Okla. Stat. tit. 63, § 63-1-890.3 — OK Code / Title 63 / Section 63-1-890.3
Promulgation of rules - Contents - Other applicable
Status: in_force

acts.

A. The State Commissioner of Health shall promulgate rules

necessary to implement the provisions of the Continuum of Care and

Assisted Living Act. Such rules shall include, but shall not be

limited to:

1. A uniform comprehensive resident screening instrument to

measure the needs and capabilities of residents in all settings and

to determine appropriate placements of residents;

2. Physical plant requirements meeting construction and life

safety codes, with provisions accommodating resident privacy and

independence in assisted living centers and in assisted living

components of continuum of care facilities based on the variable

capabilities of residents;

3. Staffing levels responsive to the variable needs of

residents, with provisions for sharing of staff between components

in a continuum of care facility;

4. Minimum standards for resident care including, but not

limited to, standards pertaining to medical care and administration

of medications. Standards pertaining to medication administration

shall, at a minimum, require the assisted living center or continuum

of care facility to:

a. provide or arrange qualified staff to administer

medications based on the needs of residents,

b. follow medication administration orders from a

qualified health care provider,

c. ensure that medications are reviewed monthly by a

Registered Nurse or pharmacist and quarterly by a

consultant pharmacist,

d. maintain medication administration records and

document all medication administration in such

records, and

e. have medication storage and disposal policies;

5. Standards for measuring quality outcomes for residents;

6. Provisions for individualized services chosen by and

designed for each resident;

7. Provisions to prohibit facility staff from disclosing a

resident’s financial information to third parties without written

consent of the resident or the designated representative of the

resident;

Oklahoma Statutes - Title 63. Public Health and Safety Page 549

8. Procedures for inspections and investigations of licensed

entities to ensure compliance with the Continuum of Care and

Assisted Living Act and rules promulgated by the Commissioner;

9. Enumeration of resident rights and responsibilities to be

observed by each facility and its staff. Such resident rights shall

include the freedom of choice regarding any personal attending

physicians and all other providers of medical services and supplies,

providing that the minimum standards are met by the provider

pursuant to the Continuum of Care and Assisted Living Act, without a

financial penalty or fee charged by the assisted living center;

10. Provisions for a surety bond or deposit from each applicant

in an amount sufficient to guarantee that obligations to residents

will be performed, with provisions for reduction or waiver of the

surety bond or deposit when the assets of the applicant or its

contracts with other persons are sufficient to reasonably ensure the

performance of its obligations;

11. Provisions for the development of a consumer guide or

similar resource to be posted on the Internet website of the State

Department of Health to assist individuals and families in

understanding the services provided by assisted living centers and

to compare and select a facility;

12. Provisions for posting results of routine inspections and

any complaint investigations of each assisted living center on the

Internet website of the Department. Such information shall be

regularly updated to include the facility’s plan of correction and

to indicate when a violation of a licensing regulation was corrected

by the facility; and

13. Provisions requiring execution of a plan of care and a

resident service contract with the resident or resident’s

representative.

B. The nursing care service of a continuum of care facility

shall be subject to the requirements, procedures and remedies set

out in the Nursing Home Care Act, including provisions relating to

resident rights.

C. The adult day care component of a continuum of care facility

shall be subject to requirements and procedures specified under the

Adult Day Care Act.
Okla. Stat. tit. 63, § 63-2869.4 — OK Code / Title 63 / Section 63-2869.4
Bonds
Status: in_force

The governing body may issue and sell bonds to finance:

1. The acquisition by any method of facilities, equipment or

supplies necessary to begin providing nine-one-one emergency

telephone service or nine-one-one wireless emergency telephone

service or any component or system associated therewith; or

2. Any payment necessary for the governing body to associate

with an existing nine-one-one emergency telephone service system or

nine-one-one wireless emergency telephone service system.
Okla. Stat. tit. 63, § 63-1-2530.8 — OK Code / Title 63 / Section 63-1-2530.8
Recognition and certification of trauma transfer and
Status: in_force

referral centers - Rules establishing minimum standards - Data -

Funding.

A. The State Department of Health shall recognize and certify a

trauma transfer and referral center in each county and contiguous

communities with populations in excess of three hundred thousand

(300,000) persons for the purpose of directing ambulance patients to

facilities with the clinical capacity and capability to

appropriately care for the emergent medical needs of a patient.

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

recommendations of the Trauma and Emergency Response Advisory

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

establishing minimum certification standards for such centers which

shall include, but not be limited to, staff certification, data

management and communications equipment, medical control and

oversight, record keeping, quality improvement activities, and such

other issues as the State Commissioner of Health deems appropriate.

C. Certified centers shall submit data as required by the

Department for the purpose of trauma system continuous quality

improvement activities. Such reports shall be confidential as

provided in Section 1-2530.7 of this title.

D. The Board, giving consideration to the recommendations of

the Trauma and Emergency Response Advisory Council created in

Section 44 of this act, shall promulgate rules requiring emergency

medical services providers to contact the appropriate regional

trauma transfer and referral center while transporting injured

patients into or within that region in order to ensure that patients

are directed to the appropriate hospital based on the regional plan

and the current capability and capacity of hospitals in the system.

E. As funding is available, the Department may reimburse

operators of certified trauma transfer and referral centers for the

operations of the centers on an annual basis.
Okla. Stat. tit. 63, § 63-1-2001 — OK Code / Title 63 / Section 63-1-2001
Renumbered as § 2-7-101 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-4007 — OK Code / Title 63 / Section 63-4007
Confidentiality of title and registration information -
Status: in_force

Penalties - Copies of certificate of title or registration.

