascertain the existence of

cases of an illness or health condition that may be potential causes

of a catastrophic health emergency; investigate all such cases for

sources of infection or contamination and to ensure that they are

subject to proper control measures; and define the distribution of

the illness or health condition. To fulfill these duties, the

public health authority shall identify exposed individuals as

follows:

1. Acting on information developed in accordance with Section 6

of this act, or other reliable information, the public health

authority shall identify all individuals thought to have been

exposed to an illness or health condition that may be a potential

cause of a catastrophic health emergency; and

2. The public health authority shall counsel and interview such

individuals where needed to assist in the positive identification of

exposed individuals and develop information relating to the source

and spread of the illness or health condition. Such information

includes the name and address, including city and county, of any

Oklahoma Statutes - Title 63. Public Health and Safety Page 1768

person from whom the illness or health condition may have been

contracted and to whom the illness or health condition may have

spread.

B. The public health authority, for examination purposes, shall

close, evacuate, or decontaminate any facility or decontaminate or

destroy any material when the authority reasonably suspects that

such facility or material may endanger the public health.

C. The public health authority may enforce the provisions of

this section in accordance with existing enforcement rules. An

order of the public health authority given to effectuate the

purposes of this section shall be enforceable immediately by the

public safety authority.decontamination of facilities – Decontamination or destruction of materials – Enforcement
Okla. Stat. tit. 63, § 63-1-1916 — OK Code / Title 63 / Section 63-1-1916
Prohibited acts - Violations - Prosecution
Status: in_force

A. No person, including any person at any facility operated by

the Oklahoma Department of Veterans Affairs, shall:

Oklahoma Statutes - Title 63. Public Health and Safety Page 696

1. Intentionally fail to correct or interfere with the

correction of a violation within the time specified on the notice or

approved plan of correction under this act as the maximum period

given for correction, unless an extension is granted and the

corrections are made before expiration of extension;

2. Intentionally prevent, interfere with, or attempt to impede

in any way the work of any duly authorized representative of the

Department in the investigation and enforcement of this act;

3. Intentionally prevent or attempt to prevent any such

representative from examining any relevant books or records in the

conduct of official duties under this act;

4. Intentionally prevent or interfere with any such

representative in the preserving of evidence of any violation of

this act or the rules promulgated under this act;

5. Intentionally retaliate or discriminate against any resident

or employee for contacting or providing information to any state

official, or for initiating, participating in, or testifying in an

action for any remedy authorized under this act;

6. Willfully file any false, incomplete or intentionally

misleading information required to be filed under this act, or

willfully fail or refuse to file any information; or

7. Open or operate a facility without a license.

B. A violation of this section is a misdemeanor.

C. The district attorney of the county in which the facility is

located, or the Attorney General, may be requested by the Department

to initiate prosecutions under this section.
Okla. Stat. tit. 63, § 63-1-1128 — OK Code / Title 63 / Section 63-1-1128
Sanitation and cleanliness
Status: in_force

All rooms of a locker plant or branch locker plant shall at all

times be maintained in a clean and sanitary condition. All

equipment and utensils shall be clean when put into use and shall be

Oklahoma Statutes - Title 63. Public Health and Safety Page 588

thoroughly cleansed after each day's use and shall be so stored or

protected as not to become contaminated. Lockers shall be

thoroughly cleansed before they are leased or put into the

possession of any patron. The premises and surroundings of locker

plants and branch locker plants shall be maintained in a clean and

sanitary condition. The food stored shall be protected from filth,

flies, dust, dirt, insects, vermin and any other contamination and

from any unclean or filthy practice in the handling thereof or

caring therefor. No food shall be stored in such condition or in

such manner as to cause injury to or deterioration of articles of

food in adjacent lockers. Tobacco shall not be used in any room

where food is processed or stored. Waste or offal incident to the

slaughtering, cleaning, storing or preparation of any food for

storage shall be promptly removed from the premises and disposed of

in a sanitary manner.

No room or rooms used for the preparation, storage, display or

sale of food or for the processing of food shall be used as a living

room or sleeping room nor shall dogs, cats or other domestic animals

be permitted in any such room.
Okla. Stat. tit. 63, § 63-683.11 — OK Code / Title 63 / Section 63-683.11
Political subdivisions - Emergency management programs
Status: in_force

- Emergency management directors - Declaration of local emergency.

A. All incorporated jurisdictions of this state are required to

develop an emergency management program in accordance with the

Oklahoma Emergency Management Act of 2003. County jurisdictions are

required to have a qualified emergency management director as

outlined in this section. Incorporated municipalities are required

to either have an emergency management director or create an

agreement with the county for emergency management services. Each

local organization for emergency management shall have a director

who shall be appointed by the executive officer or governing body of

the political subdivision, who shall report directly to the chief

executive officer or chief operating officer and who shall have

direct responsibility for the organization, administration, and

operation of such local organization for emergency management,

subject to the direction and control of such executive officer or

governing body. Each local organization for emergency management

shall perform emergency management functions within the territorial

limits of the political subdivisions within which it is organized,

and, in addition, shall conduct such functions outside of such

territorial limits as may be required pursuant to this act. Each

local emergency management organization shall develop, maintain and

revise, as necessary, an emergency operations plan for the

jurisdiction. Each plan shall address the emergency management

system functions of preparedness, response, recovery and mitigation.

Such plan shall be based upon a hazard and risk assessment for the

jurisdiction and shall include provisions for evacuation of all or a

portion of the jurisdiction based upon such risk in the event any

disaster, as defined in Section 683.3 of this title, necessitates

the evacuation of its citizens. Every political subdivision shall

ensure that there is widespread dissemination of the plan and

information to citizens as to how and when such plan is activated

Oklahoma Statutes - Title 63. Public Health and Safety Page 1229

and how citizens are to participate in evacuating their communities

in the event of a disaster. The plan shall be reviewed annually.

Such plan shall be coordinated with the state.

B. Emergency Management Directors (EMD) shall meet the

qualifications promulgated by the Oklahoma Department of Emergency

Management (OEM). The minimum qualifications include:

1. U.S. citizenship;

2. High school diploma or equivalent;

3. Valid Oklahoma driver license;

4. Social security number;

5. Has not been convicted of a felony in Oklahoma; and

6. Within one (1) year of appointment, the EMD must complete

basic emergency management training provided by the OEM.

C. Prior to employment, the employing agency shall obtain a

name-based background search by the Oklahoma State Bureau of

Investigation to determine if the EMD has been convicted of a

felony.

D. Each Emergency Management Director shall be responsible for

all aspects of emergency management in their jurisdiction including:

conducting a hazard analysis detailing risks and vulnerabilities,

annually updating the existing all-hazard Emergency Operations Plan

(EOP), conducting and arranging for necessary training of all

relevant personnel, conducting annual exercises to evaluate the

plan, managing resources, determining shortfalls in equipment,

personnel and training, revising the EOP as necessary, establishing

and maintaining an office of emergency management, communications,

warnings, conducting or supervising damage assessment and other pre-

and post-disaster-related duties.

E. Local fire departments, law enforcement and other first

response agencies shall notify the Emergency Management Director of

all significant events occurring in the jurisdiction. Emergency

Management Directors shall promptly report significant events to the

Oklahoma Department of Emergency Management.

F. In carrying out the provisions of this act, each political

subdivision, in which any disaster as defined in Section 683.3 of

this title occurs, shall have the authority to declare a local

emergency and the power to enter into contracts and incur

obligations necessary to combat such disaster, protecting the health

and safety of persons and property, and providing emergency

assistance to the victims of such disaster. Each political

subdivision is authorized to exercise the powers vested under this

section in the light of the exigencies of the extreme emergency

situation without regard to time-consuming procedures and

formalities prescribed by law, excepting mandatory constitutional

requirements, pertaining to the performance of public work, entering

into contracts, the incurring of obligations, the employment of

temporary workers, the rental of equipment, the purchase of supplies

Oklahoma Statutes - Title 63. Public Health and Safety Page 1230

and materials, and the appropriation and expenditure of public

funds.
Okla. Stat. tit. 63, § 63-1-229.13 — OK Code / Title 63 / Section 63-1-229.13
Furnishing of tobacco or vapor products to persons
Status: in_force

under 21 prohibited – Proof of age – Fines – Liability.

A. It is unlawful for any person to sell, give or furnish in

any manner any tobacco product, nicotine product or vapor product to

another person who is under twenty-one (21) years of age, or to

purchase in any manner a tobacco product, nicotine product or vapor

product on behalf of any such person. It shall not be unlawful for

an employee under twenty-one (21) years of age to handle tobacco

products, nicotine products or vapor products when required in the

performance of the employee’s duties.

B. A person engaged in the sale or distribution of tobacco

products, nicotine products or vapor products shall demand proof of

age from a prospective purchaser or recipient if an ordinary person

would conclude on the basis of appearance that the prospective

purchaser may be under twenty-one (21) years of age.

If an individual engaged in the sale or distribution of tobacco

products, nicotine products or vapor products has demanded proof of

age from a prospective purchaser or recipient who is not under

twenty-one (21) years of age, the failure to subsequently require

proof of age shall not constitute a violation of this subsection.

C. 1. When a person violates subsection A or B of this

section, the Alcoholic Beverage Laws Enforcement (ABLE) Commission

shall impose an administrative fine of:

a. not more than One Hundred Dollars ($100.00) for the

first offense,

b. not more than Two Hundred Dollars ($200.00) for the

second offense within a two-year period following the

first offense,

c. not more than Three Hundred Dollars ($300.00) for a

third offense within a two-year period following the

first offense. In addition to any other penalty, the

store’s license to sell tobacco products or nicotine

products or the store’s sales tax permit for a store

that is predominantly engaged in the sale of vapor

products in which the sale of other products is merely

incidental may be suspended for a period not exceeding

thirty (30) days, or

d. not more than Three Hundred Dollars ($300.00) for a

fourth or subsequent offense within a two-year period

following the first offense. In addition to any other

penalty, the store’s license to sell tobacco products

or nicotine products or the store’s sales tax permit

for a store that is predominantly engaged in the sale

Oklahoma Statutes - Title 63. Public Health and Safety Page 134

of vapor products in which the sale of other products

is merely incidental may be suspended for a period not

exceeding sixty (60) days.

2. When it has been determined that a penalty shall include a

license or permit suspension, the ABLE Commission shall notify the

Oklahoma Tax Commission, and the Tax Commission shall suspend the

store’s license to sell tobacco products or nicotine products or the

store’s sales tax permit for a store that is predominantly engaged

in the sale of vapor products in which the sale of other products is

merely incidental at the location where the offense occurred for the

period of time prescribed by the ABLE Commission.

3. Proof that the defendant demanded, was shown, and reasonably

relied upon proof of age shall be a defense to any action brought

pursuant to this section. A person cited for violating this section

shall be deemed to have reasonably relied upon proof of age, and

such person shall not be found guilty of the violation if such

person proves that:

a. the individual who purchased or received the tobacco

product, nicotine product or vapor product presented a

driver license or other government-issued photo

identification purporting to establish that such

individual was twenty-one (21) years of age or older,

or

b. the person cited for the violation confirmed the

validity of the driver license or other government-

issued photo identification presented by such

individual by performing a transaction scan by means

of a transaction scan device.

Provided, that this defense shall not relieve from liability any

person cited for a violation of this section if the person failed to

exercise reasonable diligence to determine whether the physical

description and picture appearing on the driver license or other

government-issued photo identification was that of the individual

who presented it. The availability of the defense described in this

subsection does not affect the availability of any other defense

under any other provision of law.

D. If the sale is made by an employee of the owner of a store

at which tobacco products, nicotine products or vapor products are

sold at retail, the employee shall be guilty of the violation and

shall be subject to the fine. Each violation by any employee of an

owner of a store licensed to sell tobacco products or nicotine

products or permitted to sell vapor products shall be deemed a

violation against the owner for purposes of a license suspension

pursuant to subsection C of this section. Each violation by an

employee of a store predominantly engaged in the sale of vapor

products in which the sale of other products is merely incidental

shall be deemed a violation against the owner for purposes of a

Oklahoma Statutes - Title 63. Public Health and Safety Page 135

sales tax permit suspension pursuant to the provisions of subsection

C of this section. An owner of a store licensed to sell tobacco

products or nicotine products or permitted to sell vapor products

shall not be deemed in violation of the provisions of the Prevention

of Youth Access to Tobacco Act for any acts constituting a violation

by any person, when the violation occurs prior to actual employment

of the person by the storeowner or the violation occurs at a

location other than the owner’s retail store. For purposes of

determining the liability of a person controlling franchises or

business operations in multiple locations, for any violations of

subsection A or B of this section, each individual franchise or

business location shall be deemed a separate entity.

E. On or before December 15, 1997, the ABLE Commission shall

adopt rules establishing a method of notification of storeowners

when an employee of such storeowner has been determined to be in

violation of this section by the ABLE Commission or convicted of a

violation by a municipality.

F. 1. Upon failure of the employee to pay the administrative

fine within ninety (90) days of the day of the assessment of such

fine, the ABLE Commission shall notify Service Oklahoma, and Service

Oklahoma shall suspend or not issue a driver license to the employee

until proof of payment has been furnished to Service Oklahoma.

2. Upon failure of a storeowner to pay the administrative fine

within ninety (90) days of the assessment of the fine, the ABLE

Commission shall notify the Tax Commission, and the Tax Commission

shall suspend the store’s license to sell tobacco products or

nicotine products or the store’s sales tax permit for a store that

is predominantly engaged in the sale of vapor products in which the

sale of other products is merely incidental until proof of payment

has been furnished to the Oklahoma Tax Commission.

G. Cities and towns may enact and municipal police officers may

enforce ordinances prohibiting and penalizing conduct under

provisions of this section, but the provisions of municipal

ordinances shall be the same as provided for in this section, and

the penalty provisions under such ordinances shall not be more

stringent than those of this section.

H. County sheriffs may enforce the provisions of the Prevention

of Youth Access to Tobacco Act.
Okla. Stat. tit. 63, § 63-5061.1 — OK Code / Title 63 / Section 63-5061.1
I/T/U Shared Savings Program
Status: in_force

A. The purpose of this act is to maximize and direct the

reinvestment of any savings to the Oklahoma Health Care Authority

generated by enhanced federal matching authorized under Section

1905(b) of the Social Security Act at a rate of one hundred percent

(100%) for covered services received through participating Indian

Health Service, Tribal and Urban Indian (I/T/U) facilities.

B. There is hereby created the I/T/U Shared Savings Program.

Pursuant to guidance of the Centers for Medicare & Medicaid Services

(CMS), authorized services provided by a non-I/T/U Medicaid provider

to an American Indian or Alaska Native (AI/AN) Medicaid beneficiary

as a result of a referral from an I/T/U facility provider may be

eligible for the enhanced federal matching rate of one hundred

percent (100%).

C. 1. The Authority shall distribute up to fifty percent (50%)

of any savings that result from the I/T/U Shared Savings Program

provided for in this section to participating I/T/U facilities that

have complied with the terms of this act and applicable federal law,

but only after administrative costs incurred by the Authority in

implementing the I/T/U Shared Savings Program have been fully

satisfied.

2. Distributions to participating I/T/U facilities shall be

used to increase care coordination and to support health care

initiatives for AI/AN populations.

3. The Authority shall deposit any shared savings that remain

after administrative costs have been fully paid, and after

distributions have been made to participating I/T/U facilities, into

the I/T/U Shared Savings Revolving Fund created in Section 2 of this

act for the purpose of increasing Medicaid provider rates. Monies

in the fund shall not be used to replace other general revenues

appropriated and funded by the Legislature or other revenues used to

support Medicaid.

D. 1. All actions taken by the Authority in implementing the

I/T/U Shared Savings Program shall be made in accordance with

applicable state and federal Medicaid law and CMS State Health

Official letter (SHO) #16-002, issued on February 26, 2016, and CMS

Frequently Asked Questions (FAQs) regarding "Federal Funding for

Services 'Received Through' an IHS/Tribal Facility and Furnished to

Medicaid-Eligible American Indians and Alaska Natives (SHO #16-002)"

issued on January 18, 2017, and as such guidance may be hereinafter

amended or modified.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1760

2. The Authority shall make distributions to a participating

I/T/U facility in accordance with paragraph 1 of subsection C of

this section, contingent upon the production of executed copies of

Care Coordination Agreements (CCAs) for all services billed to

Oklahoma Medicaid that were received through the I/T/U facility.

CCAs must be executed between the I/T/U facility and the non-I/T/U

provider and must include, at a minimum, assurances that care

coordination shall involve:

a. the I/T/U facility practitioner providing a request

for specific services by electronic or other

verifiable means and relevant information about the

practitioner's patient to the non-I/T/U provider,

b. the non-I/T/U provider sending information about the

care the non-I/T/U provider provides to the patient

including the results of any screening, diagnostic or

treatment procedures, to the I/T/U facility

practitioner,

c. the I/T/U facility practitioner continuing to assume

responsibility for the patient's care by assessing the

information and taking appropriate action including,

when necessary, furnishing or requesting additional

services, and

d. the I/T/U facility incorporating the patient's

information in the medical record through the

statewide health information exchange or other agreed-

upon means.

E. The Oklahoma Health Care Authority Board is authorized to

promulgate administrative rules and to enter into contractual

agreements with I/T/U facilities as needed to effectuate the

provisions of this act. As part of the rulemaking process, the

Authority shall comply with the Tribal Consultation Requirements

provided by the Medicaid State Plan.

F. The Authority shall promptly seek any necessary federal

approval for the implementation of this act. In the event that any

necessary federal approval is not obtained, or in the event funding

of Oklahoma Medicaid from state, federal or other sources is

withdrawn, reduced or limited in any way that affects implementation

of the I/T/U Shared Savings Program, the I/T/U Shared Savings

Program may be terminated immediately by the Authority, and no court

or tribunal shall have jurisdiction to review such termination.
Okla. Stat. tit. 63, § 63-1-881 — OK Code / Title 63 / Section 63-1-881
Prescribing antipsychotic drugs to long-term care
Status: in_force

facility residents – Written consent – Denial of admission.