A. Except as otherwise provided by this section, all

information contained in the certificate of title or the

registration of any vessel or motor shall be confidential and

privileged, subject only to disclosure to the following:

1. Any duly authorized peace officer of this state in the

regular course of the peace officer's duties;

2. Any official person or body of any other state or of the

United States, when required in their governmental functions;

3. Any person or firm, when Service Oklahoma is satisfied the

request for information is reasonable and is related primarily to

boating safety;

4. Any filer of a mechanics, storage or abandoned vessel

possessory lien under the applicable provisions of Sections 91

through 200 of Title 42, Section 908 of Title 47 or Section 4217.4

of Title 63 of the Oklahoma Statutes, when such information is

required to fulfill the notification requirements contained therein;

5. Any vessel or motor manufacturer or an authorized

representative thereof in connection with matters of vessel or motor

safety and theft, vessel motor emissions, vessel or motor product

alterations, recalls or advisories, performance monitoring of vessel

or motor parts and dealers, vessel or motor market research

activities, including survey research, and removal of non-owner

Oklahoma Statutes - Title 63. Public Health and Safety Page 1612

records from the original owner records of vessel or motor

manufacturers. The confidentiality of the information shall be

protected, as set out above, and used only for the purpose stated;

provided, further, that Service Oklahoma shall be authorized to

review the use of and the measures employed to safeguard the

information; and provided, further, that the manufacturer or

representative shall bear the cost incurred by Service Oklahoma in

the production of the information requested. If the confidentiality

provisions, pursuant to this section, are violated, the provisions

of subsection D of Section 205 of Title 68 of the Oklahoma Statutes

shall apply and the privilege of obtaining information shall be

terminated. Any manufacturer or representative violating the

provisions of this section, upon conviction, shall be punishable by

a fine not to exceed Fifty Thousand Dollars ($50,000.00); and

6. Any person compiling and publishing vessel or motor

statistics, provided that such statistics do not disclose the names

or addresses of individuals. Such information shall be provided

upon payment of a fee as determined by Service Oklahoma.

B. Service Oklahoma or a licensed operator may furnish the

holder of a security interest in a specific vessel or motor upon

payment of the fee specified by Section 4014 of this title, a copy

or certified copy of the certificate of title or registration

information for such vessel.
Okla. Stat. tit. 63, § 63-5015 — OK Code / Title 63 / Section 63-5015
Review of state-purchased and state-subsidized health
Status: in_force

care programs and regulatory agencies - Report to Legislature.

The Oklahoma Health Care Authority shall review state-purchased

and state-subsidized health care programs and health care regulatory

agencies, including, but not limited to, medical services within the

Department of Mental Health and Substance Abuse Services, the

Department of Veterans Affairs, the Department of Human Services,

the State Department of Health, the Oklahoma Medical Center, the

State Education and Employees Group Insurance Board, and any other

state-purchased and state-subsidized health care programs as deemed

appropriate by the administrator, and submit to the Legislature, no

later than December 1, 1995, an initial report including, but not

limited to:

1. A description of the respective roles of these programs and

agencies regarding health care cost containment;

2. A plan to increase the combined efficiency of these programs

and agencies to control costs and maintain or improve access to

quality care;

3. Methods to ensure coordination between these programs and

agencies and the Authority;

4. An analysis of the real and potential impacts of cost

shifting; and

5. Recommendations regarding structural changes in the state's

current health care delivery system.
Okla. Stat. tit. 63, § 63-1-818.21 — OK Code / Title 63 / Section 63-1-818.21
Renumbered as § 1430.21 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-324.1 — OK Code / Title 63 / Section 63-1-324.1
Birth, death or stillbirth certificates - Prohibited
Status: in_force

acts - Penalties.

A. It shall be unlawful and deemed a Class D3 felony offense

for any person to commit any of the following specified acts in

relation to birth, death or stillbirth certificates issued by this

state:

1. Create, issue, present or possess a fictitious birth, death

or stillbirth certificate;

2. Apply for a birth, death or stillbirth certificate under

false pretenses;

3. Alter information contained on a birth, death or stillbirth

certificate;

4. Obtain, display or represent a birth certificate of any

person as one's own by any person, other than the person named on

the birth certificate;

5. Obtain, display or represent a fictitious death or

stillbirth certificate for the purpose of fraud;

6. Make a false statement or knowingly conceal a material fact

or otherwise commit fraud in an application for a birth, death or

stillbirth certificate;

7. Knowingly present a false or forged certificate for filing;

8. Knowingly provide false personal data to a certifier of a

death certificate; or

9. Knowingly misrepresent any person's relationship to the

decedent.

B. Except as otherwise provided in this subsection, it is a

felony for any employee or person authorized to issue or create a

birth, death or stillbirth certificate or related record under this

title to knowingly issue such certificate or related record to a

person not entitled thereto, or to knowingly create or record such

certificate bearing erroneous information thereon. A certifier who

knowingly omits to list a lethal agent or improperly states manner

of death in violation of subsection E of Section 1-317 of this title

Oklahoma Statutes - Title 63. Public Health and Safety Page 201

shall be deemed to have engaged in unprofessional conduct as

described in paragraph 8 of Section 509 of Title 59 of the Oklahoma

Statutes.

C. Except as otherwise provided in subsection B of this

section, a violation of any of the provisions of this section shall

constitute a Class D3 felony offense punishable as provided for in

subsections B through F of Section 20P of Title 21 of the Oklahoma

Statutes.

D. Notwithstanding any provision of this section, the State

Commissioner of Health or a designated agent, upon the request of a

chief administrator of a health or law enforcement agency, may

authorize the issuance, display or possession of a birth, death or

stillbirth certificate, which would otherwise be in violation of

this section, for the sole purpose of education with regard to

public health or safety; provided, however, any materials used for

such purposes shall be marked "void".

E. The provisions of this section shall not apply to any

request made to the State Department of Health pursuant to

subsection E of Section 1550.41 of Title 21 of the Oklahoma

Statutes.
Okla. Stat. tit. 63, § 63-1-238 — OK Code / Title 63 / Section 63-1-238
State Plan
Status: in_force

A. The State Plan for Coordination of Efforts for Prevention of

Adolescent Pregnancy and Sexually Transmitted Diseases shall include

but not necessarily be limited to:

1. A statewide public awareness campaign which extols the

virtue of abstaining from premarital sexual activity. Said public

awareness campaign shall not directly or indirectly condone

premarital or promiscuous sexual activity;

2. Identification of effective prevention strategies;

3. Identification of resources, both within the agencies

subject to the provisions of this act and within the communities;

4. Identification of sources of revenue for programs and

efforts from private as well as federal and state sources;

5. Development and replication of effective model programs;

6. Empowerment of communities in developing local prevention

strategies;

7. Development of recommendations for local prevention efforts

and technical assistance to communities;

8. Delineation of service responsibilities and coordination of

delivery of services by the agencies subject to the provisions of

this act;

9. Coordination and collaboration among related efforts and

programs;

10. Evaluation of prevention strategies and programs;

11. Distribution of information on prevention programs and

strategies; and

12. A funding and implementation plan which shall provide for

utilization of identifiable financial resources from federal, state,

local and private resources and coordination of those resources to

fund related services.

B. On or before July 1, 1995, the agencies subject to the

provisions of this act shall enter into interagency agreements for

the purpose of implementing the State Plan.

C. On or before September 1, 1995, and each September 1

thereafter, a joint funding plan shall be submitted to the Governor,

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

of Representatives by the agencies subject to the provisions of this

act. The individual components of the plan as they relate to

individual agencies shall be incorporated annually into each

affected agency's budget request in accordance with the provisions

of Section 41.29 of Title 62 of the Oklahoma Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety Page 154
Okla. Stat. tit. 63, § 63-4009 — OK Code / Title 63 / Section 63-4009
Application for certificate of title or registration -
Status: in_force

Contents - Manufacturer's certificate of origin - Identification

number - Homemade vessels - Lien entry form for certain vessels -

Delivery of certificate.

A. The application for a certificate of title and registration

for a vessel or an outboard motor shall be upon a form furnished by

Service Oklahoma and shall contain:

1. A full description of the vessel or outboard motor;

2. The manufacturer's serial and model number or other

identification number;

3. The length of the vessel;

4. The date on which first sold by the manufacturer or dealer

to the owner;

5. Any distinguishing marks;

6. A statement of the applicant's source of title;

7. Whether the vessel is a documented vessel and the number

assigned to such vessel;

8. Any security interest upon said vessel or outboard motor, or

vessel and motor; and

9. Such other information as Service Oklahoma may require.

Every original or duplicate certificate of title and

registration for a vessel or an outboard motor shall contain all

items listed in this subsection.

B. To obtain an original certificate of title for a vessel or

outboard motor that is being registered for the first time in this

state or for a vessel or outboard motor that has not been previously

registered in any other state, the applicant shall be required to

deliver, as evidence of ownership, a manufacturer's certificate of

origin or at the discretion of Service Oklahoma a copy of the

manufacturer's certificate of origin properly assigned by the

manufacturer, distributor, or dealer licensed in this or any other

state shown thereon to be the last transferee to the applicant upon

a form to be prescribed and approved by Service Oklahoma. A

manufacturer's certificate of origin shall contain:

1. The manufacturer's serial or other identification number;

2. Date on which first sold by the manufacturer to the dealer;

3. Any distinguishing marks including model and the year same

was made;

4. A statement of any security interests upon said vessel or

outboard motor, or vessel and motor; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1614

5. Such other information as Service Oklahoma may require.

C. In the absence of a dealer's or manufacturer's number,

Service Oklahoma may assign such identifying number to the vessel or

outboard motor, which shall be permanently stamped, burned or

pressed into or attached onto such vessel or outboard motor.

D. Every dealer selling new or used vessels or outboard motors

and every individual not licensed as a dealer who sells a new or

used vessel or outboard motor shall verify the hull identification

number or serial number is the same as the number on the current

registration of the vessel or outboard motor. The seller of the

vessel or outboard motor shall sign a notarized affidavit, under

penalty of perjury, affirming the numbers are the same.

E. 1. Before a homemade vessel is issued a hull identification

number from Service Oklahoma, the vessel and the motor shall be

inspected by a commissioned officer of the Oklahoma Highway Patrol

Division of the Department of Public Safety or by any other employee

of the Department or any other law enforcement officer of the state

as the Commissioner of Public Safety may designate, pursuant to the

rules promulgated by the Commissioner of Public Safety. For the

purposes of this act, "homemade vessel" means any vessel not

allotted a hull identification number (HIN) by a manufacturer, and

specifically excludes any vessel upon which the hull identification

number has been covered, altered, defaced, destroyed, or removed.