A. As used in this section:

1. "Antipsychotic drug" means a drug, sometimes called a major

tranquilizer, used to treat symptoms of severe psychiatric

disorders, including, but not limited to, schizophrenia and bipolar

disorder;

2. "Long-term care facility" means:

a. a nursing facility as defined by Section 1-1902 of

this title,

b. the nursing facility component of a continuum of care

facility as defined under the Continuum of Care and

Assisted Living Act, or

c. the nursing care component of a life care community as

defined by the Long-term Care Insurance Act;

3. "Resident" means a resident as defined by Section 1-1902 of

this title;

4. "Representative of a resident" means a representative of a

resident as defined by Section 1-1902 of this title; and

5. "Prescribing clinician" means:

a. an allopathic or osteopathic physician licensed by and

in good standing with the State Board of Medical

Licensure and Supervision or the State Board of

Osteopathic Examiners, as appropriate,

b. a physician assistant licensed by and in good standing

with the State Board of Medical Licensure and

Supervision, or

c. an Advanced Practice Registered Nurse licensed by and

in good standing with the Oklahoma Board of Nursing.

Oklahoma Statutes - Title 63. Public Health and Safety Page 545

B. Except in case of an emergency in which the resident poses

harm to the resident or others, no long-term care facility resident

shall be prescribed or administered an antipsychotic drug that was

not already prescribed to the resident prior to admission to the

facility unless each of the following conditions has been satisfied:

1. The resident has been examined by the prescribing clinician

and diagnosed with a psychiatric condition and the prescribed drug

is approved by the United States Food and Drug Administration for

that condition or prescribed in accordance with generally accepted

clinical practices;

2. The prescribing clinician, or a previous prescribing

clinician, has unsuccessfully attempted to accomplish the drug's

intended effect using contemporary and generally accepted

nonpharmacological care options, and has documented those attempts

and their results in the resident's medical record or has deemed

that those attempts would not be medically appropriate based upon a

physical examination by the prescribing clinician and documented the

rationale in the resident's medical record;

3. The facility has provided to the resident or representative

of the resident a written explanation of applicable informed consent

laws. The explanation shall be written in language that the

resident or representative of a resident can be reasonably expected

to understand;

4. The prescribing clinician has confirmed with the nursing

facility verbally or otherwise that written, informed consent has

been obtained from the resident or representative of the resident

that meets the requirements of subsection C of this section; and

5. In the event a long-term care facility resident is

prescribed an antipsychotic medication in the case of an emergency,

the prescribing physician shall prescribe the minimum dosage and

duration that is prudent for the resident's condition and shall

examine the patient in person within thirty (30) days.

C. Except in the case of an emergency as provided for in

subsection B of this section, the prescribing clinician shall

confirm that written, voluntary informed consent to authorize the

administration of an antipsychotic drug to a facility resident has

been obtained from the resident or the representative of the

resident prior to the initial administration of the antipsychotic

drug. Voluntary informed consent shall, at minimum, consist of the

following:

1. The prescribing clinician has confirmed that a signed,

written affirmation has been obtained from the resident or the

representative of the resident that the resident has been informed

of all pertinent information concerning the administration of an

antipsychotic drug in language that the signer can reasonably be

expected to understand. Pertinent information shall include, but

not be limited to:

Oklahoma Statutes - Title 63. Public Health and Safety Page 546

a. the reason for the drug's prescription and the

intended effect of the drug on the resident's

condition,

b. the nature of the drug and the procedure for its

administration, including dosage, administration

schedule, method of delivery and expected duration for

the drug to be administered,

c. risks, common side effects and potential severe

adverse reactions associated with the administration

of the drug,

d. the right of the resident or representative of the

resident to refuse the administration of the

antipsychotic drug and the medical consequences of

such refusal, and

e. an explanation of pharmacological and

nonpharmacological alternatives to the administration

of antipsychotic drugs and the resident's right to

choose such alternatives; and

2. Except in the case of an emergency as provided for in

subsection B of this section, the prescribing clinician shall inform

the resident or the representative of the resident of the existence

of the long-term care facility's policies and procedures for

compliance with informed consent requirements. The facility shall

make these available to the resident or representative of the

resident prior to administering any antipsychotic drug upon request.

D. 1. Antipsychotic drug prescriptions and administration

shall be consistent with standards for dosage, duration and

frequency of administration that are generally accepted for the

resident's condition.

2. Throughout the duration of the administration of an

antipsychotic drug and at generally accepted intervals approved for

the resident's condition, the prescribing clinician or designee

shall monitor the resident's condition and evaluate drug performance

with respect to the condition for which the drug was prescribed.

The prescribing clinician shall provide documentation of the status

of the resident's condition to the resident or the representative of

the resident upon request and without unreasonable delay.

3. Any change in dosage or duration of the administration of an

antipsychotic drug shall be justified by the prescribing clinician

with documentation on the resident's record of the clinical

observations that warranted the change.

E. 1. No long-term care facility shall deny admission or

continued residency to a person on the basis of the person's or his

or her representative's refusal to the administration of

antipsychotic drugs, unless the prescribing clinician or care

facility can demonstrate that the resident's refusal would place the

Oklahoma Statutes - Title 63. Public Health and Safety Page 547

health and safety of the resident, the facility staff, other

residents or visitors at risk.

2. Any care facility that alleges that the resident's refusal

to consent to the administration of antipsychotic drugs will place

the health and safety of the resident, the facility staff, other

residents or visitors at risk shall document the alleged risk in

detail and shall present this documentation to the resident or the

representative of the resident, to the State Department of Health

and to the Long-Term Care Ombudsman, and shall inform the resident

or the representative of the resident of the resident's right to

appeal to the State Department of Health. The documentation of the

alleged risk shall include a description of all nonpharmacological

or alternative care options attempted and why they were unsuccessful

or why the prescribing clinician determined alternative treatments

were not medically appropriate for the condition following a

physical examination.

F. The provisions of this section shall not apply to a hospice

patient as defined in Section 1-860.2 of this title.
Okla. Stat. tit. 63, § 63-2623 — OK Code / Title 63 / Section 63-2623
Medical savings account - Contributions and withdrawals
Status: in_force

A. For taxable years beginning after December 31, 1995, an

individual who is a resident of this state or an employer shall be

allowed to deposit contributions to a medical savings account. The

amount of deposit for the first taxable year subsequent to the

effective date of this act shall not exceed:

1. Two Thousand Dollars ($2,000.00) for the account holder;

2. Two Thousand Dollars ($2,000.00) for the spouse of the

account holder; and

3. One Thousand Dollars ($1,000.00) for each dependent child of

the account holder.

B. The maximum allowable amount of deposit for subsequent years

shall be increased annually by a percentage equal to the previous

year's increase in the national Consumer Price Index (CPI).

C. Contributions made to and interest earned on a medical

savings account shall be exempt from taxation as adjusted gross

income in this state as provided for in Section 2358 of Title 68 of

the Oklahoma Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1414

D. Upon agreement between an employer and employee, an employee

may either have the employer contribute to the employee's medical

savings account under a medical savings account program or continue

to make contributions under the employee's existing health insurance

policy or program, subject to the restrictions in paragraph 1 of

subsection E of this section. For purposes of the Medical Savings

Account Act, an employer shall include a participating employer as

defined in the Oklahoma State Employees Benefits Act.

E. The medical savings account shall be established as a trust

under the laws of this state and placed with a trustee.

1. The trustee shall utilize the funds held in a medical

savings account solely for the purpose of paying the eligible

medical expenses of the account holder or the dependents of the

account holder or to purchase a health benefit plan, certification,

or contract if the account holder does not otherwise have health

insurance coverage. Funds held in a medical savings account shall

not be used to cover medical expenses of the account holder or

dependents of the account holder that are otherwise covered by other

means, including but not limited to medical expenses covered

pursuant to an automobile insurance policy, a workers' compensation

insurance policy or self-insured plan, or another health coverage

policy, certificate, or contract.

2. The account holder may submit prior to the end of the tax

year documentation of medical expenses paid by the account holder

during that tax year to the trustee and the trustee shall reimburse

the account holder for eligible medical expenses from the medical

savings account.

3. Any funds remaining in a medical savings account at the end

of the tax year after all medical expenses have been paid unless

withdrawn as provided for in this section shall remain in the

account and may be used by the account holder for payment of future

medical expenses.

F. An account holder may withdraw money from the medical

savings account of the account holder for any purpose other than a

purpose listed in paragraph 1 of subsection E of this section, only

on the last business day of the trustee's business year. If money

is withdrawn on that date, pursuant to this subsection, it shall be

considered income for income tax purposes and shall not be eligible

for the exemption provided in Section 2358 of Title 68 of the

Oklahoma Statutes.

G. If the account holder withdraws money for any purpose, other

than a purpose described in paragraph 1 of subsection E of this

section, at any time other than on the last business day of the

trustee's business year, all of the following shall apply:

1. The amount of the withdrawal shall be considered income for

income tax purposes and shall not be eligible for the tax exemption

provided in Section 2358 of Title 68 of the Oklahoma Statutes;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1415

2. The trustee shall withhold and shall pay on behalf of the

account holder a penalty to the Oklahoma Tax Commission equal to ten

percent (10%) of the amount of the withdrawal; and

3. All interest earned on the account during the tax year in

which a withdrawal occurs shall be considered income for income tax

purposes.

H. Upon the death of the account holder, the account principal,

as well as any interest accumulated thereon, shall be distributed to

the estate of the account holder and shall be taxed as part of the

estate.

I. If an employee is no longer employed by an employer that

participates in a medical savings account program and the employee,

not more than sixty (60) days after the final day of employment,

transfers the account to a new trustee or requests in writing to the

trustee of the former employer that the account remain with that

trustee and that trustee agrees to retain the account, the money in

the medical savings account may be utilized for the benefit of the

account holder or the dependents of the account holder subject to

this act, and the money shall remain exempt from taxation pursuant

to Section 2358 of Title 68 of the Oklahoma Statutes. Not more than

thirty (30) days after the expiration of the sixty-day transfer

period, if the account holder has not transferred the account or the

trustee has not accepted the account of the former employee, the

employer shall mail a check to the last-known address of the former

employee in an amount equal to the amount in the account on the date

the check is mailed. The amount shall be taxed and subject to

penalty as provided for in subsection G of this section. If an

employee becomes employed with a different employer that

participates in a medical savings account program before the

expiration of the sixty-day transfer period, the employee may

transfer the medical savings account to the trustee of the new

employer without penalty.
Okla. Stat. tit. 63, § 63-1-1908 — OK Code / Title 63 / Section 63-1-1908
Fire safety standards - Vendor payments
Status: in_force

A. No facility shall be licensed to operate or continue to

operate unless, in addition to compliance with other current

licensure requirements, the building is of one-hour fire resistant

construction and approved by the Department and the State Fire

Marshal. If the building is not of one-hour fire resistant

construction in addition to the other current licensure

requirements, the facility must be approved by the State Department

of Health and the State Fire Marshal. In addition, the facility

must have an approved automatic sprinkler system, as rated and

approved by the National Fire Protection Association Standards.

B. Each facility that proposes an increase in beds, whether

through new construction or modification, shall submit construction

plans to the Department for review prior to the start of

construction. The Department may assess a fee for such review in an

amount not more than two one-hundredths percent (0.02%) or One

Thousand Dollars ($1,000.00), whichever is the least amount, per

project of the total construction cost of the facility or

modification. The maximum fee for plan review for a ten-bed or ten

percent (10%) expansion project authorized under subsection C of

Section 1-852 of this title shall be One Thousand Dollars

($1,000.00). The State Board of Health shall promulgate rules for

submission and resubmission of construction plans to ensure the

timely review of such plans by the Department.

C. The Department of Human Services and the Oklahoma Health

Care Authority shall not make a vendor payment to any individual or

facility on behalf of any person for medical care rendered in the

form of nursing service outside such person's home, unless such

individual or facility holds a current nursing facility, continuum

of care facility, assisted living, or adult day care license issued

by the Commissioner or other state agency authorized to issue such

license.
Okla. Stat. tit. 63, § 63-1079 — OK Code / Title 63 / Section 63-1079
Reports and audits
Status: in_force

At least once a year an authority shall file with the clerk of

the governing body of the jurisdiction within which the authority

operates a complete financial and operating report of the preceding

fiscal year which shall be and remain a public record. When

required by federal law, an authority shall file an audit of all

financial and other transactions for the previous fiscal year and

shall file such audit with the clerk as a public record and make

recommendations with reference to such additional legislation or

other action as it deems necessary in order to carry out the

purposes of this act.
Okla. Stat. tit. 63, § 63-2060 — OK Code / Title 63 / Section 63-2060
Short title – Oklahoma Certified Healthy Communities Act
Status: in_force

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

"Oklahoma Certified Healthy Communities Act".

B. The State Department of Health shall establish and maintain

a program for the voluntary certification of communities that

promote wellness, encourage the adoption of healthy behaviors, and

establish safe and supportive environments.

C. The Department shall develop criteria for certification.

The criteria may include, but shall not be limited to:

1. The development and publication of educational materials

that promote health;

2. The development, implementation, and enforcement of local

social host policies;

3. The implementation of local ordinances that promote the

establishment of sidewalks, walking trails, and bicycle lanes;

4. The development of parks and recreation areas;

5. The establishment of community gardens;

6. Incentives and support for farmers' markets;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1337

7. Incentives and support for community health services, such

as free clinics;

8. Incentives and support for community mental health services;

and

9. Incentives and support for improved housing, including

energy efficiency.

D. The Department shall develop an online scoring system based

on the criteria developed pursuant to subsection C of this section.

The program shall recognize three levels of certification based on

the online scoring system as follows:

1. Basic certification;

2. Merit certification; and

3. Excellence certification.

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

recommendations of the Advancement of Wellness Advisory Council

created in Section 44 of this act, may promulgate rules as necessary

to implement the provisions of this section.
Okla. Stat. tit. 63, § 63-2-328 — OK Code / Title 63 / Section 63-2-328
Violations - Penalties
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 973

A. A person or business who manufactures, sells, transfers,

furnishes, or receives a precursor substance defined in Section 2-

322 of this title commits an offense if the person:

1. Does not comply with the requirements of Section 2-322, 2-

323 or 2-326 of this title; or

2. Knowingly makes a false statement in a report or record

required by Section 2-323 or 2-326 of this title.

B. Except as provided by subsection C of this section, an

offense under subsection A of this section is a misdemeanor and

punishable by imprisonment in the county jail for a term not to

exceed one (1) year or by a fine not to exceed Ten Thousand Dollars

($10,000.00).

C. A person who manufactures, sells, transfers, or otherwise

furnishes a precursor substance defined in Section 2-322 of this

title commits a Class B4 felony offense if the person manufactures,

sells, transfers, or furnishes the substance with the knowledge or

intent that the recipient shall use the substance to unlawfully

manufacture a controlled substance or a controlled substance analog.

D. A second or subsequent violation of subsection A 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 or by a fine not to exceed Twenty-five Thousand

Dollars ($25,000.00), or by both such fine and imprisonment. Any

imprisonment imposed shall not run concurrent with other

imprisonment sentences for violations of other provisions of Title

63 of the Oklahoma Statutes.

E. A person who is required by Section 2-322 or 2-324 of this

title to have a permit for precursor substances commits an offense

if the person:

1. Purchases, obtains, or possesses a precursor substance

without having first obtained a permit;

2. Has in his possession or immediate control a precursor

substance with no attached permit;

3. Knowingly makes a false statement in an application or

report required by Section 2-324 or 2-326 of this title; or

4. Manufactures, sells, transfers, or otherwise furnishes any

person or business a precursor substance defined in Section 2-322 of

this title, who does not have a permit.

F. An offense under subsection C or E of this section is a

Class B4 felony offense punishable by imprisonment in the State

Penitentiary for a term of not more than ten (10) years or by a fine

not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both

such fine and imprisonment. Any imprisonment imposed shall not run

concurrent with other imprisonment sentences for violations of other

provisions of Title 63 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-1523 — OK Code / Title 63 / Section 63-1-1523
Smoking in certain places prohibited - Exemptions
Status: in_force

A. Except as specifically provided in the Smoking in Public

Places and Indoor Workplaces Act, no person shall smoke tobacco or

marijuana or vape marijuana in a public place, in any part of a zoo

to which the public may be admitted, whether indoors or outdoors, in

an indoor workplace, in any vehicle providing public transportation,

at a meeting of a public body, in a nursing facility licensed

pursuant to the Nursing Home Care Act, or in a child care facility

licensed pursuant to the Oklahoma Child Care Facilities Licensing

Act. A nursing facility licensed pursuant to the Nursing Home Care

Act may designate tobacco smoking rooms for residents and their

guests. Such rooms shall be fully enclosed, directly exhausted to

Oklahoma Statutes - Title 63. Public Health and Safety Page 635

the outside, and shall be under negative air pressure so that no

tobacco smoke can escape when a door is opened and no air is

recirculated to nonsmoking areas of the building. Commercial

airport operators may prohibit the use of lighted tobacco or lighted

marijuana or the vaping of marijuana in any area that is open to or

used by the public whether located indoors or outdoors, provided

that the outdoor area is within one hundred seventy-five (175) feet

from an entrance.

B. 1. Except as otherwise provided in paragraph 2 of this

subsection, a technology center school district which offers an

early childhood education program or in which children in grades

kindergarten through twelve are educated shall prohibit tobacco or

marijuana smoking or marijuana vaping, the use of marijuana

products, snuff, chewing tobacco or any other form of tobacco

product in the educational facility buildings and on the grounds of

the facility by all persons including, but not limited to, full-

time, part-time, and contract employees, during the hours of 7:00

a.m. to 4:00 p.m., during the school session, or when class or any

program established for students is in session.

2. A technology center school district may designate tobacco

smoking areas outside of buildings, away from general traffic areas

and completely out of sight of children under eighteen (18) years of

age, for use by adults attending training courses, sessions,

meetings or seminars.

3. A technology center school district or college or university

may designate tobacco smoking areas outside the educational facility

buildings for the use of adults during certain activities or

functions, including, but not limited to, athletic contests.

4. Smoking tobacco or marijuana or vaping marijuana shall be

prohibited in an educational facility as defined in the 24/7

Tobacco-free Schools Act and as provided for in Section 1210.213 of

Title 70 of the Oklahoma Statutes.

C. Nothing in this section shall be construed to prohibit

educational facilities from having more restrictive policies

regarding tobacco or marijuana smoking or marijuana vaping and the

use of other marijuana or tobacco products in the buildings or on

the grounds of the facility.