2. The Department of Public Safety is hereby granted authority

and jurisdiction, pursuant to Article 1 of the Administrative

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

Statutes, to promulgate, administer and enforce all necessary rules

deemed necessary to implement the provisions of this section.origin - Identification number - Homemade vessels - Lien entry form for certain vessels - Delivery ofification

number has been covered, altered, defaced, destroyed, or removed.

2. The Department of Public Safety is hereby granted authority

and jurisdiction, pursuant to Article 1 of the Administrative

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

Statutes, to promulgate, administer and enforce all necessary rules

deemed necessary to implement the provisions of this section.

3. The Department of Public Safety shall prescribe all forms

deemed necessary to implement the provisions of this section.

F. It shall be unlawful to:

1. Improperly display or fail to display a vessel's hull

identification number;

2. Operate or possess a vessel on which the hull identification

number has been removed; or

3. Operate or possess a motor on which the serial number has

been removed.

G. When registering in this state a vessel which was titled in

another state and which title contains the name of a secured party

on the face of the other state certificate of title, Service

Oklahoma or the licensed operator shall complete a lien entry form

as prescribed by Service Oklahoma. A statement of the lien or

encumbrance shall be included on the Oklahoma certificate of title

and the lien or encumbrance shall be deemed continuously perfected

as though it had been perfected pursuant to Section 4013 of this

title. For completing the lien entry form and recording the

security interest on the certificate of title, Service Oklahoma or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1615

the licensed operator shall collect a fee of Three Dollars ($3.00)

which shall be in addition to other fees provided by the Oklahoma

Vessel and Motor Registration Act.

H. Upon payment of all fees and taxes, a certificate of title,

a certificate of registration and, for a vessel, two registration

decals or, for an outboard motor, one registration decal shall be

delivered to the applicant. Provided, yearly decals shall be issued

for vessels and motors titled and registered to the Department of

Public Safety.
Okla. Stat. tit. 63, § 63-7200.3 — OK Code / Title 63 / Section 63-7200.3
Definitions
Status: in_force

As used in the Oklahoma Sleep Diagnostic Testing Regulation Act:

1. “Advanced practice nurse” means a person licensed to

practice as an advanced practice nurse by the Oklahoma Board of

Nursing pursuant to the Oklahoma Nursing Practice Act;

2. “Interpreting physician” means a physician who provides

professional interpretation of data generated by sleep diagnostic

tests. An interpreting physician shall be board-certified in sleep

medicine by the American Board of Sleep Medicine (ABSM) or the

American Board of Medical Specialties or must have completed a one-

year sleep medicine fellowship accredited by the Accreditation

Council for Graduate Medical Education (ACGME) or received a

Certification of Special Qualifications (CSQ) or a Certification of

Added Qualifications (CAQ) in Sleep Medicine issued by the American

Osteopathic Association;

3. “Physician” means a person licensed to practice:

a. allopathic medicine and surgery by the State Board of

Medical Licensure and Supervision pursuant to the

Oklahoma Allopathic Medical and Surgical Licensure and

Supervision Act, or

b. osteopathic medicine by the State Board of Osteopathic

Examiners pursuant to the Oklahoma Osteopathic

Medicine Act;

4. “Physician assistant” means a person licensed to practice as

a physician assistant by the State Board of Medical Licensure and

Supervision pursuant to the Physician Assistant Act;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1782

5. “Sleep diagnostic test” means any technological recording

procedure used for the diagnosis of sleep-related breathing

disorders or other disorders of sleep;

6. “Sleep diagnostic testing facility” means a building or

place situated in a fixed location or a mobile entity that is used

to conduct sleep diagnostic tests and includes sleep disorder

centers and laboratories for sleep-related breathing disorders, but

does not include a hospital that conducts sleep diagnostic tests for

its patients, including sleep diagnostic tests performed under

arrangements made by a hospital for its patients whereby the

hospital exercises professional responsibility over the arranged

services; and

7. “Supervising physician” means a physician responsible for

the supervision of the sleep diagnostic testing performed,

including, but not limited to, the quality of the testing performed,

the proper operation and calibration of the equipment used to

perform sleep diagnostic tests and the actions of nonphysician

personnel engaged in the performance of the sleep diagnostic

testing. A supervising physician shall be board-certified in sleep

medicine by the American Board of Sleep Medicine (ABSM) or the

American Board of Medical Specialties or shall have completed a one-

year sleep medicine fellowship accredited by the Accreditation

Council for Graduate Medical Education (ACGME), or received a

Certification of Special Qualifications (CSQ) or a Certification of

Added Qualifications (CAQ) in Sleep Medicine issued by the American

Osteopathic Association.
Okla. Stat. tit. 63, § 63-1-219 — OK Code / Title 63 / Section 63-1-219
Child guidance programs, community mental health
Status: in_force

services and community facilities for individuals with intellectual

disabilities authorized.

The board of county commissioners of any county, or the board of

county commissioners of two or more counties jointly, is hereby

authorized, at the option and approval of the board or boards, to

conduct a child guidance program, and/or community health center

and/or community facility for individuals with intellectual

disabilities, separate and apart from or in conjunction with the

county department of health, and to request as a part of the county

budget an appropriation of not to exceed an amount equal to the net

proceeds of a levy of three-fourths (3/4) mill on the dollar

valuation of taxable property in the county for such purpose or

purposes; and to employ personnel, within the limits of such funds,

to conduct such program or programs. Provided, that any center or

facility for mental health services established or maintained

hereunder shall first be approved by the State Director of Mental

Health on advice of the Board of Mental Health and shall operate

under the guidelines of the Oklahoma Mental Health Services Act; and

any center or facility for intellectual disability services

established or maintained hereunder shall first be approved by the

Director of Human Services.
Okla. Stat. tit. 63, § 63-1-1910 — OK Code / Title 63 / Section 63-1-1910
Records required to be retained for public inspection
Status: in_force

A facility shall retain the following for public inspection:

1. A complete copy of every inspection report of the facility

received from the Department during the past three (3) years;

2. A copy of every order pertaining to the facility issued by

the Department or a court during the past three (3) years;

3. A description of the services provided by the facility and

the rates charged for those services and items for which a resident

may be separately charged;

4. A copy of the statement of ownership;

5. A record of personnel who are licensed, certified or

registered and employed or retained by the facility who are

responsible for patient care; and

6. A complete copy of the most recent inspection report of the

facility received from the Department.
Okla. Stat. tit. 63, § 63-1-290.2 — OK Code / Title 63 / Section 63-1-290.2
Registered nurses - Physician-approved protocols
Status: in_force

A. Registered nurses are authorized to use physician-approved

protocols to provide public health services when performing duties

as an employee or as a contractor, as defined in Section 803 of

Title 18 of the Oklahoma Statutes, on behalf of the city-county

Oklahoma Statutes - Title 63. Public Health and Safety Page 169

health departments, county health departments, and the State

Department of Health.

B. The Department shall have a designated Medical Director

responsible for maintaining the protocols to reflect the current

standard of care. Protocols shall be consistent with published

clinical practice guidelines established or endorsed by nationally

recognized professional medical organizations, societies,

associations and federal agencies. The physician-approved protocols

shall be reviewed annually and updated as needed. Physician-

approved protocols shall be approved through Department policy.

C. The establishment of a physician-patient relationship is not

necessary for the physician-approved protocol to be implemented by

the registered nurse when providing public health services on behalf

of a city-county health department, county health department or the

Department.

D. The State Department of Health shall promulgate and

implement policies and procedures to ensure the registered nurse has

proper training, education and supervision prior to and during the

provision of public health services.

E. Medical algorithms may be utilized or referenced in the

physician-approved protocols to assist in providing the public

health services.

F. The registered nurse may dispense prepackaged

nonprescription medications and recommend nonprescription

medications pursuant to the physician-approved protocols.

G. A registered nurse may orally submit a prescription

prescribed by an advanced practice registered nurse with

prescriptive authority to a pharmacy of the patient’s choosing.
Okla. Stat. tit. 63, § 63-1-1901 — OK Code / Title 63 / Section 63-1-1901
Short title
Status: in_force

This act shall be known and may be cited as the "Nursing Home

Care Act".
Okla. Stat. tit. 63, § 63-1-1813 — OK Code / Title 63 / Section 63-1-1813
Renumbered as § 2-5-112 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-857.6 — OK Code / Title 63 / Section 63-1-857.6
Oklahoma Health Planning Commission - Abolition -
Status: in_force

Transfer of funds, property, etc.

A. The Oklahoma Health Planning Commission is hereby abolished,

and the powers, duties and responsibilities exercised by such

Commission pursuant to law are hereby transferred to the State

Department of Health and the State Commissioner of Health. All

unexpended funds, property, records, personnel and any outstanding

financial obligations and encumbrances of such office are hereby

transferred to the State Department of Health and the State

Commissioner of Health.

B. The Director of the Office of Management and Enterprise

Services is hereby directed to coordinate the transfer of funds,

allotments, purchase orders, outstanding financial obligations or

encumbrances provided for in this section.

C. Any application for a certificate of need which was duly

filed with the Oklahoma Health Planning Commission prior to the

effective date of the Long-term Care Certificate of Need Act or the

Psychiatric and Chemical Dependency Facility Certificate of Need Act

shall be reviewed and approved or disapproved pursuant to criteria

and procedures in effect at the time such application was filed.

Any application for Certificate of Need not scheduled for review at

the regularly scheduled June, 1989, Commission meeting or by the

Director before July 1, 1989, shall be considered to have been duly

filed with the State Department of Health. In all appellate

matters, including but not limited to reconsideration and remand,

the Department shall be considered as the Commission.

D. The rules of the Oklahoma Health Planning Commission in

effect on July 1, 1989, shall be enforceable by the State Department

of Health and shall remain effective until the adoption of new rules

by the State Board of Health.

E. Any references to the Oklahoma Health Planning Commission in

the Oklahoma Statutes shall be construed to refer to the State

Department of Health.
Okla. Stat. tit. 63, § 63-2-326 — OK Code / Title 63 / Section 63-2-326
Discovery of loss or theft - Disposal - Reports - Other
Status: in_force

duties.

A. Any person or business, licensed or permitted, who discovers

a loss or theft of, or disposes of a substance listed in Section 4

of this act shall:

1. Submit a report of the loss, theft, or disposal to the

Director of the Oklahoma Bureau of Narcotics and Dangerous Drugs

Control no later than the third business day after the date the

manufacturer, wholesaler, retailer, or other person discovers the

loss or theft, or after the actual disposal; and

2. Include the amount of loss, theft, or disposal in the

report. Any disposal of precursor substances must be done in

accordance with the rules and regulations of the United States

Environmental Protection Administration and shall be performed at

the expense of the permit or license holder.