D. A private residence is not a "public place" within the

meaning of the Smoking in Public Places and Indoor Workplaces Act

except that areas in a private residence that are used as a licensed

child care facility during hours of operation are "public places"

within the meaning of the Smoking in Public Places and Indoor

Workplaces Act.

E. Smoking tobacco or marijuana or vaping marijuana is

prohibited in all vehicles owned by the State of Oklahoma and all of

its agencies and instrumentalities.

Oklahoma Statutes - Title 63. Public Health and Safety Page 636

F. Veterans centers operated by this state pursuant to the

provisions of Section 221 et seq. of Title 72 of the Oklahoma

Statutes shall be designated nonsmoking effective January 1, 2015,

at which time veterans centers may establish outdoor designated

smoking areas for resident veterans only. Smoking tobacco shall

only be allowed in designated outdoor smoking areas.

G. An employer not otherwise restricted from doing so may elect

to provide tobacco smoking rooms where no work is performed except

for cleaning and maintenance during the time the room is not in use

for tobacco smoking, provided each tobacco smoking room is fully

enclosed and exhausted directly to the outside, in such manner that

no tobacco smoke can drift or circulate into a nonsmoking area. No

exhaust from a tobacco smoking room shall be located within fifteen

(15) feet of any entrance, exit or air intake. If tobacco smoking

is to be permitted in any space exempted in subsection H of this

section or in a tobacco smoking room pursuant to subsection I of

this section, such tobacco smoking space must either occupy the

entire enclosed indoor space or, if it shares the enclosed space

with any nonsmoking areas, the tobacco smoking space shall be fully

enclosed, exhausted directly to the outside with no air from the

tobacco smoking space circulated to any nonsmoking area, and under

negative air pressure so that no tobacco smoke can drift or

circulate into a nonsmoking area when a door to an adjacent

nonsmoking area is opened. Air from a tobacco smoking room shall

not be exhausted within fifteen (15) feet of any entrance, exit or

air intake.

H. The Smoking in Public Places and Indoor Workplaces Act shall

not prohibit tobacco smoking in:

1. Stand-alone bars, stand-alone taverns or cigar bars;

2. The room or rooms where licensed charitable bingo games are

being operated, but only during the hours of operation of such

games;

3. Up to twenty-five percent (25%) of the guest rooms at a

hotel or other lodging establishment;

4. Retail tobacco stores predominantly engaged in the sale of

tobacco products and accessories and in which the sale of other

products is merely incidental and in which no food or beverage is

sold or served for consumption on the premises;

5. Workplaces where only the owner or operator of the

workplace, or the immediate family of the owner or operator,

performs any work in the workplace, and the workplace has only

incidental public access;

6. Workplaces occupied exclusively by one or more tobacco

smokers, if the workplace has only incidental public access.

"Incidental public access" means that a place of business has only

an occasional person, who is not an employee, present at the

business to transact business or make a delivery. It does not

Oklahoma Statutes - Title 63. Public Health and Safety Page 637

include businesses that depend on walk-in customers for any part of

their business;

7. Private offices occupied exclusively by one or more smokers;

8. Workplaces within private residences, except that smoking

tobacco or marijuana or vaping marijuana shall not be allowed inside

any private residence that is used as a licensed child care facility

during hours of operation;

9. A facility operated by a post or organization of past or

present members of the Armed Forces of the United States which is

exempt from taxation pursuant to Sections 501(c)(8), 501(c)(10) or

501(c)(19) of the Internal Revenue Code, 26 U.S.C., Section

501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized

exclusively by its members and their families and for the conduct of

post or organization nonprofit operations except during an event or

activity which is open to the public;

10. Any outdoor seating area of a restaurant; provided, tobacco

or marijuana smoking or vaping marijuana shall not be allowed within

fifteen (15) feet of any exterior public doorway or any air intake

of a restaurant; and

11. Medical research or treatment centers, if tobacco smoking

is integral to the research or treatment. Furthermore, the

restrictions on smoking or vaping of marijuana provided in this

section shall not apply to medical research or treatment centers, if

marijuana smoking or vaping is integral to the research or

treatment.

I. Notwithstanding any other provision of the Smoking in Public

Places and Indoor Workplaces Act, until March 1, 2006, restaurants

may have designated tobacco smoking and nonsmoking areas or may be

designated as being a totally nonsmoking area. Beginning March 1,

2006, restaurants shall be totally nonsmoking or may provide

nonsmoking areas and designated tobacco smoking rooms. Food and

beverage may be served in such designated tobacco smoking rooms

which shall be in a location which is fully enclosed, directly

exhausted to the outside, under negative air pressure so tobacco

smoke cannot escape when a door is opened, and no air is

recirculated to nonsmoking areas of the building. No exhaust from

such room shall be located within twenty-five (25) feet of any

entrance, exit or air intake. Such room shall be subject to

verification for compliance with the provisions of this subsection

by the State Department of Health.
Okla. Stat. tit. 63, § 63-3111.3 — OK Code / Title 63 / Section 63-3111.3
Execution for power of attorney for health care –
Status: in_force

Authority of agent.

A. A person with capacity may give an oral or written

individual instruction. The instruction may be limited to take

effect only if a specified condition arises.

B. A person with capacity may execute a power of attorney for

health care, which may authorize the agent to make any health care

decision the principal could have made while having capacity other

than the withholding or withdrawal of life-sustaining treatment,

nutrition, or hydration, which may only be authorized in compliance

with the Oklahoma Advance Directive Act; provided, however, the

power of attorney for health care may authorize the agent to sign a

do-not-resuscitate consent in accordance with the provisions of the

Oklahoma Do-Not-Resuscitate Act, Section 3131.1 et seq. of Title 63

of the Oklahoma Statutes. The power shall be in writing and signed

by the principal. The power remains in effect notwithstanding the

principal’s later incapacity and may include individual

instructions. Unless related to the principal by blood, marriage,

or adoption, an agent may not be an owner, operator, or employee of

a residential long-term health care institution at which the

principal is receiving care.

C. Unless otherwise specified in a power of attorney for health

care, the authority of an agent becomes effective only upon a

determination that the principal lacks capacity and ceases to be

effective upon a determination that the principal has recovered

capacity.

D. Unless otherwise specified in a power of attorney for health

care, a determination that an individual lacks or has recovered

capacity, or that another condition exists that affects an

individual instruction or the authority of an agent, shall be made

by the attending physician.

E. An agent shall make health care decisions in accordance with

the principal’s individual instructions, if any, and other wishes to

the extent known to the agent. Otherwise, the agent shall make the

decision in accordance with the agent’s determination of the

principal’s best interest. In determining the principal’s best

interest, the agent shall consider the principal’s personal values

to the extent known to the agent.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1488

F. A health care decision made by an agent for a principal is

effective without judicial approval.

G. A power of attorney for health care shall be signed by the

principal in the presence of a notary public or witnessed by two (2)

individuals who are at least eighteen (18) years of age and who are

not legatees, devisees, or heirs at law of the principal.

H. A power of attorney for health care is valid for purposes of

this act if it is in substantial compliance with this act,

regardless of when or where executed or communicated.
Okla. Stat. tit. 63, § 63-1-745.39 — OK Code / Title 63 / Section 63-1-745.39
Private civil action
Status: in_force

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

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

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

any person who:

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

2. Knowingly engages in conduct that aids or abets the

performance or inducement of an abortion including paying for or

reimbursing the costs of an abortion through insurance or otherwise,

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

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

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

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

2 of this subsection.

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

section, the court shall award:

1. Injunctive relief sufficient to prevent the defendant from

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

of this act;

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

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

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

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

abetted;

3. Nominal and compensatory damages if the plaintiff has

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

to loss of consortium and emotional distress; and

4. Court costs and attorney fees.

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

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

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

A of this section if the defendant demonstrates that a court has

already ordered the defendant to pay not less than Ten Thousand

Oklahoma Statutes - Title 63. Public Health and Safety Page 405

Dollars ($10,000.00) of statutory damages as provided in paragraph 2

of subsection B of this section in a previous action for that

particular abortion performed or induced in violation of this act,

or for the particular conduct that aided or abetted an abortion

performed or induced in violation of this act.

D. Notwithstanding any other law, a person may bring an action

under this section not later than six (6) years after the date the

cause of action accrues.

E. Notwithstanding any other law, the following are not a

defense to an action brought under this section:

1. Ignorance or mistake of law;

2. A defendant's belief that the requirements of this act are

unconstitutional or were unconstitutional;

3. A defendant's reliance on any court decision that has been

overruled on appeal or by a subsequent court, even if that court

decision had not been overruled when the defendant engaged in

conduct that violates this act;

4. A defendant's reliance on any state or federal court

decision that is not binding on the court in which the action has

been brought;

5. Non-mutual issue preclusion or non-mutual claim preclusion;

6. The consent of the unborn child's mother to the abortion; or

7. Any claim that the enforcement of this act or the imposition

of civil liability against the defendant will violate the

constitutional rights of third parties, except as provided by

Section 10 of this act.

F. 1. It is an affirmative defense if a person sued under

paragraph 2 or 3 of subsection A of this section reasonably

believed, after conducting a reasonable investigation, that the

individuals and organizations involved with performing or

facilitating the abortion would comply with this act.

2. The defendant has the burden of proving an affirmative

defense under paragraph 1 of this subsection by a preponderance of

the evidence.

G. This section shall not be construed to impose liability on

any speech or conduct protected by the First Amendment of the United

States Constitution, as made applicable to the states through the

United States Supreme Court's interpretation of the Fourteenth

Amendment of the United States Constitution, or by Section 3 or 22

of Article II of the Oklahoma Constitution.

H. 1. Notwithstanding any other law, neither the state, nor

any of its political subdivisions, nor any district or county

attorney, nor any executive or administrative officer or employee of

this state or a political subdivision may:

a. act in concert or participation with anyone who brings

suit under this section,

Oklahoma Statutes - Title 63. Public Health and Safety Page 406

b. establish or attempt to establish any type of agency

or fiduciary relationship with a plaintiff who brings

suit under this section,

c. make any attempt to control or influence a plaintiff's

decision to bring suit under this section or the

plaintiff's conduct of the litigation, or

d. intervene in an action brought under this section.

2. This subsection shall not prohibit a person or entity

described by this subsection from filing an amicus curiae brief in

the action, so long as that person or entity does not act in concert

or participation with the plaintiff or plaintiffs who sue under this

section or violate any provision of paragraph 1 of this subsection.

I. Notwithstanding any other law, a court shall not award court

costs or attorney fees to a defendant in an action brought under

this section.

J. Notwithstanding any other law, a civil action under this

section shall not be subject to any provision of the Oklahoma

Citizens Participation Act, Section 1430 et seq. of Title 12 of the

Oklahoma Statutes, and shall not be subject to any provision of the

Oklahoma Religious Freedom Act, Section 251 et seq. of Title 51 of

the Oklahoma Statutes.

K. Notwithstanding any other law, a civil action under this

section shall not be brought:

1. Against the woman upon whom an abortion was performed or

induced or attempted to be performed or induced in violation of this

act, or against a pregnant woman who intends or seeks to abort her

unborn child in violation of this act;

2. Against any person or entity that performs, aids or abets,

or attempts to perform or aid or abet an abortion at the behest of

federal agencies, contractors, or employees that are carrying out

duties under federal law, if a prohibition on that abortion would

violate the doctrines of preemption or intergovernmental immunity;

3. Against any common carrier that transports a pregnant woman

to an abortion provider, if the common carrier is unaware that the

woman intends to abort her unborn child; or

4. By a person who impregnated a woman seeking an abortion

through an act of rape, sexual assault, incest, or any other act

prohibited by state law.
Okla. Stat. tit. 63, § 63-984 — OK Code / Title 63 / Section 63-984
Violations and penalties
Status: in_force

Every person, firm, corporation, association, and every agent or

employee of any such person, firm, corporation, or association, who

violates any of the provisions of this act, shall be guilty of a

misdemeanor, and upon conviction thereof, shall be liable to a fine

of not more than Five Hundred Dollars ($500.00), or imprisonment in

the county jail for a term not to exceed six (6) months, or both

such fine and imprisonment; and in addition thereof, if such

violation results in physical or electrical contact with any

overhead high voltage line or conductor, the person, firm,

corporation or association violating the provisions of this act,

shall be liable to the owner or operator of such high voltage line

or conductor for all damage to such facilities and for all liability

incurred by such owner or operator as a result of any such

accidental contact.
Okla. Stat. tit. 63, § 63-2200.12A — OK Code / Title 63 / Section 63-2200.12A
Search and notification
Status: in_force

A. The following persons shall make a reasonable search of an

individual who the person reasonably believes is dead or near death

for a document of gift or other information identifying the

individual as a donor or as an individual who made a refusal:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1360

1. A law enforcement officer, firefighter, paramedic, or other

emergency rescuer finding the individual; and

2. If no other source of the information is immediately

available, a hospital, as soon as practical after the individual’s

arrival at the hospital.

B. If a document of gift or a refusal to make an anatomical

gift is located by the search required by paragraph 1 of subsection

A of this section and the individual or deceased individual to whom

it relates is taken to a hospital, the person responsible for

conducting the search shall send the document of gift or refusal to

the hospital.

C. A person is not subject to criminal or civil liability for

failing to discharge the duties imposed by this section but may be

subject to administrative sanctions.
Okla. Stat. tit. 63, § 63-1-551.1 — OK Code / Title 63 / Section 63-1-551.1
Tumor registry
Status: in_force

A. The State Commissioner of Health shall establish and

maintain an up-to-date tumor registry to ensure an accurate and

continuing source of data concerning cancerous, precancerous and

tumorous diseases. Such registry may include data necessary for

epidemiological surveys and scientific research, and other data

which is necessary and proper to further the recognition,

prevention, control, treatment and cure of cancer, precancerous and

tumorous diseases.

B. The Commissioner shall require any hospital, clinic,

laboratory, pathologist, physician or dentist, or any facility which

provides diagnostic or treatment services for cancerous diseases and

precancerous conditions, to report any or all data and information

necessary for the purposes of this section which may include the

following:

1. Patient name, address, age, race, sex, Social Security

number and hospital identifier or other identifier;

2. Patient's residential, family, environmental, occupational

and medical histories; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 246

3. Physician's name, diagnosis, stage of the disease, method of

treatment and the name and address of any facility providing

treatment.

C. The provisions of subsection B of this section shall not

apply to ambulatory surgical centers, as defined by Section 2657 of

this title:

1. Upon submission of a signed affidavit that the ambulatory

surgical center utilizes a sole source pathology laboratory to

report any or all data and information necessary for the purposes of

this section; or

2. That are not certified by the Centers for Medicare and

Medicaid Services.

D. The Commissioner shall protect the identity of the patient

and physician involved in any report required by this section, and

may not release their identity without written consent, except that:

1. The Commissioner may grant any person involved in a

legitimate research activity access to confidential information

obtained by the Department concerning individual patients if:

a. the research activity is determined to be in the

interest of the public health and welfare,

b. the person conducting the research provides written

information about the purpose of the research project,

the nature of the data to be collected and how the

researcher intends to analyze it, the records the

researcher wishes to review, and the safeguards the

researcher will take to protect the identity of the

patients whose records the researcher will be

reviewing,

c. the proposed safeguards are adequate to protect the

identity of each patient whose records will be

reviewed, and

d. an agreement is executed between the Commissioner and

the researcher that specifies the researcher's use of

the records and that prohibits the publication or

release of the names of individual cancer patients or

any facts tending to lead to the identification of

individual cancer patients;

2. Researchers may, with the approval of the Commissioner, use

the names of individual patients when requesting additional

information for research purposes or soliciting an individual

patient's participation in a research project. However, if a

researcher requests additional information or an individual

patient's participation in a research project, the researcher must

first obtain the written consent of the patient's attending

physician. If the consent of the patient's attending physician is

obtained, the researcher must then obtain the individual cancer

Oklahoma Statutes - Title 63. Public Health and Safety Page 247

patient's written consent by having the patient complete a release

of confidential medical information form;

3. Data on patients may be shared with other registries,

private or governmental, within or without the state, provided that

a reciprocal data-sharing agreement, approved by the Commissioner,

is implemented with that registry. Such agreements must include

patient identification confidentiality requirements; and

4. Provided further, that any confidential information released

by the Commissioner under this section shall be deemed to be a

confidential communication within the meaning of the physician-

patient and the psychotherapist-patient privilege.

E. Nothing in this section shall be construed to compel any

individual to submit to any medical examination, treatment or

supervision of any kind; nor shall anyone providing information in

accordance with this section be deemed to be, or held liable for,

divulging confidential information. An individual shall have the

right to deny registration on religious grounds.

F. The Commissioner may promulgate rules to carry out the

provisions of this section.

G. Any person who, in violation of a written agreement to

maintain confidentiality, willfully discloses any information

provided pursuant to this section shall be denied further access to

any confidential information maintained by the Department. That

person shall also be deemed guilty of a misdemeanor, and upon

conviction thereof shall be punished by a fine of Two Hundred

Dollars ($200.00) or imprisonment in the county jail for not more

than thirty (30) days, or by both such fine and imprisonment.
Okla. Stat. tit. 63, § 63-1-119 — OK Code / Title 63 / Section 63-1-119
Collection of health care data
Status: in_force

A. 1. The Division of Health Care Information within the State

Department of Health shall, in accordance with the rules of the

State Commissioner of Health, collect health care information from

information providers.

2. The information to be collected about information providers

may include, but shall not be limited to:

a. financial information including, but not limited to,

consumption of resources to provide services,

reimbursement, costs of operation, revenues, assets,

Oklahoma Statutes - Title 63. Public Health and Safety Page 94

liabilities, fund balances, other income, rates,

charges, units of service, wage and salary data,

b. service information including, but not limited to,

occupancy, capacity, and special and ancillary

services,

c. physician profiles in the aggregate by clinical

specialties and nursing services,

d. discharge data including, but not limited to,

completed discharge data sets or comparable

information for each patient discharged from the

facility after the effective date of this act, and

e. ambulatory care data including, but not limited to,

provider-specific and encounter data.