B. A manufacturer, wholesaler, retailer, or other person who

sells, transfers, possesses, uses, or otherwise furnishes any

precursor substance shall:

1. Maintain records as specified in Section 5 of this act;

2. Permit agents of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control to conduct on-site audits, inspect inventory

on hand and inspect all records made in accordance with this act at

any reasonable time; and

3. Cooperate with the audit, and the full and complete

inspection or copying of any records.
Okla. Stat. tit. 63, § 63-4036 — OK Code / Title 63 / Section 63-4036
Used vessels or motors - Expiration of registration - Use of demonstration permit -
Status: in_force

Purchase or transfer of ownership of out-of-state used vessel or motor - Application for certificate

Oklahoma Statutes - Title 63. Public Health and Safety Page 55of demonstration permit - Purchase or transfer of ownership of out-

of-state used vessel or motor - Application for certificate of title

- Sale or transfer of ownership - Tax stamp - Registration by

purchaser.

A. When a registration expires on a used vessel or motor while

in the possession of a dealer, the dealer shall affix a dealer's

demonstration permit to such vessel or motor whenever the vessel or

motor is used for demonstration.

B. Upon the purchase or transfer of ownership of an out-of-

state used vessel or motor by a dealer, or the purchase or transfer

of ownership of a vessel or motor which does not have a certificate

of title or a certificate of registration the dealer shall make

application for an Oklahoma certificate of title pursuant to the

Oklahoma Vessel and Motor Registration Act, Section 4002 et seq. of

this title. Upon receipt of the Oklahoma certificate of title, the

dealer shall follow the procedure as set forth in subsection A of

this section. Provided, nothing in this title shall be construed as

requiring a dealer to register a vessel or motor purchased in

another state which will not be operated or sold in this state.

C. Upon sale or transfer of ownership of the used vessel or

motor, the dealer shall place upon the reassignment portion of the

certificate of title a tax stamp issued by the county treasurer of

the county in which the dealer has his primary place of business.

The tax stamp shall be issued upon payment of a fee of Three Dollars

and fifty cents ($3.50) and shall be in lieu of the dealer's ad

valorem tax on the inventories of used vessels or motors but shall

not relieve any other property of the dealer from ad valorem

taxation.

D. Upon sale of a used vessel or motor to another licensed

dealer, the selling dealer shall place the tax stamp required in

subsection C of this section upon the certificate of title.

E. The purchaser of every used vessel or motor except as

otherwise provided by law, shall obtain registration and title for

the vessel or motor within thirty (30) calendar days from the date

of purchase of same.
Okla. Stat. tit. 63, § 63-124.4 — OK Code / Title 63 / Section 63-124.4
Disposition of permit fees
Status: in_force

All monies derived from the sale of permits as specified in this

division shall be transferred to the State Treasurer of the State of

Oklahoma, to be placed to the credit of the "General Revenue Fund".
Okla. Stat. tit. 63, § 63-485.6 — OK Code / Title 63 / Section 63-485.6
Officers - Organization - Director and personnel - Legal
Status: in_force

assistance.

A. The members of the Oklahoma Cerebral Palsy Commission shall

select from among the members of the Commission a chair, a vice-

chair, and a secretary, and organize itself for the purpose of

carrying out the provisions of Section 485.1 et seq. of this title.

B. The Commission is hereby authorized in its discretion to

employ a director who shall employ and hire other persons as may be

required in the estimation of the director and in accordance with

federal, state, and local laws to carry out the provisions of this

Oklahoma Statutes - Title 63. Public Health and Safety Page 1214

act; provided that physical therapists, physical therapist

assistants, occupational therapists, certified occupational

therapist aides, speech pathologists, and the Director of Nursing so

employed shall be unclassified and exempt from the provisions of the

Merit System of Personnel Administration. Other positions may be

unclassified as provided for in applicable federal, state, and local

laws. The Commission is authorized to hire an attorney to provide

legal assistance or to contract for such specialized services only

as provided for in Section 485.3 of this title.
Okla. Stat. tit. 63, § 63-2200.20A — OK Code / Title 63 / Section 63-2200.20A
Life Share Donor Registry
Status: in_force

A. 1. There is hereby established within the State Department

of Health, an organ, eye and tissue donor registry for the State of

Oklahoma to be known as the “Life Share Donor Registry”. The

Department is authorized to contract with the designated organ

procurement organization who shall act on behalf of the Department

by carrying out the functions of the Department in the

administration of the registry, in compliance with 18 U.S.C. Section

2721. The contract between the Department and the designated organ

procurement organization shall be subject to the concurrence and

approval of the Department of Public Safety.

2. The registry shall maintain and update as needed the

pertinent information on all Oklahomans who have indicated a

willingness to be an organ donor, eye donor or tissue donor by a

Oklahoma Statutes - Title 63. Public Health and Safety Page 1365

designation on a driver license, a state identification card, a

donor card, an online or other organ donor registry enrollment form,

or any other document of gift.

3. The registry and all information therein shall be

confidential and shall be subject to access only by the designated

organ procurement organization and by eye banks and tissue banks

licensed by the State of Oklahoma seven (7) days a week, twenty-four

(24) hours per day; however, the personal information and highly

restricted personal information shall only be available to the

designated organ, tissue, and eye procurement organizations solely

for the purpose of identifying a potential donor and only when

acting on behalf of the State Department of Health as prescribed in

paragraph 1 of this subsection. The placement of any personal

information and highly restricted personal information on the

registry that, at the time of placement, was confidential under the

Open Records Act or the Driver’s Privacy Protection Act (DPPA), 18

U.S.C. Sections 2721 through 2725, shall remain confidential.

4. The purpose of the registry shall include, but not be

limited to:

a. providing a means of recovering an anatomical gift for

transplantation or research, and

b. collecting data to develop and evaluate the

effectiveness of educational initiatives promoting

organ, eye and tissue donation.

B. Procedures to administer the Life Share Donor Registry shall

specify:

1. The information placed in the registry may include personal

information and highly restricted personal information, as defined

in 18 U.S.C. Section 2721, and access to such information shall

conform to the Driver’s Privacy Protection Act (DPPA), 18 U.S.C.

Sections 2721 through 2725;

2. Authorization for the designated organ procurement

organization or an eye or tissue bank, licensed by the State of

Oklahoma, to analyze registry data under research protocols directed

toward determination and identification of the means to promote and

increase organ, eye and tissue donation within this state;

3. A process for updating information in the registry including

a method whereby an individual may revoke his or her intent to be an

organ, eye, or tissue donor;

4. The method for making information on the registry available

to the designated organ procurement organizations and to tissue

banks and eye banks licensed by the State of Oklahoma;

5. Limitations on the use of and access to the registry;

6. A toll-free telephone number, available twenty-four (24)

hours a day, for use by the public to obtain information on becoming

an organ, tissue or eye donor;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1366

7. A process for establishing, implementing, maintaining, and

administering an online organ, eye and tissue donor registration

process and ensuring the confidentiality of information provided;

8. A process for a donor who has registered online to sign a

confirmation card that will be returned to the designated organ

procurement organization and made part of the registry record; and

9. Procedures for collaborating with the Department of Public

Safety to transmit stored driver license data by the Department of

Public Safety, in conformance with 18 U.S.C. Section 2721, to the

Life Share Donor Registry maintained by the designated organ

procurement organization, and to ensure the confidentiality of such

information for present and potential donors. Monies credited to

the Oklahoma Organ Donor Education and Awareness Program Revolving

Fund created in Section 2220.3 of Title 63 of the Oklahoma Statutes

may be used for a one-time transfer to the Department of Public

Safety for the reasonable costs associated with the initial

installation and setup of equipment and software for electronic

transfer of donor information. All actual electronic transfers of

donor information shall be at no charge to the designated organ

procurement organization; however, all costs associated with the

creation and maintenance of the Life Share Donor Registry shall be

paid by the designated organ procurement organization.

C. Information obtained by the designated organ procurement

organization shall be used for the purpose of:

1. Establishing a statewide organ, eye, and tissue donor

registry that is accessible to designated organ procurement

organizations and to eye banks and tissue banks, licensed by the

State of Oklahoma, for the recovery, preservation, transportation,

and placement of organs, eyes, and tissue; and

2. Designated organ procurement organizations in other states

when an Oklahoma resident is a donor of an anatomical gift and is

not located in Oklahoma at the time of death or immediately before

the death of the donor.
Okla. Stat. tit. 63, § 63-687.1 — OK Code / Title 63 / Section 63-687.1
Citation
Status: in_force

This act shall be known as the "Emergency Interim Relocation

Act", and shall be cumulative to the Oklahoma Emergency Management

Act of 2003.
Okla. Stat. tit. 63, § 63-685.11 — OK Code / Title 63 / Section 63-685.11
Disputes
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1261

Any dispute concerning a question of fact arising under this act

with respect to an office in the executive branch of the state

government (except a dispute of fact relative to the Office of

Governor) shall be adjudicated by the Governor (or other official

authorized under the Constitution and this act to exercise the

powers and discharge the duties of the office of Governor) and his

decision shall be final. Such disputes with respect to the Office

of Governor shall be determined by the Supreme Court.
Okla. Stat. tit. 63, § 63-2562 — OK Code / Title 63 / Section 63-2562
Definitions
Status: in_force

As used in the Nondiscrimination in Health Care Coverage Act:

1. "Agency" shall include the state and all units of state

government and shall not exclude any entity established under the

constitution or laws of the state or established by any entity which

was itself established under the constitution or laws of the state;

2. "Health care provider" means a person who is licensed,

certified or otherwise authorized by the laws of this state to

practice a health care or healing arts profession or who administers

health care in the ordinary course of business;

3. "Health care service" means any phase of patient medical

care, treatment or procedure, including, but not limited to,

therapy, testing, diagnosis or prognosis, prescribing, dispensing or

administering any device, drug or medication, surgery, or any other

care or treatment rendered by health care providers;

4. "Utilization management" shall include step therapy, prior

authorization restrictions and the use of formulary restrictions to

restrict access to a drug or other health care service prescribed by

a health care provider; and

5. "Self-advocacy organizations" means organizations run by

persons with disabilities, the majority of whose board members and

employees are themselves persons with disabilities.
Okla. Stat. tit. 63, § 63-1-738 — OK Code / Title 63 / Section 63-1-738
5 Disciplinary action
Status: in_force

A. Any physician who knowingly or recklessly performs or

attempts to perform an abortion in violation of the provisions of

Oklahoma Statutes - Title 63. Public Health and Safety Page 334

this act shall be subject to disciplinary action by the State Board

of Medical Licensure and Supervision or the State Board of

Osteopathic Examiners.

B. No penalty may be assessed against the woman upon whom the

abortion is performed or attempted to be performed.

C. No penalty or civil liability may be assessed for failure to

comply with Section 1-738.2 of this title unless the State Board of

Medical Licensure and Supervision has made the printed materials

available at the time the physician or the agent of the physician is

required to inform the woman of her right to review them.