3. The Division shall implement a demonstration project for the

voluntary submission of ambulatory care data including, but not

limited to, submissions from federally qualified health centers,

migrant health programs and rural health clinics as defined in Title

3 of the Federal Public Health Service Act (PL 104-299), and the

Oklahoma Health Care Authority. The Division shall complete the

demonstration project by January 1, 2002.

4. The Division shall establish a phase-in schedule for the

collection of health care data. The phase-in schedule shall provide

that prior to January 1, 1994, only data currently collected shall

be required to be submitted to the Division. Thereafter, in the

collection of health care data, the Division shall whenever possible

utilize existing health data resources and avoid duplication in the

collection of health care data.

5. Except as provided by Section 1-120 of this title and as

otherwise authorized by the provisions of the Oklahoma Health Care

Information System Act, the provisions of the Oklahoma Health Care

Information System Act shall not be construed to lessen or reduce

the responsibility of the information provider with regard to:

a. the accuracy of the data or information submitted,

b. liability for release of the data or information to

the Division, data processor or as otherwise

authorized by this section, or

c. the preservation of confidentiality of such data or

information until submitted to the Division.

B. Upon the request of the State Department of Health, every

state agency, board or commission shall provide the Division of

Health Care Information with the health care data and other health

care information requested at no charge to the Department or the

Division. Except as otherwise provided by the Health Care

Information System Act for the purpose of statistical and similar

reports, information which is required by state or federal law to be

confidential shall not be transferred to any entity by the Division

unless a separate written agreement for such transfer has been

Oklahoma Statutes - Title 63. Public Health and Safety Page 95

executed with the state agency, board or commission providing the

information to the Division.
Okla. Stat. tit. 63, § 63-2200.8A — OK Code / Title 63 / Section 63-2200.8A
Preclusive effect of anatomical gift, amendment, or
Status: in_force

revocation.

A. Except as otherwise provided in subsection G of this section

and subject to subsection F of this section, in the absence of an

express, contrary indication by the donor, a person other than the

donor is barred from making, amending, or revoking an anatomical

gift of a donor’s body or part if the donor made an anatomical gift

of the donor’s body or part under Section 5 of this act or an

amendment to an anatomical gift of the donor’s body or part under

Section 6 of this act.

B. A donor’s revocation of an anatomical gift of the donor’s

body or part under Section 6 of this act is not a refusal and does

not bar another person specified in Section 4 or 9 of this act from

making an anatomical gift of the donor’s body or part under Section

5 or 10 of this act.

C. If a person other than the donor makes an unrevoked

anatomical gift of the donor’s body or part under Section 5 of this

act or an amendment to an anatomical gift of the donor’s body or

part under Section 6 of this act, another person may not make,

amend, or revoke the gift of the donor’s body or part under Section

10 of this act.

D. A revocation of an anatomical gift of a donor’s body or part

under Section 6 of this act by a person other than the donor does

not bar another person from making an anatomical gift of the body or

part under Section 5 or 10 of this act.

E. In the absence of an express, contrary indication by the

donor or other person authorized to make an anatomical gift under

Section 4 of this act, an anatomical gift of a part is neither a

refusal to give another part nor a limitation on the making of an

anatomical gift of another part at a later time by the donor or

another person.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1356

F. In the absence of an express, contrary indication by the

donor or other person authorized to make an anatomical gift under

Section 4 of this act, an anatomical gift of a part for one or more

of the purposes set forth in Section 4 of this act is not a

limitation on the making of an anatomical gift of the part for any

of the other purposes by the donor or any other person under Section

5 or 10 of this act.

G. If a donor who is an unemancipated minor dies, a parent of

the donor who is reasonably available may revoke or amend an

anatomical gift of the donor’s body or part.

H. If an unemancipated minor who signed a refusal dies, a

parent of the minor who is reasonably available may revoke the

minor’s refusal.
Okla. Stat. tit. 63, § 63-2861 — OK Code / Title 63 / Section 63-2861
Short title - Oklahoma 9-1-1 Management Authority Act
Status: in_force

This act shall be known and may be cited as the "Oklahoma 9-1-1

Management Authority Act".
Okla. Stat. tit. 63, § 63-2-402 — OK Code / Title 63 / Section 63-2-402
Prohibited acts B - Penalties
Status: in_force

A. 1. It shall be unlawful for any person knowingly or

intentionally to possess a controlled dangerous substance unless

such substance was obtained directly, or pursuant to a valid

prescription or order from a practitioner, while acting in the

course of his or her professional practice, or except as otherwise

authorized by Section 2-101 et seq. of this title.

2. It shall be unlawful for any person to purchase any

preparation excepted from the provisions of the Uniform Controlled

Dangerous Substances Act pursuant to Section 2-313 of this title in

an amount or within a time interval other than that permitted by

Section 2-313 of this title.

3. It shall be unlawful for any person or business to sell,

market, advertise or label any product containing ephedrine, its

salts, optical isomers, or salts of optical isomers, for the

indication of stimulation, mental alertness, weight loss, appetite

control, muscle development, energy or other indication which is not

approved by the pertinent federal OTC Final Monograph, Tentative

Final Monograph, or FDA-approved new drug application or its legal

equivalent. In determining compliance with this requirement, the

following factors shall be considered:

a. the packaging of the product,

b. the name of the product, and

c. the distribution and promotion of the product,

including verbal representations made at the point of

sale.

B. 1. Any person who violates this section is guilty of a

misdemeanor punishable by confinement for not more than one (1) year

and by a fine not exceeding One Thousand Dollars ($1,000.00).

2. Any person who violates this section a second time within

ten (10) years, upon conviction, shall be guilty of a misdemeanor.

The court may, with the consent of the defendant, order the

defendant to complete a substance abuse assessment and evaluation

and to complete a diversion program for up to one (1) year following

the date of conviction in lieu of other punishments. At the

discretion of the court, the diversion program may include drug

testing as a requirement. If the defendant refuses or fails to

complete the assessment and evaluation or diversion program, the

Oklahoma Statutes - Title 63. Public Health and Safety Page 988

court may impose punishment as provided for in paragraph 1 of this

subsection. The provisions of this paragraph shall not apply to

violations related to the possession of marijuana.

3. Any person who violates this section a third time within ten

(10) years shall, upon conviction, be guilty of a misdemeanor

punishable by a fine not exceeding One Thousand Dollars ($1,000.00),

imprisonment in the county jail for a minimum of thirty (30) days,

or by both such fine and imprisonment. The court may, with the

consent of the defendant, order the defendant to complete a

substance abuse assessment and evaluation and to complete a

diversion program for up to three (3) years following the date of

conviction. At the discretion of the court, the diversion program

may include drug testing as a requirement. If the defendant refuses

or fails to complete the assessment and evaluation or diversion

program, the court may impose punishment as provided for in

paragraph 1 of this subsection. The provisions of this paragraph

shall not apply to violations related to the possession of

marijuana.

4. a. Any person who violates this section a fourth time

within ten (10) years shall, upon conviction, be

guilty of a felony punishable by a fine not exceeding

Five Thousand Dollars ($5,000.00), imprisonment in the

custody of the Department of Corrections for not less

than one (1) year nor more than five (5) years, or by

both such fine and imprisonment.

b. Upon a verdict or plea of guilty or upon a plea of

nolo contendere, but before a judgment of guilt of a

violation of this paragraph, the court may, without

entering a judgment of guilt and with the consent of

the defendant, defer further proceedings upon the

specific conditions prescribed by the court not to

exceed a three-year period. The court may, with the

consent of the defendant, order the defendant to

complete a substance abuse assessment and evaluation

and to complete a diversion program for up to three

(3) years.

c. Upon successful completion of the court-ordered

substance abuse assessment and evaluation and

diversion program within the time prescribed, the

felony charge shall be changed to a misdemeanor. If

the defendant refuses or fails to complete the

assessment and evaluation or diversion program, the

court may impose punishment as provided for in

subparagraph a of this paragraph.

d. The provisions of this paragraph shall not apply to

violations related to the possession of marijuana.

Oklahoma Statutes - Title 63. Public Health and Safety Page 989

C. Any person convicted of any offense described in this

section shall, in addition to any fine imposed, pay a special

assessment trauma-care fee of One Hundred Dollars ($100.00) to be

deposited into the Trauma Care Assistance Revolving Fund created in

Section 1-2530.9 of this title.
Okla. Stat. tit. 63, § 63-1-757.6 — OK Code / Title 63 / Section 63-1-757.6
Certification system for manufacturers and
Status: in_force

distributors.

The State Board of Pharmacy shall adopt a certification system

for any manufacturer or distributor intending to provide abortion-

inducing drugs in the state. To be eligible to be certified under

this section, manufacturers and distributors shall:

1. Be licensed by the Board;

Oklahoma Statutes - Title 63. Public Health and Safety Page 457

2. Only distribute to physicians certified under this act;

3. Record each serial number from pharmaceutical packages

distributed to each certified physician;

4. Abide by all applicable standards of the Utilization Review

Accreditation Commission (URAC) or National Association of Boards of

Pharmacy (NABP);

5. For online sales or orders, hold a current ".pharmacy" or

".pharma" domain and abide by all the standards required by the NABP

to maintain the domain;

6. Follow all other applicable state or federal laws related to

the distribution or delivery of legend drugs including abortion-

inducing drugs; and

7. Follow all acceptable processes and procedures to maintain a

distribution or delivery system that is secure, confidential and

follows all processes and procedures including those for storage,

handling, shipping, tracking package serial numbers, proof of

delivery and controlled returns of abortion-inducing drugs.
Okla. Stat. tit. 63, § 63-1-227.4 — OK Code / Title 63 / Section 63-1-227.4
Development and preparation of comprehensive state
Status: in_force

plan - Proposal for grants for child abuse prevention programs and

services.

A. The State Department of Health shall prepare the

comprehensive state plan for prevention of child abuse and neglect

for the approval of the Oklahoma Commission on Children and Youth.

The development and preparation of the plan shall include, but not

be limited to, adequate opportunity for appropriate local private

and public agencies and organizations and private citizens to

participate in the development of the state plan at the local level.

B. 1. The Office of Child Abuse Prevention shall review and

evaluate all proposals submitted for grants or contracts for child

Oklahoma Statutes - Title 63. Public Health and Safety Page 122

abuse prevention programs and services. Upon completion of such

review and evaluation, the Office of Child Abuse Prevention shall

make the final recommendations as to which proposals should be

funded pursuant to the provisions of the Child Abuse Prevention Act

and shall submit its findings to the Oklahoma Commission on Children

and Youth. The Commission shall review the findings of the

interagency child abuse prevention task force and the Office of

Child Abuse Prevention for compliance of such approved proposals

with the comprehensive state plan prepared pursuant to the

provisions of the Child Abuse Prevention Act.

2. Upon ascertaining compliance with the plans, the Commission

shall deliver the findings of the Office of Child Abuse Prevention

to the State Commissioner of Health.

3. The Commissioner shall authorize the Office of Child Abuse

Prevention to use the Child Abuse Prevention Fund to fund such

grants or contracts for child abuse prevention programs and services

which are approved by the Commissioner.

4. Once the grants or contracts have been awarded by the

Commissioner, the Office of Child Abuse Prevention shall annually

review the performance of the awardees and determine if funding

should be continued.
Okla. Stat. tit. 63, § 63-7100.6 — OK Code / Title 63 / Section 63-7100.6
Immunity from liability
Status: in_force

Persons exchanging health information under the authorization

form adopted and distributed by the State Board of Health pursuant

to Section 4 of this act, when used in accordance with the

instructions of the Board, shall be immunized from liability in

actions based upon state privacy or privilege law that may be

claimed to arise from the exchange of such information.
Okla. Stat. tit. 63, § 63-1-229.34 — OK Code / Title 63 / Section 63-1-229.34
Hired bus or limousine service
Status: in_force

A. It shall be unlawful for any person owning or operating a

hired bus or limousine service vehicle licensed as a "motor carrier

of persons or property", as defined in the Motor Carrier Act of

1995, Section 230.23 et seq. of Title 47 of the Oklahoma Statutes,

to knowingly transport a minor or minors, under the age of twenty-

one (21) years, who are in possession of or consuming alcoholic

beverages, including low-point beer as defined by Section 163.19 of

Title 37 of the Oklahoma Statutes.

B. The operator of any vehicle found in violation of this act

shall upon conviction be subject to a misdemeanor offense punishable

by a fine of not more than Five Hundred Dollars ($500.00) and upon a

second or subsequent conviction such operator shall be subject to

the fine and mandatory revocation of his or her driving privileges

pursuant to Section 6-205 of Title 47 of the Oklahoma Statutes.

C. The owner of any vehicle found in violation of this section

shall upon conviction be subject to a misdemeanor offense punishable

by a fine of not more than Five Hundred Dollars ($500.00) and upon a

second or subsequent conviction such owner shall be subject to the

fine and forfeiture of his or her Interstate Registration

Certificate and/or other license issued pursuant to Section 230.21

et seq. of Title 47 of the Oklahoma Statutes, in addition to any

other government-issued license authorizing the owner to operate

such vehicle for a period of one (1) year.

D. Any law enforcement agency issuing a citation for a

violation of this section shall, upon the violator's conviction,

report the violation to the Corporation Commission. The Corporation

Commission shall, upon an administrative hearing, proceed with

revocation proceedings pursuant to the provisions of this act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 147

E. Any person found in violation of this section and subject to

the license or permit revocations herein may apply for reinstatement

of such license or permit following the conclusion of the two-year

period with the appropriate state agency pursuant to law.

F. The Corporation Commission, the Department of Public Safety

and any other state agency affected by the provisions of this

section are authorized to promulgate rules as necessary to implement

the provisions of this act.
Okla. Stat. tit. 63, § 63-427.17v2 — OK Code / Title 63 / Section 63-427.17v2
Medical marijuana testing laboratory license –
Status: in_force

Requirements.

A. There is hereby created a medical marijuana testing

laboratory license as a category of the medical marijuana business

license. The Oklahoma Medical Marijuana Authority, the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma

State Bureau of Investigation, and the Attorney General are hereby

enabled to monitor, inspect and audit a licensed testing laboratory

under the Oklahoma Medical Marijuana and Patient Protection Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1181

B. The Authority is hereby authorized to operate a quality

assurance laboratory or to contract with a private laboratory for

the purpose of conducting compliance testing of medical marijuana

testing laboratories licensed in this state. Any such laboratory

under contract for compliance testing shall be prohibited from

conducting any other commercial medical marijuana testing in this

state. If the Authority contracts with a private laboratory to

implement the requirements of this section:

1. The laboratory shall not employ, or be owned by, the

following:

a. any individual that has a direct or indirect interest

in a licensed medical marijuana business, or

b. any individual or his or her spouse, parent, child,

spouse of a child, sibling or spouse of a sibling that

has an application for a medical marijuana business

license pending before the Authority or is a member of

the board of directors of a medical marijuana

business, or is an individual financially interested

in any licensee or medical marijuana business located

within this state; and

2. The laboratory and a board or committee comprised of

licensed Oklahoma medical marijuana laboratories currently

accredited by the International Organization for Standardization

(ISO) shall provide to the Authority its recommendations for all

equipment and standards to be utilized by licensed medical marijuana

testing laboratories when testing samples of medical marijuana,

medical marijuana concentrate, and medical marijuana products as

well as standard operating procedures when extracting and testing

medical marijuana, medical marijuana concentrate, and medical

marijuana products. The recommendations shall be submitted to the

Authority no later than June 1, 2023. The Authority shall have

ninety (90) days from the date it receives the recommendations to

promulgate new rules or modify its current rules for laboratory

standards and testing. Beginning June 1, 2024, medical marijuana

testing laboratories renewing their medical marijuana business

license shall be subject to and comply with any new or modified

rules relating to the testing of medical marijuana, medical

marijuana concentrate, and medical marijuana products. The refusal

or failure of a medical marijuana testing laboratory licensee to

comply with new or modified rules relating to laboratory standards

and testing procedures promulgated under the provisions of this

paragraph shall result in the permanent revocation of the medical

marijuana testing laboratory license.

C. The Authority shall develop acceptable testing practices

including, but not limited to, testing, standards, quality control

analysis, equipment certification and calibration, and chemical

identification and substances used.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1182

D. A person who is a direct beneficial owner of a medical

marijuana dispensary, medical marijuana commercial grower or medical

marijuana processor shall not be an owner of a laboratory.

E. A laboratory and a laboratory applicant shall comply with

all applicable local ordinances including, but not limited to,

zoning, occupancy, licensing and building codes.

F. A separate license shall be required for each specific

laboratory.

G. A medical marijuana testing laboratory license may be issued

to a person who performs testing on medical marijuana and medical

marijuana products for medical marijuana businesses, medical

marijuana research facilities, medical marijuana education

facilities, and testing on marijuana and marijuana products grown or

produced by a patient or caregiver on behalf of a patient, upon

verification of registration. A medical marijuana testing

laboratory may also conduct research related to the development and

improvement of its testing practices and procedures. No state-

approved medical marijuana testing facility shall operate unless a

medical laboratory director is on site during operational hours.

H. Laboratory applicants and licensees shall comply with the

application requirements of this section and shall submit such other

information as required for a medical marijuana business applicant,

in addition to any information the Authority may request for initial

approval and periodic evaluations during the approval period.

I. A medical marijuana testing laboratory may accept samples of

medical marijuana, medical marijuana concentrate or medical

marijuana product from a medical marijuana business, medical

marijuana research facility or medical marijuana education facility

for testing purposes only, which purposes may include the provision

of testing services for samples submitted by a medical marijuana

business for product development. The Authority may require a

medical marijuana business to submit a sample of medical marijuana,

medical marijuana concentrate or medical marijuana product to a

medical marijuana testing or quality assurance laboratory upon

demand.

J. A medical marijuana testing laboratory may accept samples of

medical marijuana, medical marijuana concentrate or medical

marijuana product from an individual person for testing only under

the following conditions:

1. The individual person is a patient or caregiver pursuant to

the Oklahoma Medical Marijuana and Patient Protection Act or is a

participant in an approved clinical or observational study conducted

by a research facility; and

2. The medical marijuana testing laboratory shall require the

patient or caregiver to produce a valid patient license and current

and valid photo identification.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1183

K. A medical marijuana testing laboratory may transfer samples

to another medical marijuana testing laboratory for testing. All

laboratory reports provided to or by a medical marijuana business or

to a patient or caregiver shall identify the medical marijuana

testing laboratory that actually conducted the test.

L. A medical marijuana testing laboratory may utilize a

licensed medical marijuana transporter to transport samples of

medical marijuana, medical marijuana concentrate and medical

marijuana product for testing, in accordance with the Oklahoma

Medical Marijuana and Patient Protection Act and the rules adopted

pursuant thereto, between the originating medical marijuana business

requesting testing services and the destination laboratory

performing testing services.

M. The medical marijuana testing laboratory shall establish

policies to prevent the existence of or appearance of undue

commercial, financial or other influences that may diminish the

competency, impartiality and integrity of the testing processes or

results of the laboratory, or that may diminish public confidence in

the competency, impartiality and integrity of the testing processes

or results of the laboratory. At a minimum, employees, owners or

agents of a medical marijuana testing laboratory who participate in

any aspect of the analysis and results of a sample are prohibited

from improperly influencing the testing process, improperly

manipulating data or improperly benefiting from any ongoing

financial, employment, personal or business relationship with the

medical marijuana business that provided the sample. A medical

marijuana testing laboratory shall not test samples for any medical

marijuana business in which an owner, employee or agent of the

medical marijuana testing laboratory has any form of ownership or

financial interest in the medical marijuana business.

N. The Authority, pursuant to rules promulgated by the

Executive Director of the Authority, shall develop standards,

policies and procedures as necessary for:

1. The cleanliness and orderliness of a laboratory premises and

the location of the laboratory in a secure location, and inspection,

cleaning and maintenance of any equipment or utensils used for the

analysis of test samples;

2. Testing procedures, testing standards for cannabinoid and

terpenoid potency and safe levels of contaminants, and remediation

procedures;

3. Controlled access areas for storage of medical marijuana and

medical marijuana product test samples, waste and reference

standards;

4. Records to be retained and computer systems to be utilized

by the laboratory;

5. The possession, storage and use by the laboratory of

reagents, solutions and reference standards;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1184

6. A certificate of analysis (COA) for each lot of reference

standard;

7. The transport and disposal of unused marijuana, marijuana

products and waste;

8. The mandatory use by a laboratory of an inventory tracking

system to ensure all harvest and production batches or samples

containing medical marijuana, medical marijuana concentrate or

medical marijuana products are identified and tracked from the point

they are transferred from a medical marijuana business, a patient or

a caregiver through the point of transfer, destruction or disposal.

The inventory tracking system reporting shall include the results of

any tests that are conducted on medical marijuana, medical marijuana

concentrate or medical marijuana product;

9. Standards of performance;

10. The employment of laboratory personnel;

11. A written standard operating procedure manual to be

maintained and updated by the laboratory;

12. The successful participation in a proficiency testing

program approved by the Executive Director for each testing category

listed in this section, in order to obtain and maintain

certification;

13. The establishment of and adherence to a quality assurance

and quality control program to ensure sufficient monitoring of

laboratory processes and quality of results reported;

14. The immediate recall of medical marijuana or medical

marijuana products that test above allowable thresholds or are

otherwise determined to be unsafe;

15. The establishment by the laboratory of a system to document

the complete chain of custody for samples from receipt through

disposal;

16. The establishment by the laboratory of a system to retain

and maintain all required records, including business records, and

processes to ensure results are reported in a timely and accurate

manner; and

17. Any other aspect of laboratory testing of medical marijuana

or medical marijuana product deemed necessary by the Executive

Director.

O. A medical marijuana testing laboratory shall promptly

provide the Authority or designee of the Authority access to a

report of a test and any underlying data that is conducted on a

sample at the request of a medical marijuana business or qualified

patient. A medical marijuana testing laboratory shall also provide

access to the Authority or designee of the Authority to laboratory

premises and to any material or information requested by the

Authority to determine compliance with the requirements of this

section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1185

P. A medical marijuana testing laboratory shall retain all

results of laboratory tests conducted on marijuana or products for a

period of at least seven (7) years and shall make them available to

the Authority upon request.

Q. A medical marijuana testing laboratory shall test samples

from each final product harvest batch or final product batch, as

appropriate, of medical marijuana, medical marijuana concentrate and

medical marijuana product for each of the following categories of

testing, consistent with standards developed by the Executive

Director:

1. Microbials;

2. Mycotoxins;

3. Residual solvents;

4. Pesticides;

5. Tetrahydrocannabinol (THC) and other cannabinoid potency;

6. Terpenoid type and concentration; and

7. Heavy metals.

R. A licensed medical marijuana testing laboratory shall test

each final product batch. A grower shall separate each harvest of

usable marijuana into final harvest batches containing no more than

fifteen (15) pounds, with the exception of any plant material to be

sold to a licensed processor for the purposes of turning the plant

material into concentrate which may be separated into final harvest

batches of no more than fifty (50) pounds. A processor shall

separate each medical marijuana production lot into final production

batches containing no more than four (4) liters of concentrate or

nine (9) pounds for nonliquid products, and for final edible

products, the Oklahoma Medical Marijuana Authority shall be

authorized to promulgate rules on final products as necessary.

Provided, however, the Authority shall not require testing of final

products less often than every one thousand (1,000) grams of THC.

As used in this subsection, “final edible products” shall include,

but not be limited to, cookies, brownies, candies, gummies,

beverages and chocolates.

S. Medical marijuana testing laboratory licensure shall be

contingent upon successful on-site inspection, successful

participation in proficiency testing and ongoing compliance with the

applicable requirements in this section.

T. A medical marijuana testing laboratory shall be inspected

prior to initial licensure and up to two (2) times per year

thereafter by an inspector approved by the Authority. The Authority

may enter the licensed premises of a testing laboratory to conduct

investigations and additional inspections when the Authority

believes an investigation or additional inspection is necessary due

to a possible violation of applicable laws, rules or regulations.

U. Medical marijuana testing laboratories shall obtain

accreditation by an accrediting body approved by the Executive

Oklahoma Statutes - Title 63. Public Health and Safety Page 1186

Director or the Authority's quality assurance laboratory within one

(1) year of the date the initial license is issued. Renewal of any

medical marijuana testing laboratory license shall be contingent

upon accreditation in accordance with this subsection. All medical

marijuana testing laboratories shall obtain accreditation prior to

applying for and receiving a medical marijuana testing laboratory

license.

V. Unless authorized by the provisions of this section, a

commercial grower shall not transfer or sell medical marijuana and a

processor shall not transfer, sell or process into a concentrate or

product any medical marijuana, medical marijuana concentrate or

medical marijuana product unless samples from each final harvest

batch or final production batch from which that medical marijuana,

medical marijuana concentrate or medical marijuana product was

derived has been tested by a medical marijuana testing laboratory

and passed all contaminant tests required by the Oklahoma Medical

Marijuana and Patient Protection Act and applicable laws, rules and

regulations. A licensed commercial grower may transfer medical

marijuana that has failed testing to a licensed processor in

accordance with the provisions of the Oklahoma Medical Marijuana and

Patient Protection Act and the rules and regulations promulgated by

the Executive Director.

W. Kief shall not be transferred or sold except as authorized

in the rules and regulations promulgated by the Executive Director.

X. A licensed commercial grower or licensed processor shall not

transfer any product to a licensed medical marijuana dispensary

until the product has undergone final product testing. Laboratory

testing that meets all contaminant tests and applicable laws, rules,

and regulations required by the Oklahoma Medical Marijuana and

Patient Protection Act shall only be required when the final product

is completed and prior to transfer to a licensed medical marijuana

dispensary, licensed medical marijuana patient, or licensed medical

marijuana caregiver.
Okla. Stat. tit. 63, § 63-1-738q — OK Code / Title 63 / Section 63-1-738q
Injucntion or restraining orders – Enforcement of
Status: in_force

provisions.

Oklahoma Statutes - Title 63. Public Health and Safety Page 363

If some or all of the provisions of Sections 1-738k, 1-738m and

1-738n of Title 63 of the Oklahoma Statutes, as amended by Sections

1, 2 and 3 of this act, are ever temporarily or permanently

restrained or enjoined by judicial order, these sections shall be

enforced as though such restrained or enjoined provisions had not

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

permanent restraining order or injunction is stayed or dissolved, or

otherwise ceases to have effect, such provisions shall have full

force and effect.
Okla. Stat. tit. 63, § 63-1-1819 — OK Code / Title 63 / Section 63-1-1819
Renumbered as § 2-5-118 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-878 — OK Code / Title 63 / Section 63-1-878
Unlawful operation or misrepresentation - Penalties - Misdemeanor - Prosecution - Civil
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 16Misdemeanor - Prosecution - Civil actions - Remedies.

A. It shall be unlawful to operate an adult day care center

without possessing a current, valid license issued pursuant to the

provisions of the Adult Day Care Act. It shall be unlawful for any

holder of a license issued pursuant to the provisions of the Adult

Day Care Act to advertise or hold out to the public that it holds a

license for a center other than that for which it actually holds a

license. It shall be unlawful for any individual or entity to

advertise or hold out to the public that it provides adult day care

services without first possessing a current, valid license issued

pursuant to the provisions of the Adult Day Care Act or the

Continuum of Care and Assisted Living Act.

B. Any person who has been determined by the State Department

of Health to have violated any provision of the Adult Day Care Act

or any rule or order issued pursuant thereto may be liable for an

administrative penalty of not more than Five Hundred Dollars

($500.00) for each day that such violation continues.

C. The amount of the penalty shall be assessed by the

Department pursuant to the provisions of subsection B of this

section, after notice and hearing. 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 and, with respect to the person found to have committed

the violation, the degree of culpability, the effect on the ability

of the person to continue to do business, and any show of good faith

in attempting to achieve compliance with the provisions of the Adult

Day Care Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 537

D. Any license holder may elect to surrender such license in

lieu of such fine, but shall be forever barred from obtaining a

reissuance of such license.

E. Any person who violates any of the provisions of the Adult

Day Care Act, upon conviction, shall be guilty of a misdemeanor.

Each day upon which such violation occurs shall constitute a

separate violation.

F. 1. The Attorney General or the district attorney of the

appropriate district court of Oklahoma may bring an action in a

court of competent jurisdiction for the prosecution of a violation

by any person of a provision of the Adult Day Care Act or any rule

or order issued pursuant thereto.

2. Enforcement of any action for equitable relief to redress or

restrain a violation by any person of a provision of the Adult Day

Care Act or for an injunction or recovery of any administrative or

civil penalty assessed pursuant to the provisions of the Adult Day

Care Act may be brought by:

a. the district attorney of the appropriate district

court of the State of Oklahoma,

b. the Attorney General on behalf of the State of

Oklahoma in the appropriate district court of the

State of Oklahoma, or

c. the Department on behalf of the State of Oklahoma in

the appropriate district court of the State of

Oklahoma, or as otherwise authorized by law.

3. The court has jurisdiction to determine such action, and to

grant the necessary or appropriate relief, including but not limited

to, mandatory or prohibitive injunctive relief, interim equitable

relief, and punitive damages.
Okla. Stat. tit. 63, § 63-3123 — OK Code / Title 63 / Section 63-3123
Application and construction
Status: in_force

The Uniform Determination of Death Act shall be applied and

construed to effectuate its general purpose to make uniform the law

with respect to the subject of this act among states enacting it.

This act does not concern itself with living wills, death with

dignity, euthanasia, rules on death certificates, maintaining life

support beyond brain death in cases of pregnant women or of organ

donors, and protection for the dead body.
Okla. Stat. tit. 63, § 63-682 — OK Code / Title 63 / Section 63-682
Federal assistance programs - Participation
Status: in_force

Each state institution, agency, board, and department, each

political subdivision of the state, and each school district of the

state is authorized to participate in such federal assistance

programs as may be available or may become available to assist in

providing tornado and severe weather protection.
Okla. Stat. tit. 63, § 63-2-204 — OK Code / Title 63 / Section 63-2-204
Schedule I
Status: in_force

The controlled substances listed in this section are included in

Schedule I and include any material, compound, mixture or

preparation that contains any quantity of the following

hallucinogenic substances, their salts, isomers and salts of

isomers, unless specifically excepted, when the existence of these

salts, isomers and salts of isomers is possible within the specific

chemical designation.

A. Any of the following opiates including their isomers,

esters, ethers, salts, and salts of isomers, esters, and ethers,

unless specifically excepted, when the existence of these isomers,

esters, ethers, and salts is possible within the specific chemical

designation:

1. Acetylmethadol;

2. Allylprodine;

3. Alphacetylmethadol;

4. Alphameprodine;

5. Alphamethadol;

6. Benzethidine;

7. Betacetylmethadol;

8. Betameprodine;

9. Betamethadol;

10. Betaprodine;

11. Clonitazene;

12. Dextromoramide;

13. Dextrorphan (except its methyl ether);

14. Diampromide;

15. Diethylthiambutene;

16. Dimenoxadol;

17. Dimepheptanol;

Oklahoma Statutes - Title 63. Public Health and Safety Page 906

18. Dimethylthiambutene;

19. Dioxaphetyl butyrate;

20. Dipipanone;

21. Ethylmethylthiambutene;

22. Etonitazene;

23. Etoxeridine;

24. Furethidine;

25. Hydroxypethidine;

26. Isotonitazene;

27. Ketobemidone;

28. Levomoramide;

29. Levophenacylmorphan;

30. Metonitazene;

31. Morpheridine;

32. N-desethyl isotonitazene;

33. N-pyrrolidino protonitazene;

34. Noracymethadol;

35. Norlevorphanol;

36. Normethadone;

37. Norpipanone;

38. Phenadoxone;

39. Phenampromide;

40. Phenomorphan;

41. Phenoperidine;

42. Piritramide;

43. Proheptazine;

44. Properidine;

45. Protonitazene;

46. Racemoramide; or

47. Trimeperidine.

B. Any of the following opium derivatives, their salts,

isomers, and salts of isomers, unless specifically excepted, when

the existence of these salts, isomers, and salts of isomers is

possible within the specific chemical designation:

1. Acetorphine;

2. Acetyldihydrocodeine;

3. Benzylmorphine;

4. Codeine methylbromide;

5. Codeine-N-Oxide;

6. Cyprenorphine;

7. Desomorphine;

8. Dihydromorphine;

9. Etorphine;

10. Heroin;

11. Hydromorphinol;

12. Methyldesorphine;

13. Methylhydromorphine;

Oklahoma Statutes - Title 63. Public Health and Safety Page 907

14. Morphine methylbromide;

15. Morphine methylsulfonate;

16. Morphine-N-Oxide;

17. Myrophine;

18. Nicocodeine;

19. Nicomorphine;

20. Normorphine;

21. Phoclodine;

22. Thebacon;

23. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide

(Acetyl fentanyl);

24. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butenamide

(Crotonyl fentanyl);

25. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-

furancarboxamide (Furanyl fentanyl);

26. N-phenyl-1-(2-phenylethyl)-4-piperidinamine (4-ANPP);

27. N-(1-phenethylpiperidin-4-yl)-N-

phenylcyclopropanecarboxamide (Cyclopropyl fentanyl); or

28. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide

(Butyrl fentanyl).

C. Any material, compound, mixture, or preparation which

contains any quantity of the following hallucinogenic substances,

their salts, isomers, and salts of isomers, unless specifically

excepted, when the existence of these salts, isomers, and salts of

isomers is possible within the specific chemical designation:

1. Methcathinone;

2. 3, 4-methylenedioxy amphetamine;

3. 3, 4-methylenedioxy methamphetamine;

4. 5-methoxy-3, 4-methylenedioxy amphetamine;

5. 3, 4, 5-trimethoxy amphetamine;

6. Bufotenine;

7. Diethyltryptamine;

8. Dimethyltryptamine;

9. 4-methyl-2, 5-dimethoxyamphetamine;

10. Ibogaine;

11. Lysergic acid diethylamide;

12. Marijuana;

13. Mescaline;

14. N-benzylpiperazine;

15. N-ethyl-3-piperidyl benzilate;

16. N-methyl-3-piperidyl benzilate;

17. Psilocybin;

18. Psilocyn;

19. 2, 5 dimethoxyamphetamine;

20. 4 Bromo-2, 5-dimethoxyamphetamine;

21. 4 methoxyamphetamine;

22. Cyclohexamine;

Oklahoma Statutes - Title 63. Public Health and Safety Page 908

23. Salvia Divinorum;

24. Salvinorin A;

25. Thiophene Analog of Phencyclidine. Also known as: 1-(1-(2-

thienyl) cyclohexyl) piperidine; 2-Thienyl Analog of Phencyclidine;

TPCP, TCP;

26. Phencyclidine (PCP);

27. Pyrrolidine Analog for Phencyclidine. Also known as 1-(1-

Phenylcyclohexyl) - Pyrrolidine, PCPy, PHP;

28. 1-(3-trifluoromethylphenyl) piperazine;

29. Flunitrazepam;

30. B-hydroxy-amphetamine;

31. B-ketoamphetamine;

32. 2,5-dimethoxy-4-nitroamphetamine;

33. 2,5-dimethoxy-4-bromophenethylamine;

34. 2,5-dimethoxy-4-chlorophenethylamine;

35. 2,5-dimethoxy-4-iodoamphetamine;

36. 2,5-dimethoxy-4-iodophenethylamine;

37. 2,5-dimethoxy-4-methylphenethylamine;

38. 2,5-dimethoxy-4-ethylphenethylamine;

39. 2,5-dimethoxy-4-fluorophenethylamine;

40. 2,5-dimethoxy-4-nitrophenethylamine;

41. 2,5-dimethoxy-4-ethylthio-phenethylamine;

42. 2,5-dimethoxy-4-isopropylthio-phenethylamine;

43. 2,5-dimethoxy-4-propylthio-phenethylamine;

44. 2,5-dimethoxy-4-cyclopropylmethylthio-phenethylamine;

45. 2,5-dimethoxy-4-tert-butylthio-phenethylamine;

46. 2,5-dimethoxy-4-(2-fluoroethylthio)-phenethylamine;

47. 5-methoxy-N, N-dimethyltryptamine;

48. N-methyltryptamine;

49. A-ethyltryptamine;

50. A-methyltryptamine;

51. N, N-diethyltryptamine;

52. N, N-diisopropyltryptamine;

53. N, N-dipropyltryptamine;

54. 5-methoxy-a-methyltryptamine;

55. 4-hydroxy-N, N-diethyltryptamine;

56. 4-hydroxy-N, N-diisopropyltryptamine;

57. 5-methoxy-N, N-diisopropyltryptamine;

58. 4-hydroxy-N-isopropyl-N-methyltryptamine;

59. 3,4-Methylenedioxymethcathinone (Methylone);

60. 3,4-Methylenedioxypyrovalerone (MDPV);

61. 3-Methylmethcathinone (Metaphedrone);

62. 4-Methylmethcathinone (Mephedrone);

63. 4-methoxymethcathinone;

64. 4-Fluoromethcathinone;

65. 3-Fluoromethcathinone;

66. 1-(8-bromobenzo 1,2-b;4,5-b’ difuran-4-yl)-2-aminopropane;

Oklahoma Statutes - Title 63. Public Health and Safety Page 909

67. 2,5-Dimethoxy-4-chloroamphetamine;

68. 4-Methylethcathinone;

69. Pyrovalerone;

70. N,N-diallyl-5-methoxytryptamine;

71. 3,4-Methylenedioxy-N-ethylcathinone (Ethylone);

72. B-keto-N-Methylbenzodioxolylbutanamine (Butylone);

73. B-keto-Methylbenzodioxolylpentanamine (Pentylone);

74. Alpha-Pyrrolidinopentiophenone;

75. 4-Fluoroamphetamine;

76. Pentedrone;

77. 4’-Methyl-a-pyrrolidinohexaphenone;

78. 2,5-dimethoxy-4-(n)-propylphenethylamine;

79. 2,5-dimethoxyphenethylamine;

80. 1,4-Dibenzylpiperazine;

81. N,N-Dimethylamphetamine;

82. 4-Fluoromethamphetamine;

83. 4-Chloro-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine

(25C-NBOMe);

84. 4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine

(25I-NBOMe);

85. 4-Bromo-2,5-dimethoxy-N-(2-methoxybenzy)phenethylamine

(25B-NBOMe);

86. 1-(4-Fluorophenyl)piperazine;

87. Methoxetamine;

88. 3,4-dichloro-N[2-dimethylamino)cyclohexyl]-N-

methylbenzamide;

89. N-ethyl hexadrone;

90. Isopropyl-U-47700;

91. Para-fluorobutyrl fentanyl;

92. Para-fluorofentanyl (pFF);

93. Fluoro isobutryrl fentanyl;

94. 3-Hydroxy Phencyclidine (PCP);

95. 3-methoxy Phencyclidine (PCP);

96. Flualprazolam; or

97. Flubromazolam.

D. Unless specifically excepted or unless listed in a different

schedule, any material, compound, mixture, or preparation which

contains any quantity of the following substances having stimulant

or depressant effect on the central nervous system:

1. Fenethylline;

2. Mecloqualone;

3. N-ethylamphetamine;

4. Methaqualone;

5. Gamma-Hydroxybutyric Acid, also known as GHB, gamma-

hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium

oxybate, and sodium oxybutyrate;

Oklahoma Statutes - Title 63. Public Health and Safety Page 910

6. Gamma-Butyrolactone (GBL) as packaged, marketed,

manufactured or promoted for human consumption, with the exception

of legitimate food additive and manufacturing purposes;

7. Gamma Hydroxyvalerate (GHV) as packaged, marketed, or

manufactured for human consumption, with the exception of legitimate

food additive and manufacturing purposes;

8. Gamma Valerolactone (GVL) as packaged, marketed, or

manufactured for human consumption, with the exception of legitimate

food additive and manufacturing purposes;

9. 1,4 Butanediol (1,4 BD or BDO) as packaged, marketed,

manufactured, or promoted for human consumption with the exception

of legitimate manufacturing purposes; or

10. N-ethylpentylone.

E. 1. The following industrial uses of Gamma-Butyrolactone,

Gamma Hydroxyvalerate, Gamma Valerolactone, or 1,4 Butanediol are

excluded from all schedules of controlled substances under this

title:

a. pesticides,

b. photochemical etching,

c. electrolytes of small batteries or capacitors,

d. viscosity modifiers in polyurethane,

e. surface etching of metal coated plastics,

f. organic paint disbursements for water soluble inks,

g. pH regulators in the dyeing of wool and polyamide

fibers,

h. foundry chemistry as a catalyst during curing,

i. curing agents in many coating systems based on

urethanes and amides,

j. additives and flavoring agents in food, confectionary,

and beverage products,

k. synthetic fiber and clothing production,

l. tetrahydrofuran production,

m. gamma butyrolactone production,

n. polybutylene terephthalate resin production,

o. polyester raw materials for polyurethane elastomers

and foams,

p. coating resin raw material, and

q. as an intermediate in the manufacture of other

chemicals and pharmaceuticals.

2. At the request of any person, the Director of the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control may exempt any

other product containing Gamma-Butyrolactone, Gamma Hydroxyvalerate,

Gamma Valerolactone, or 1,4 Butanediol from being included as a

Schedule I controlled substance if such product is labeled,

marketed, manufactured and distributed for legitimate industrial use

in a manner that reduces or eliminates the likelihood of abuse.

Oklahoma Statutes - Title 63. Public Health and Safety Page 911

3. In making a determination regarding an industrial product,

the Director, after notice and hearing, shall consider the

following:

a. the history and current pattern of abuse,

b. the name and labeling of the product,

c. the intended manner of distribution, advertising and

promotion of the product, and

d. other factors as may be relevant to and consistent

with the public health and safety.

4. The hearing shall be held in accordance with the procedures

of the Administrative Procedures Act.

F. Any material, compound, mixture, or preparation, whether

produced directly or indirectly from a substance of vegetable origin

or independently by means of chemical synthesis, or by a combination

of extraction and chemical synthesis, that contains any quantity of

the following substances, or that contains any of their salts,

isomers, and salts of isomers when the existence of these salts,

isomers, and salts of isomers is possible within the specific

chemical designation:

1. JWH-004;

2. JWH-007;

3. JWH-009;

4. JWH-015;

5. JWH-016;

6. JWH-018;

7. JWH-019;

8. JWH-020;

9. JWH-030;

10. JWH-046;

11. JWH-047;

12. JWH-048;

13. JWH-049;

14. JWH-050;

15. JWH-070;

16. JWH-071;

17. JWH-072;

18. JWH-073;

19. JWH-076;

20. JWH-079;

21. JWH-080;

22. JWH-081;

23. JWH-082;

24. JWH-094;

25. JWH-096;

26. JWH-098;

27. JWH-116;

28. JWH-120;

Oklahoma Statutes - Title 63. Public Health and Safety Page 912

29. JWH-122;

30. JWH-145;

31. JWH-146;

32. JWH-147;

33. JWH-148;

34. JWH-149;

35. JWH-150;

36. JWH-156;

37. JWH-167;

38. JWH-175;

39. JWH-180;

40. JWH-181;

41. JWH-182;

42. JWH-184;

43. JWH-185;

44. JWH-189;

45. JWH-192;

46. JWH-193;

47. JWH-194;

48. JWH-195;

49. JWH-196;

50. JWH-197;

51. JWH-198;

52. JWH-199;

53. JWH-200;

54. JWH-201;

55. JWH-202;

56. JWH-203;

57. JWH-204;

58. JWH-205;

59. JWH-206;

60. JWH-207;

61. JWH-208;

62. JWH-209;

63. JWH-210;

64. JWH-211;

65. JWH-212;

66. JWH-213;

67. JWH-234;

68. JWH-235;

69. JWH-236;

70. JWH-237;

71. JWH-239;

72. JWH-240;

73. JWH-241;

74. JWH-242;

75. JWH-243;

Oklahoma Statutes - Title 63. Public Health and Safety Page 913

76. JWH-244;

77. JWH-245;

78. JWH-246;

79. JWH-248;

80. JWH-249;

81. JWH-250;

82. JWH-251;

83. JWH-252;

84. JWH-253;

85. JWH-262;

86. JWH-292;

87. JWH-293;

88. JWH-302;

89. JWH-303;

90. JWH-304;

91. JWH-305;

92. JWH-306;

93. JWH-307;

94. JWH-308;

95. JWH-311;

96. JWH-312;

97. JWH-313;

98. JWH-314;

99. JWH-315;

100. JWH-316;

101. JWH-346;

102. JWH-348;

103. JWH-363;

104. JWH-364;

105. JWH-365;

106. JWH-367;

107. JWH-368;

108. JWH-369;

109. JWH-370;

110. JWH-371;

111. JWH-373;

112. JWH-386;

113. JWH-387;

114. JWH-392;

115. JWH-394;

116. JWH-395;

117. JWH-397;

118. JWH-398;

119. JWH-399;

120. JWH-400;

121. JWH-412;

122. JWH-413;

Oklahoma Statutes - Title 63. Public Health and Safety Page 914

123. JWH-414;

124. JWH-415;

125. CP-55, 940;

126. CP-47, 497;

127. HU-210;

128. HU-211;

129. WIN-55, 212-2;

130. AM-2201;

131. AM-2233;

132. JWH-018 adamantyl-carboxamide;

133. AKB48;

134. JWH-122 N-(4-pentenyl)analog;

135. MAM2201;

136. URB597;

137. URB602;

138. URB754;

139. UR144;

140. XLR11;

141. A-796,260;

142. STS-135;

143. AB-FUBINACA;

144. AB-PINACA;

145. PB-22;

146. AKB48 N-5-Fluorpentyl;

147. AM1248;

148. FUB-PB-22;

149. ADB-FUBINACA;

150. BB-22;

151. 5-Fluoro PB-22; or

152. 5-Fluoro AKB-48.

G. In addition to those substances listed in subsection F of

this section, unless specifically excepted or unless listed in

another schedule, any material, compound, mixture, or preparation

which contains any quantity of a synthetic cannabinoid found to be

in any of the following chemical groups:

1. Naphthoylindoles: any compound containing a 3-(1-

naphthoyl)indole structure with or without substitution at the

nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-

(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-

2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,

(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or

halophenyl group, whether or not further substituted on the indole

ring to any extent, and whether or not substituted on the naphthyl

ring to any extent. Naphthoylindoles include, but are not limited

to:

Oklahoma Statutes - Title 63. Public Health and Safety Page 915

a. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-

200),

b. 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201),

c. 1-pentyl-3-(1-naphthoyl)indole (JWH-018),

d. 1-butyl-3-(1-naphthoyl)indole (JWH-073),

e. 1-pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081),

f. 1-propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015),

g. 1-hexyl-3-(1-naphthoyl)indole (JWH-019),

h. 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122),

i. 1-pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210),

j. 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398),

k. 1-pentyl-2-methyl-3-(1-naphthoyl)indole (JWH-007),

l. 1-pentyl-3-(7-methoxy-1-naphthoyl)indole (JWH-164),

m. 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole

(JWH-098),

n. 1-pentyl-3-(4-fluoro-1-naphthoyl)indole (JWH-412),

o. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(1-

naphthoyl)indole (AM-1220),

p. 1-(5-fluoropentyl)-3-(4-methyl-1-naphthoyl)indole

(MAM-2201), or

q. 1-(4-cyanobutyl)-3-(1-naphthoyl)indole (AM-2232);

2. Naphthylmethylindoles: any compound containing a 1H-indol-3-

yl-(1-naphthyl)methane structure with or without substitution at the

nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-

(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-

2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,

(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or

halophenyl group, whether or not further substituted on the indole

ring to any extent, and whether or not substituted on the naphthyl

ring to any extent. Naphthylmethylindoles include, but are not

limited to, (1-pentylindol-3-yl)(1-naphthyl)methane (JWH-175);

3. Naphthoylpyrroles: any compound containing a 3-(1-

naphthoyl)pyrrole structure with or without substitution at the

nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,

cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl,

halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-

morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-

morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl,

phenyl, or halophenyl group, whether or not further substituted on

the pyrrole ring to any extent, and whether or not substituted on

the naphthyl group to any extent. Naphthoylpyrroles include, but

are not limited to:

a. 1-hexyl-2-phenyl-4-(1-naphthoyl)pyrrole (JWH-147),

b. 1-pentyl-5-(2-methylphenyl)-3-(1-naphthoyl)pyrrole

(JWH-370),

c. 1-pentyl-3-(1-naphthoyl)pyrrole (JWH-030), or

Oklahoma Statutes - Title 63. Public Health and Safety Page 916

d. 1-hexyl-5-phenyl-3-(1-naphthoyl)pyrrole (JWH-147);

4. Naphthylideneindenes: any compound containing a 1-(1-

naphthylmethylene)indene structure with or without substitution at

the 3-position of the indene ring by an alkyl, haloalkyl,

cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl,

halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-

morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-

morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl,

phenyl, or halophenyl group, whether or not further substituted on

the indene group to any extent, and whether or not substituted on

the naphthyl group to any extent. Naphthylmethylindenes include,

but are not limited to, (1-[(3-pentyl)-1H-inden-1-

ylidene)methyl]naphthalene (JWH-176);

5. Phenylacetylindoles: any compound containing a 3-

phenylacetylindole structure with or without substitution at the

nitrogen atom of the indole ring by alkyl, haloalkyl, cyanoalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-

(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-

2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,

(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or

halophenyl group, whether or not further substituted on the indole

ring to any extent, and whether or not substituted on the phenyl

ring to any extent. Phenylacetylindoles include, but are not

limited to:

a. 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250),

b. 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole

(RCS-8),

c. 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203),

d. 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251),

e. 1-pentyl-3-(4-methoxyphenylacetyl)indole (JWH-201), or

f. 1-pentyl-3-(3-methoxyphenylacetyl)indole (JWH-302);

6. Cyclohexylphenols: any compound containing a 2-(3-

hydroxycyclohexyl)phenol structure with or without substitution at

the 5-position of the phenolic ring by an alkyl, haloalkyl,

cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl,

halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-

morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-

morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl,

phenyl, or halophenyl group, and whether or not further substituted

on the cyclohexyl ring to any extent. Cyclohexylphenols include,

but are not limited to:

a. 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-

hydroxycyclohexyl]-phenol (CP-47,497),

b. 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-

phenol (cannabicyclohexanol; CP-47,497 C8 homologue),

or

Oklahoma Statutes - Title 63. Public Health and Safety Page 917

c. 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-

hydroxypropyl)cyclohexyl]-phenol (CP 55, 940);

7. Benzoylindoles: any compound containing a 3-(benzoyl)indole

structure with or without substitution at the nitrogen atom of the

indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-

2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-

pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,

(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or

halophenyl group, whether or not further substituted on the indole

ring to any extent, and whether or not substituted on the phenyl

group to any extent. Benzoylindoles include, but are not limited

to:

a. 1-pentyl-3-(4-methoxybenzoyl)indole (RCS-4),

b. 1-[2-(4-morpholinyl)ethyl]-2-methyl-3-(4-

methoxybenzoyl)indole (Pravadoline or WIN 48, 098),

c. 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694),

d. 1-pentyl-3-(2-iodobenzoyl)indole (AM-679), or

e. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(2-

iodobenzoyl)indole (AM-2233);

8. Cyclopropoylindoles: Any compound containing a 3-

(cyclopropoyl)indole structure with substitution at the nitrogen

atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-

2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-

pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,

(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or

halophenyl group, whether or not further substituted in the indole

ring to any extent and whether or not substituted in the

cyclopropoyl ring to any extent. Cyclopropoylindoles include, but

are not limited to:

a. 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole

(UR-144),

b. 1-(5-chloropentyl)-3-(2,2,3,3-

tetramethylcyclopropoyl)indole (5Cl-UR-144), or

c. 1-(5-fluoropentyl)-3-(2,2,3,3-

tetramethylcyclopropoyl)indole (XLR11);

9. Indole Amides: Any compound containing a 1H-Indole-3-

carboxamide structure with or without substitution at the nitrogen

atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-

2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-

pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,

(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or

halophenyl group, whether or not substituted at the carboxamide

group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl,

cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-

Oklahoma Statutes - Title 63. Public Health and Safety Page 918

1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-

dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not

further substituted in the indole, adamantyl, naphthyl, phenyl,

pyrrole, quninolinyl, or cycloalkyl rings to any extent. Indole

Amides include, but are not limited to:

a. N-(1-adamantyl)-1-pentyl-1H-indole-3-carboxamide

(2NE1),

b. N-(1-adamantyl)-1-(5-fluoropentyl-1H-indole-3-

carboxamide (STS-135),

c. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-

indole-3-carboxamide (ADBICA),

d. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-

fluoropentyl)-1H-indole-3-carboxamide (5F-ADBICA),

e. N-(naphthalen-1-yl)-1-pentyl-1H-indole-3-carboxamide

(NNE1),

f. 1-(5-fluoropentyl)-N-(naphthalene-1-yl)-1H-indole-3-

carboxamide (5F-NNE1),

g. N-benzyl-1-pentyl-1H-indole-3-carboxamide (SDB-006),

or

h. N-benzyl-1-(5-fluoropentyl)-1H-indole-3-carboxamide

(5F-SDB-006);

10. Indole Esters: Any compound containing a 1H-Indole-3-

carboxylate structure with or without substitution at the nitrogen

atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-

2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-

pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl,

(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or

halophenyl group, whether or not substituted at the carboxylate

group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl,

cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-

1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-

dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not

further substituted in the indole, adamantyl, naphthyl, phenyl,

pyrrole, quinolinyl, or cycloalkyl rings to any extent. Indole

Esters include, but are not limited to:

a. quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB-

22),

b. quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-

carboxylate (5F-PB-22),

c. quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3-

carboxylate (BB-22),

d. naphthalen-1-yl 1-(4-fluorobenzyl)-1H-indole-3-

carboxylate (FDU-PB-22), or

e. naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-

carboxylate (NM2201);

Oklahoma Statutes - Title 63. Public Health and Safety Page 919

11. Adamantanoylindoles: Any compound containing an

adamantanyl-(1H-indol-3-yl)methanone structure with or without

substitution at the nitrogen atom of the indole ring by an alkyl,

haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,

benzyl, halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-

morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-

morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl,

phenyl, or halophenyl group, whether or not further substituted in

the indole ring to any extent and whether or not substituted in the

adamantyl ring to any extent. Adamantanoylindoles include, but are

not limited to:

a. adamantan-1-yl[1-[(1-methyl-2-piperidinyl)methyl]-1H-

indol-3-yl]methanone (AM1248), or

b. adamantan-1-yl-(1-pentyl-1H-indol-3-yl)methanone (AB-

001);

12. Carbazole Ketone: Any compound containing (9H-carbazole-3-

yl) methanone structure with or without substitution at the nitrogen

atom of the carbazole ring by an alkyl, haloalkyl, cyanoalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-

(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-

2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl,

(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or

halophenyl group, with substitution at the carbon of the methanone

group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl,

cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-

1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-

dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not

further substituted at the carbazole, adamantyl, naphthyl, phenyl,

pyrrole, quinolinyl, or cycloalkyl rings to any extent. Carbazole

Ketones include, but are not limited to, naphthalen-1-yl(9-pentyl-

9H-carbazol-3-yl)methanone (EG-018);

13. Benzimidazole Ketone: Any compound containing

(benzimidazole-2-yl) methanone structure with or without

substitution at either nitrogen atom of the benzimidazole ring by an

alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,

cycloalkylethyl, benzyl, halobenzyl, 1-(N-methyl-2-

piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-

pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl,

(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or

halophenyl group, with substitution at the carbon of the methanone

group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl,

cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-

1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-

dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not

further substituted in the benzimidazole, adamantyl, naphthyl,

phenyl, pyrrole, quinolinyl, or cycloalkyl rings to any extent.

Benzimidazole Ketones include, but are not limited to:

Oklahoma Statutes - Title 63. Public Health and Safety Page 920

a. naphthalen-1-yl(1-pentyl-1H-benzo[d]imidazol-2-

l)methanone (JWH-018 benzimidazole analog), or

b. (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-

yl)(naphthalen-1-yl)methanone (FUBIMINA); and

14. Modified by Replacement: any compound defined in this

subsection that is modified by replacement of a carbon with nitrogen

in the indole, naphthyl, indene, benzimidazole, or carbazole ring.

H. Any prescription drug approved by the federal Food and Drug

Administration under the provisions of Section 505 of the Federal

Food, Drug and Cosmetic Act, Title 21 of the United States Code,

Section 355, that is designated, rescheduled or deleted as a

controlled substance under federal law by the United States Drug

Enforcement Administration shall be excluded from Schedule I and

shall be prescribed, distributed, dispensed or used in accordance

with federal law upon the issuance of a notice, final rule or

interim final rule by the United States Drug Enforcement

Administration designating, rescheduling or deleting as a controlled

substance such a drug product under federal law, unless and until

the State Board of Pharmacy takes action pursuant to Section 2-201

of this title. If the Board of Pharmacy does not take action

pursuant to Section 2-201 of this title, the drug product shall be

deemed to be designated, rescheduled or deleted as a controlled

substance in accordance with federal law and in compliance with the

Uniform Controlled Dangerous Substances Act.
Okla. Stat. tit. 63, § 63-330.86 — OK Code / Title 63 / Section 63-330.86
Renumbered as § 2453 of this title by Laws 1990, c
Status: in_force

320, § 19, emerg. eff. May 30, 1990.
Okla. Stat. tit. 63, § 63-1-818.38 — OK Code / Title 63 / Section 63-1-818.38
Renumbered as § 1430.38 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-841 — OK Code / Title 63 / Section 63-1-841
Accounting of clients' financial records
Status: in_force

The State Department of Health shall require as a condition of

licensure for residential care facilities that an accounting be made

of financial records of each client for which the facility is the

payee in each such residential facility. Such accounting shall be

recorded and given to the resident and/or the resident’s

representative upon request. The records may be inspected by any

employee of the Department during any regular inspection or at any

time a complaint is received by the Department regarding a client's

finances.
Okla. Stat. tit. 63, § 63-1-706.21 — OK Code / Title 63 / Section 63-1-706.21
Distribution of opioid antagonists at hospitals
Status: in_force

A. As used in this section:

1. “Emergency opioid antagonist” means a drug including but not

limited to naloxone that blocks the effects of opioids and that is

approved by the United States Food and Drug Administration for the

treatment of an opioid overdose; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 272

2. “Health benefit plan” has the same meaning as provided by

Section 6060.4 of Title 36 of the Oklahoma Statutes.

B. A hospital shall distribute to a person who presents to an

emergency department with symptoms of an opioid overdose, opioid use

disorder, or other adverse event related to opioid use, two doses of

an emergency opioid antagonist upon discharge, unless:

1. The treating practitioner determines in his or her clinical

and professional judgment that distributing the emergency opioid

antagonist is not appropriate or the practitioner has confirmed that

the patient already has at least two doses of an emergency opioid

antagonist; or

2. The hospital is not required to distribute the emergency

opioid antagonist due to the conditions described in paragraph 2 of

subsection C of this section.

C. 1. The provisions of subsection B of this section shall

apply without exception in cases where a patient is covered by the

state Medicaid program or by a health benefit plan.

2. The provisions of subsection B of this section shall apply

in cases where a patient is not covered by the state Medicaid

program or by a health benefit plan only if the hospital receives a

supply of one or more emergency opioid antagonists from the

Department of Mental Health and Substance Abuse Services under

Section 1 of this act.

D. To comply with the requirements of this section, a hospital

may, notwithstanding any other provision of state law, utilize any

of the following individuals employed by or under contract with the

hospital to distribute emergency opioid antagonists under this

section:

1. Any health care provider licensed or certified in this state

including, but not limited to, a licensed pharmacist; or

2. Any mental health or substance abuse provider licensed or

certified in this state.

E. 1. In cases where a patient to whom an opioid antagonist is

distributed under this section is covered under the state Medicaid

program, the hospital may bill the state Medicaid program for the

emergency opioid antagonist utilizing the appropriate billing codes

established by the Oklahoma Health Care Authority. The state

Medicaid program shall reimburse such claims in accordance with

applicable law, rules, and contract terms. This billing shall be

separate from and in addition to the payment for the other services

provided during the hospital visit.

2. In cases where a patient to whom an opioid antagonist is

distributed under this section is covered by a health benefit plan,

the hospital may bill the patient’s health benefit plan for the cost

of the emergency opioid antagonist, and the health plan shall

reimburse such claims.

Oklahoma Statutes - Title 63. Public Health and Safety Page 273

F. When a hospital distributes an emergency opioid antagonist,

it shall provide:

1. Directions for use; and

2. Information and resources about medication for opioid use

disorder and harm reduction strategies and services which may be

available, such as substance use disorder treatment services and

substance use disorder peer counselors.

This information shall be available in all languages relevant to

the communities that the hospital serves.

G. This section does not prohibit a hospital from distributing

an emergency opioid antagonist to a patient at no cost to the

patient and at no cost to a third-party payor out of the hospital’s

prepurchased supply.

H. Nothing in this section prohibits or modifies a hospital’s

ability or responsibility to bill a patient’s health benefit plan or

to provide financial assistance as required by state or federal law.

I. A hospital, its employees, its contractors, and its

practitioners are immune from suit in any action, civil or criminal,

or from professional or other disciplinary action, for action or

inaction in compliance with this section.
Okla. Stat. tit. 63, § 63-941 — OK Code / Title 63 / Section 63-941
Investigation by medical examiner
Status: in_force

A. Upon receipt of notice of death of any person which under

Section 931 et seq. of this title is subject to investigation, a

representative death investigator from the Office of the Chief

Medical Examiner shall immediately initiate an investigation and

shall document in detail, by the end of his or her assigned shift,

all the known and available facts of the death scene in the

electronic database of the Chief Medical Examiner. Decedent

specimens, evidence, and photographs shall be sent to the Office of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1287

the Chief Medical Examiner. The investigating official of the

Office of the Chief Medical Examiner may take charge of any object

or writing found on or near the body which is deemed necessary for

the purpose of establishing the cause and/or manner of death.

B. Upon conclusion of the investigation and determination that

such objects or writings are no longer needed as evidence, the

medical examiner or the medical examiner’s designee may deliver them

to the district attorney, law enforcement agency, or family for

disposition.

C. The investigating medical examiner or the medical examiner’s

designee shall have access at all times to any and all medical and

dental records and history of the deceased including, but not

limited to, radiographs and medical records in the course of his or

her official investigation to determine the cause and manner of

death. Such records may not be released to any other person by the

medical examiner, and the custodians of such records shall incur no

liability by reason of the release of such records to the medical

examiner.

D. 1. The body of the deceased shall be turned over to the

funeral director designated by the person responsible for burial

within twenty-four (24) hours of receipt of the decedent unless a

longer period is necessary to complete the required investigation.

2. The investigation shall be concluded and the case completed

within sixty (60) calendar days after the Office of the Chief

Medical Examiner assumes custody of the body, unless circumstances

exist that prevent adherence to this timeline.
Okla. Stat. tit. 63, § 63-3141.5 — OK Code / Title 63 / Section 63-3141.5
Injunctions - Persons who may bring
Status: in_force

A cause of action for injunctive relief may be maintained

against any person who is reasonably believed to be about to

violate, who is in the course of violating, or who has violated

Section 3 of this act by any person who is:

1. The spouse, parent, child, or sibling of the person who

would commit suicide;

2. Entitled to inherit from the person who would commit

suicide;

3. A current or former health care provider of the person who

would commit suicide;

4. A public official with appropriate jurisdiction to prosecute

or enforce the laws of this state;

5. A guardian of the person who would commit suicide;

6. The Department of Human Services; or

7. An attorney-in-fact of the person who would commit suicide.

Such an injunction shall legally prevent the person from assisting

any suicide in this state regardless of who is being assisted.
Okla. Stat. tit. 63, § 63-1-334 — OK Code / Title 63 / Section 63-1-334
Marriage and divorce – Nonidentifiable aggregate data
Status: in_force

Not later than November 1, 2002, the State Department of Health

and the Administrative Office of the Courts shall begin discussions

regarding the identification, collection and analysis of

nonidentifiable aggregate data related to marriage and divorce in

this state and shall make recommendations regarding alternatives to

the establishment of such statistical reports to the Governor and

the Legislature on or before February 1, 2003.
Okla. Stat. tit. 63, § 63-1-242.3 — OK Code / Title 63 / Section 63-1-242.3
Investigation – Subpoena for production of records
Status: in_force

A. In any investigation relating to the functions of the

Maternal Mortality Review Committee, the State Commissioner of

Health may require production of, by subpoena, any records,

including books, papers, documents, and other tangible things which

constitute or contain evidence which the Committee finds relevant to

the investigation and review, if the Committee has been unable to

Oklahoma Statutes - Title 63. Public Health and Safety Page 157

obtain the necessary information by requesting it. The production

of records may be required from any place in the state to be

forwarded to the Committee. Reasonable copying fees shall be paid

upon request.

B. Compliance with the subpoena may be accomplished by:

1. Producing documents, as requested; or

2. Notifying the Committee, in writing, of refusal to produce

documents, within ten (10) days of the date of service.

The subpoena form shall clearly set forth the optional means of

compliance including instructions for sending written notice of

refusal.

C. A subpoena issued pursuant to this section may be served by

any person designated in the subpoena to serve it. Service upon a

natural person may be made by personal delivery of the subpoena to

the person. Service may be made upon a domestic or foreign

corporation or upon a partnership or other unincorporated

association which is subject to suit under a common name by

delivering the subpoena to an officer, to a managing or general

agent or to any other agent authorized by appointment or by law to

receive service of process. The affidavit of the person serving the

subpoena entered on a true copy thereof by the person serving it

shall be proof of service.

D. In the case of refusal to obey a subpoena issued to any

person, the Commissioner of Health may invoke the aid of any

district court within the jurisdiction where the investigation is

carried out, where the subpoenaed person is an inhabitant, or where

such person conducts business or may be found, to compel compliance

with the subpoena. The court may issue an order requiring the

subpoenaed person to appear before the Commissioner of Health to

produce records, if so ordered. Any failure to obey the order of

the court may be punished by the court as an indirect contempt

thereof. All processes in any such case may be served in any

judicial district in which such person may be found.

E. The district court of the county wherein the subpoena is

served may quash a subpoena issued pursuant to this section upon a

motion to quash the subpoena filed with the court by the party to

whom the subpoena is issued.
Okla. Stat. tit. 63, § 63-2055 — OK Code / Title 63 / Section 63-2055
Title to property
Status: in_force

Title to all property acquired under the provision of this act

shall vest in the State of Oklahoma.
Okla. Stat. tit. 63, § 63-1-738l — OK Code / Title 63 / Section 63-1-738l
Complications of Induced Abortion Report - Sample form
Status: in_force

A. Complications of Induced Abortion Report. By March 1, 2012,

the State Department of Health shall prepare and make available, on

its stable Internet website, a Complications of Induced Abortion

Report for all physicians licensed and practicing in the State of

Oklahoma.

B. Subsection C of this section shall become operative on the

later of:

1. April 1, 2012; or

2. Thirty (30) calendar days following the date on which the

State Department of Health posts on its stable Internet website the

Individual Abortion Form and instructions concerning its electronic

submission referenced in Section 3 of this act.

C. Any physician practicing in Oklahoma who encounters an

illness or injury that a reasonably knowledgeable physician would

judge is related to an induced abortion shall complete and submit,

electronically or by regular mail, a Complications of Induced

Abortion Report to the Department as soon as is practicable after

the encounter with the induced-abortion-related illness or injury,

but in no case more than sixty (60) days after such an encounter.

Nothing in the Complications of Induced Abortion Report shall

contain the name, address, hometown, county of residence, or any

other information specifically identifying any patient. Knowing or

reckless unreasonable delay or failure to submit a Complications of

Induced Abortion Report shall be sanctioned according to the

provisions of the Statistical Abortion Reporting Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 353

D. The Complications of Induced Abortion Report shall contain a

notice containing an assurance that in accordance with subsection F

of Section 5 of this act, public reports based on the form submitted

will not contain the name, address, hometown, county of residence,

or any other identifying information of any individual female, that

the State Department of Health will take care to ensure that none of

the information included in its public reports could reasonably lead

to the identification of any individual female about whom

information is reported in accordance with the Statistical Abortion

Reporting Act, or of any physician providing information in

accordance with the Statistical Abortion Reporting Act, and that

such information is not subject to the Oklahoma Open Records Act.

E. Complication(s) of Induced Abortion Report. The

Complications of Induced Abortion Report shall be substantially

similar to, but need not be in the specific format of, the following

form:

Complications of Induced Abortion Report

1. Name and specialty field of medical practice of the

physician filing the report: _________________________________

2. Did the physician filing the report perform or induce the

abortion? ________________________________________________

3. Name, address, and telephone number of the health care

facility where the induced abortion complication was discovered or

treated: __________________________________________________________

4. Date on which the complication was discovered: ________

5. Date on which, and location of the facility where, the

abortion was performed, if known: _________________________________

6. Age of the patient experiencing the complication: _____

7. Describe the complication(s) resulting from the induced

abortion: ______________________________________________________

8. Circle all that apply:

a. Death

b. Cervical laceration requiring suture or repair

c. Heavy bleeding/hemorrhage with estimated blood loss of

greater than or equal to 500cc

d. Uterine Perforation

e. Infection

f. Failed termination of pregnancy (continued viable

pregnancy)

g. Incomplete termination of pregnancy (Retained parts of

fetus requiring re-evacuation)

h. Other (May include psychological complications, future

reproductive complications, or other illnesses or

injuries that in the physician’s medical judgment

occurred as a result of an induced abortion. Specify

diagnosis.): _______________________________

Oklahoma Statutes - Title 63. Public Health and Safety Page 354

9. Type of follow-up care, if any, recommended:

______________________

10. Will the physician filing the Complications of Induced

Abortion Report be providing such follow-up care (if not, the name

of the medical professional who will, if known)?

_____________________________

11. Name and license number of physician filing the

Complications of Induced Abortion Report: _________________________
Okla. Stat. tit. 63, § 63-953 — OK Code / Title 63 / Section 63-953
Penalties
Status: in_force

Any person who willfully fails to comply with the provisions of

this act shall be guilty of a misdemeanor, and upon conviction shall

be fined not to exceed Five Hundred Dollars ($500.00), or by

imprisonment in the county jail for a term not to exceed thirty (30)

days, or by both such fine and imprisonment.
Okla. Stat. tit. 63, § 63-427.6 — OK Code / Title 63 / Section 63-427.6
Monitoring and disciplinary actions – Inspections and
Status: in_force

investigations – Penalties – Unauthorized diversion of products –

Notice of violations – Emergency powers.

A. The Oklahoma Medical Marijuana Authority shall address

issues related to the medical marijuana program in this state

including, but not limited to, monitoring and disciplinary actions

as they relate to the medical marijuana program.

B. 1. The Authority, its designee, or the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State

Bureau of Investigation, and the Attorney General may perform on-

site inspections or investigations of a licensee or applicant for

any medical marijuana business license, research facility, education

facility or waste disposal facility to determine compliance with

applicable laws, rules and regulations or submissions made pursuant

to this section. The Authority, its designee, or the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State

Bureau of Investigation, and the Attorney General may enter the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1139

licensed premises of a medical marijuana business, research

facility, education facility or waste disposal facility licensee or

applicant to assess or monitor compliance or ensure qualifications

for licensure.

2. Except as otherwise provided by law, post-licensure

inspections shall be limited to twice per calendar year. However,

investigations and additional inspections may occur when the

Authority believes an investigation or additional inspection is

necessary due to a possible violation or noncompliance of applicable

laws, rules or regulations. The Executive Director of the Authority

may adopt rules imposing penalties including, but not limited to,

monetary fines and suspension or revocation of licensure for failure

to allow the Authority reasonable access to the licensed premises

for purposes of conducting an inspection.

3. The Authority, its designee, or the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of

Investigation, and the Attorney General may review relevant records

of a licensed medical marijuana business, licensed medical marijuana

research facility, licensed medical marijuana education facility or

licensed medical marijuana waste disposal facility, and may require

and conduct interviews with such persons or entities and persons

affiliated with such entities, for the purpose of determining

compliance with requirements of the Executive Director and

applicable laws, rules and regulations.

4. The Authority may refer complaints alleging criminal

activity that are made against a licensee to appropriate state or

local law enforcement authorities including, but not limited to, the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the

Oklahoma State Bureau of Investigation, and the Attorney General.

C. Disciplinary action may be taken against an applicant or

licensee for not adhering to applicable laws pursuant to the terms,

conditions and guidelines set forth in the Oklahoma Medical

Marijuana and Patient Protection Act.

D. Disciplinary actions may include revocation, suspension or

denial of an application, license or final authorization and other

action deemed appropriate by the Executive Director of the

Authority.

E. Disciplinary actions may be imposed upon a medical marijuana

business licensee for:

1. Failure to comply with or satisfy any provision of

applicable laws, rules or regulations;

2. Falsification or misrepresentation of any material or

information submitted to the Authority or other licensees;

3. Failing to allow or impeding entry by authorized

representatives of the Authority;

4. Failure to adhere to any acknowledgement, verification or

other representation made to the Authority;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1140

5. Failure to submit or disclose information required by

applicable laws, rules or regulations or otherwise requested by the

Authority;

6. Failure to correct any violation of this section cited as a

result of a review or audit of financial records or other materials;

7. Failure to comply with requested access by the Authority to

the licensed premises or materials;

8. Failure to pay a required monetary penalty;

9. Diversion of medical marijuana or any medical marijuana

product, as determined by the Authority;

10. Threatening or harming a medical marijuana patient

licensee, caregiver licensee, a medical practitioner or an employee

of the Authority; and

11. Any other basis indicating a violation of the applicable

laws and regulations as identified by the Authority.

F. Disciplinary actions against a licensee may include the

imposition of monetary penalties, which may be assessed by the

Authority. The Authority may suspend or revoke a license for

failure to pay any monetary penalty lawfully assessed by the

Authority against a licensee.

G. 1. In addition to any other penalties prescribed by law,

penalties for sales, purchases or transfers for value of medical

marijuana by a medical marijuana business or employees or agents of

the medical marijuana business to persons other than those allowed

by law occurring within any one-year time period may include an

initial fine of Five Thousand Dollars ($5,000.00) for a first

violation and a fine of Fifteen Thousand Dollars ($15,000.00) for

any subsequent violation.

2. Penalties for grossly inaccurate or fraudulent reporting

occurring within any two-year time period may include an initial

administrative fine of Five Thousand Dollars ($5,000.00) for a first

violation and an administrative fine of Ten Thousand Dollars

($10,000.00) for any subsequent violation. The medical marijuana

business shall be subject to a revocation of any license granted

pursuant to the Oklahoma Medical Marijuana and Patient Protection

Act upon a second incident of grossly inaccurate or fraudulent

reporting in a ten-year period by the medical marijuana business or

any employee or agent thereof.

3. After investigation by the Authority, the Authority may

revoke the license of any person directly involved with the

diversion of marijuana.

4. If the Authority, after investigation, is able to establish,

by a preponderance of evidence, a pattern of diversion or negligence

leading to diversion, the Authority may revoke any business licenses

associated with the diversion and any entity with common ownership.

H. 1. In addition to any other penalties prescribed by law, a

first offense for intentional and impermissible diversion of medical

Oklahoma Statutes - Title 63. Public Health and Safety Page 1141

marijuana, medical marijuana concentrate, or medical marijuana

products for value by a patient or caregiver to an unauthorized

person shall be subject to an administrative fine of Four Hundred

Dollars ($400.00). The Authority shall have the authority to

enforce the provisions of this subsection.

2. In addition to any other penalties prescribed by law, an

additional incident resulting in a second offense for impermissible

diversion of medical marijuana, medical marijuana concentrate, or

medical marijuana products by a patient or caregiver to an

unauthorized person for value shall be subject to an administrative

fine of One Thousand Dollars ($1,000.00), and shall result in

revocation of the license or licenses of the person.

3. Any person who shares less than three (3) grams of medical

marijuana with an unauthorized person, without the transfer being

for value or other consideration, shall not be subject to criminal

prosecution but shall be subject to an administrative fine of Four

Hundred Dollars ($400.00).

I. The intentional diversion of medical marijuana, medical

marijuana concentrate or medical marijuana products by a licensed

medical marijuana patient or caregiver, medical marijuana business

or employee of a medical marijuana business to an unauthorized minor

person who the licensed medical marijuana patient or caregiver,

medical marijuana business or employee of a medical marijuana

business knew or reasonably should have known to be a minor person

shall be subject to an administrative fine of Two Thousand Five

Hundred Dollars ($2,500.00). For an additional incident resulting

in a second or subsequent offense, the licensed medical marijuana

patient or caregiver, medical marijuana business or employee of a

medical marijuana business shall be subject to a cite and release

citation and, upon a finding of guilt or a plea of no contest, a

fine of Five Thousand Dollars ($5,000.00) and automatic revocation

of the medical marijuana license.

J. In addition to any other penalties prescribed by law, it

shall be unlawful for a licensed medical marijuana commercial grower

to knowingly hire or employ undocumented immigrants to perform work

inside a medical marijuana commercial grow facility or anywhere on

the property of the medical marijuana commercial grow operation. A

licensed medical marijuana commercial grower that violates the

provisions of this subsection shall, upon conviction, be guilty of a

misdemeanor punishable by imprisonment in the county jail for a term

not exceeding one (1) year, or by a fine not exceeding Five Hundred

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

addition, the license of the medical marijuana commercial grower

shall be subject to revocation and the Authority may deny future

license applications.

K. 1. Beginning September 1, 2021, the Oklahoma Medical

Marijuana Authority shall schedule on-site meetings and compliance

Oklahoma Statutes - Title 63. Public Health and Safety Page 1142

inspections of the premises with the medical marijuana dispensary

licensee at the location of the medical marijuana dispensary, the

medical marijuana commercial grower at the location of the medical

marijuana commercial grower site and the medical marijuana processor

at the location of the medical marijuana processing site. The on-

site meetings and compliance inspections shall occur within the

first one hundred eighty (180) days after issuance of the medical

marijuana dispensary license, commercial grower license or processor

license and shall be conducted for purposes of verifying whether the

medical marijuana business licensee is actively operating or is

working towards operational status.

2. If, at the time of the on-site meeting and compliance

inspection, the medical marijuana business licensee fails to provide

proof to the Authority that the medical marijuana business is

actively operating or working towards operational status, the

Authority shall grant the medical marijuana business licensee a

grace period of one hundred eighty (180) days to become operational.

Upon expiration of this grace period, the Authority shall schedule a

second on-site meeting and compliance inspection of the premises to

verify whether the medical marijuana business licensee has begun

operations at the licensed premises or is continuing to work towards

operational status.

3. If, after the second on-site meeting and compliance

inspection, the medical marijuana business licensee fails to provide

proof to the Authority that the medical marijuana business licensee

is actively operating or is continuing to work towards operational

status, the Authority shall be authorized to grant the medical

marijuana business licensee an additional grace period of one

hundred eighty (180) days to become operational.

4. Upon expiration of the second grace period, the Authority

shall terminate the medical marijuana business license if the

medical marijuana business licensee has failed to provide proof to

the Authority that the medical marijuana business is actively

conducting business operations at the licensed premises.

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

Authority, pursuant to its rules and regulations promulgated by the

Executive Director, may issue a written order to any licensee the

Authority has reason to believe has violated Sections 420 through

426.1 of this title, the Oklahoma Medical Marijuana and Patient

Protection Act, the Oklahoma Medical Marijuana Waste Management Act,

or any rules promulgated by the Executive Director and to whom the

Authority has served, not less than thirty (30) days previously, a

written notice of violation of such statutes or rules.

1. The written order shall state with specificity the nature of

the violation. The Authority may impose any disciplinary action

authorized under the provisions of this section including, but not

limited to, the assessment of monetary penalties.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1143

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

shall become a final order unless, not more than thirty (30) days

after the order is served to the licensee, the licensee requests an

administrative hearing in accordance with the rules and regulations

promulgated by the Executive Director of the Authority. Upon such

request, the Authority shall promptly initiate administrative

proceedings.

M. Whenever the Executive Director of the Authority finds that

an emergency exists requiring immediate action in order to protect

the health or welfare of the public, the Executive Director of the

Authority may issue an order, without providing notice or hearing,

stating the existence of an emergency and requiring that action be

taken as the Executive Director of the Authority deems necessary to

meet the emergency. Such action may include, but is not limited to,

ordering the licensee to immediately cease and desist operations by

the licensee. The order shall be effective immediately upon

issuance. Any person to whom the order is directed shall comply

immediately with the provisions of the order. The Authority may

assess a penalty not to exceed Ten Thousand Dollars ($10,000.00) per

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

the Authority shall consider the seriousness of the violation and

any efforts to comply with applicable requirements. Upon

application to the Authority, the licensee shall be offered a

hearing within ten (10) days of the issuance of the order.

N. All hearings held pursuant to this section shall be in

accordance with the Oklahoma Administrative Procedures Act.
Okla. Stat. tit. 63, § 63-1-302 — OK Code / Title 63 / Section 63-1-302
Rules and regulations
Status: in_force

The State Board of Health is authorized to adopt, amend and

repeal rules and regulations for the purpose of carrying out the

provisions of this article.

Oklahoma Statutes - Title 63. Public Health and Safety Page 176
Okla. Stat. tit. 63, § 63-1-580.2 — OK Code / Title 63 / Section 63-1-580.2
Barbara Weber Amyotrophic Lateral Sclerosis (ALS)
Status: in_force

Grant Program Revolving Fund.

There is hereby created in the Oklahoma State Treasury a

revolving fund for the State Department of Health to be designated

the "Barbara Weber Amyotrophic Lateral Sclerosis (ALS) Grant Program

Revolving Fund". The fund shall be a continuing fund, not subject

to fiscal year limitations, and shall consist of all monies received

by the State Department of Health from appropriations, donations,

grants, or other sources of funding specifically designated for

Oklahoma Statutes - Title 63. Public Health and Safety Page 261

deposit to the Barbara Weber Amyotrophic Lateral Sclerosis (ALS)

Grant Program Revolving Fund. All monies accruing to the credit of

said fund are hereby appropriated and may be budgeted and expended

by the State Department of Health for the purpose of the Barbara

Weber Amyotrophic Lateral Sclerosis (ALS) Grant Program.

Expenditures from said fund shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 63, § 63-2-309A — OK Code / Title 63 / Section 63-2-309A
Short title
Status: in_force

Section 2-309A et seq. of this title shall be known and may be

cited as the “Anti-Drug Diversion Act”.
Okla. Stat. tit. 63, § 63-1-115 — OK Code / Title 63 / Section 63-1-115
Short title
Status: in_force

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

Care Information System Act".
Okla. Stat. tit. 63, § 63-1-818.13 — OK Code / Title 63 / Section 63-1-818.13
Renumbered as § 1430.13 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-2-701 — OK Code / Title 63 / Section 63-2-701
Oklahoma State Bureau of Narcotics and Dangerous Drugs
Status: in_force

Control registry.

A. There is hereby created within the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control a registry of persons who,

after November 1, 2010, have been convicted, whether upon a verdict

or plea of guilty or upon a verdict or plea of nolo contendere, or

received a suspended sentence or any deferred or probationary term,

or are currently serving a sentence or any form of probation or

parole for a crime or attempt to commit a crime including, but not

limited to, unlawful possession, conspiring, endeavoring,

manufacturing, distribution or trafficking of a precursor or

methamphetamines under the provisions of Section 2-322, 2-332, 2-

401, 2-402, 2-408 or 2-415 of this title, or any crime including,

but not limited to, crimes involving the possession, distribution,

manufacturing or trafficking of methamphetamines or illegal amounts

of or uses of pseudoephedrine in any federal court, Indian tribal

court, or any court of another state if the person is a resident of

the State of Oklahoma or seeks to remain in the State of Oklahoma in

excess of ten (10) days.

B. It shall be unlawful for any person who knows that he or she

is subject to the registry created in subsection A of this section

to purchase, possess or have control of any Schedule V compound,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1047

mixture, or preparation containing any detectable quantity of

pseudoephedrine, its salts or optical isomers, or salts of optical

isomers. A prescription for pseudoephedrine shall not provide an

exemption for any person to this law. Any person convicted of

violating the provisions of this subsection shall be guilty of a

Class B4 felony offense, punishable by imprisonment in the custody

of the Department of Corrections for not less than two (2) years and

not more than ten (10) years, or by a fine of not more than Five

Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

C. The registry created in subsection A of this section shall

be maintained by the Bureau. The registry shall be made available

for registrants who sell or dispense pseudoephedrine-related

products and to law enforcement agencies for law enforcement

purposes through the electronic methamphetamine precursor tracking

service. The electronic methamphetamine precursor tracking service

shall generate a stop-sale alert on any sale of pseudoephedrine to

any individual listed on the methamphetamine offender registry in

real time.

D. The registry shall consist of the following information:

1. Name and address of the person;

2. Date of birth of the person;

3. The offense or offenses which made the person eligible for

inclusion on the registry;

4. The date of conviction or the date that a plea of guilty or

nolo contendere was accepted by the court for any violation of an

offense provided for in subsection A of this section;

5. The county where the offense or offenses occurred; and

6. Such other identifying data as the Bureau determines is

necessary to properly identify the person.

E. Beginning November 1, 2010, all district court clerks shall

forward a copy of the judgment and sentence or other applicable

information relating to the disposition of the criminal case and

date of birth of all persons who are subject to the provisions of

the Oklahoma Methamphetamine Offender Registry Act for a violation

of the offenses described in subsection A of this section to the

Bureau. The information shall be sent in an electronic format in a

manner prescribed by the Bureau within ten (10) days of the date of

final disposition of the case. Any person subject to the registry

pursuant to subsection A of this section, having received a deferred

sentence or conviction in a federal court, Indian tribal court, or

any court of another state, shall be required to register and submit

a methamphetamine offender registration form in a format prescribed

by the Bureau within ten (10) days of entering the State of Oklahoma

or if incarcerated in a federal institution within the boundaries of

Oklahoma, within ten (10) days of release from the institution.

Knowingly failing to submit the form required by this subsection

shall constitute a misdemeanor.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1048

F. Upon receipt of the information provided by the district

court clerk, the Bureau shall transmit in an electronic format to

the electronic methamphetamine precursor tracking service at least

every seven (7) days the name of any person placed on the

methamphetamine offender registry as provided in this section. The

information transmitted to the electronic tracking service shall

include the first, middle, and last name of the person, and the

address and the date of birth of the person. The electronic

methamphetamine precursor tracking service shall be designed to

generate a stop-sale alert for any person who is on the

methamphetamine offender registry and whose name, address and date

of birth have been transmitted by the Bureau to the electronic

tracking service.

G. The Bureau shall remove from the methamphetamine offender

registry the name and other identifying information of a person who

has been convicted of a violation of any of the offenses described

in subsection A of this section ten (10) years after the date of the

most recent judgment and sentence. Any person having received a

deferred sentence that expires prior to the ten-year time limitation

may apply to the Bureau to be removed from the registry upon the

completion of the deferred sentence by providing to the Bureau a

certified copy of the dismissal of the case by certified mail. The

Bureau may remove the person from the methamphetamine offender

registry upon expiration of the deferred sentence. The Bureau shall

also be required to notify the provider of the electronic

methamphetamine precursor tracking service when a person is removed

from the methamphetamine offender registry. Upon notification from

the Bureau, the provider of the electronic tracking service shall

remove the name of the person from the electronic methamphetamine

precursor tracking service and the person shall thereafter be

permitted to purchase pseudoephedrine-related products.

H. It shall be a violation for any person to assist another,

with knowledge that the person is subject to the registry, in the

purchase of any pseudoephedrine products. Any person convicted of

violating the provisions of this subsection shall, for a first

offense, be guilty of a misdemeanor, punishable by incarceration in

the county jail for not more than one (1) year, or by a fine of not

more than One Thousand Dollars ($1,000.00), or by both such fine and

imprisonment. Any second or subsequent conviction for a violation

of this subsection shall be a Class D2 felony offense, punishable by

incarceration as provided for in subsections B through F of Section

20O of Title 21 of the Oklahoma Statutes, or by a fine of not less

than Two Thousand Five Hundred Dollars ($2,500.00), or by both such

fine and imprisonment.

I. On or prior to November 1, 2011, the Oklahoma State Bureau

of Narcotics and Dangerous Drugs Control shall maintain a

Oklahoma Statutes - Title 63. Public Health and Safety Page 1049

methamphetamine offender registry website available for viewing by

the public.

J. For the purposes of this section, knowledge that a person

was subject to the methamphetamine offender registry may be proven

through court testimony or any other public notice or publicly

available record including, but not limited to, court records

maintained by the Oklahoma Supreme Court Network and the Oklahoma

Court Information System.

K. The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control shall take necessary actions through the promulgation of

rules and cooperation with pharmacies and the courts to ensure that

notice of the provisions of this section is provided to those

persons subject to the methamphetamine offender registry as listed

in subsection A of this section.
Okla. Stat. tit. 63, § 63-2200.9A — OK Code / Title 63 / Section 63-2200.9A
Persons authorized to make anatomical gift of
Status: in_force

decedent's body or part.

A. Subject to subsections B and C of this section and unless

barred by Section 7 or 8 of this act, an anatomical gift of a

decedent’s body or part for purpose of transplantation, therapy,

research, or education may be made by any member of the following

classes of persons who is reasonably available, in the order of

priority listed:

1. An agent of the decedent at the time of death who could have

made an anatomical gift under paragraph 2 of Section 4 of this act

immediately before the decedent’s death;

2. The spouse of the decedent;

3. Adult children of the decedent;

4. Parents of the decedent;

5. Adult siblings of the decedent;

6. Adult grandchildren of the decedent;

7. Grandparents of the decedent;

8. An adult who exhibited special care and concern for the

decedent;

9. The persons who were acting as the guardians of the person

of the decedent at the time of death; and

10. Any other person having the authority to dispose of the

decedent’s body.

B. If there is more than one member of a class listed in

paragraph 1, 3, 4, 5, 6, 7 or 9 of subsection A of this section

entitled to make an anatomical gift, an anatomical gift may be made

by a member of the class unless that member or a person to whom the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1357

gift may pass under Section 11 of this act knows of an objection by

another member of the class. If an objection is known, the gift may

be made only by a majority of the members of the class who are

reasonably available.

C. A person may not make an anatomical gift if, at the time of

the decedent’s death, a person in a prior class under subsection A

of this section is reasonably available to make or to object to the

making of an anatomical gift.