D. Any person who knowingly or recklessly performs or attempts

to perform an abortion in violation of this act shall be guilty of a

felony.
Okla. Stat. tit. 63, § 63-1-2005.2 — OK Code / Title 63 / Section 63-1-2005.2
Renumbered as § 2-7-119 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-554 — OK Code / Title 63 / Section 63-1-554
Oklahoma Breast and Cervical Cancer Act
Status: in_force

Sections 1-554 through 1-558 of this title shall be known and

may be cited as the “Oklahoma Breast and Cervical Cancer Act”.
Okla. Stat. tit. 63, § 63-96 — OK Code / Title 63 / Section 63-96
Authority to dissect, operate or experiment on dead bodies
Status: in_force

- Record of bodies received.

Any and all schools, colleges, and persons who may be designated

by the Anatomical Board shall be, and are, authorized to dissect,

operate upon, examine and experiment upon bodies distributed to them

by the Board's agent and no others. The schools, colleges and

designated persons are also authorized to retain tissue from bodies

distributed to them and to donate the tissue to a person or entity

for the purpose of training a dog to search for human remains;

provided, any tissue donated for said purpose shall not be

transferred, sold or used for any other purpose than training dogs

to search for human remains. If any human tissue that has been

donated for canine training is lost or stolen, the theft shall be

reported to the Oklahoma State Bureau of Investigation by the person

or entity that received the donation. Such dissections, operations,

examinations and experiments shall not be considered as amenable

under any already existing laws for the prevention of mutilation of

dead human bodies. Such persons, schools or colleges shall keep a

record, sufficient for identification, of each body received from

Oklahoma Statutes - Title 63. Public Health and Safety Page 1062

the Anatomical Board or agent. The record shall be subject to

inspection by the Board or its authorized officer or agent.
Okla. Stat. tit. 63, § 63-3105.1 — OK Code / Title 63 / Section 63-3105.1
Short title - Physician Orders for Life-Sustaining
Status: in_force

Treatment Act.

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

Orders for Life-Sustaining Treatment Act".
Okla. Stat. tit. 63, § 63-4013 — OK Code / Title 63 / Section 63-4013
Perfection of security interest - Applicability of Title
Status: in_force

12A - Surrender of certificate or application to secured party -

Delivery to Commission - Satisfaction and release - Penalty - New

certificate - Security interests perfected prior to effective date

of act.

A. 1. Except for a security interest in vessels or motors held

by a dealer for sale or lease, a security interest, as defined in

paragraph (35) of Section 1-201 of Title 12A of the Oklahoma

Statutes, in a vessel or motor as to which a certificate of title

may be properly issued by Service Oklahoma shall be perfected only

when a lien entry form prescribed by Service Oklahoma, and the

existing certificate of title, if any, or application for a

certificate of title and manufacturer's certificate of origin or

other identification number containing the name and address of the

secured party and the date of the security agreement and the

required fee are delivered to Service Oklahoma or to a licensed

operator. The filing and duration of perfection of a security

interest, pursuant to the provisions of Title 12A of the Oklahoma

Statutes, including, but not limited to, Section 1-9-311 of Title

12A of the Oklahoma Statutes, shall not be applicable to perfection

of security interests in vessels or motors as to which a certificate

of title may be properly issued by Service Oklahoma, except as to

vessels or motors held by a dealer for sale or lease and except as

provided in subsection D of this section. In all other respects

Title 12A of the Oklahoma Statutes shall be applicable to such

security interests in vessels or motors as to which a certificate of

title may be properly issued by Service Oklahoma.

2. Whenever a person creates a security interest in a vessel or

motor, such person shall surrender to the secured party the

certificate of title or the signed application for a new certificate

of title, on the form prescribed by Service Oklahoma, and the

manufacturer's certificate of origin or other identification number.

The secured party shall deliver the lien entry form and the required

lien filing fee within twenty-five (25) calendar days as provided

hereafter with certificate of title or the application for

certificate of title, and the manufacturer's certificate of origin

or other identification number to Service Oklahoma or to a licensed

operator. Perfection of the security interest shall begin from the

date of the delivery to Service Oklahoma or to a licensed operator

of (i) the lien entry form, (ii) the lien filing fee, and (iii) the

certificate of title or application for certificate of title and the

manufacturer's certificate of origin or other identification number.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1619

When a vessel or motor title is presented to a licensed operator for

transfer or registration and the documents reflect a lienholder, the

licensed operator shall perfect the lien as provided for in

subsection G of Section 1105 of Title 47 of the Oklahoma Statutes.

3. Upon the receipt of the lien entry form and the required

fees with either the certificate of title or an application for

certificate of title and manufacturer's certificate of origin or

other identification number, a licensed operator shall, by placement

of a clearly distinguishing mark, record the date and number shown

in a conspicuous place, on each of these instruments.

4. The certificate of title or the application for certificate

of title and manufacturer's certificate of origin or other

identification number with the record of the date of receipt clearly

marked thereon shall be returned to the debtor together with a

notice that the debtor is required to register and pay all

additional fees and taxes due within thirty (30) calendar days from

the date of purchase of said vessel or motor.

5. Any person creating a security interest in a vessel or motor

that has been previously registered in the debtor's name and onapplication to secured party - Delivery to Commission - Satisfaction and release - Penalty - Newof the date of receipt clearly

marked thereon shall be returned to the debtor together with a

notice that the debtor is required to register and pay all

additional fees and taxes due within thirty (30) calendar days from

the date of purchase of said vessel or motor.

5. Any person creating a security interest in a vessel or motor

that has been previously registered in the debtor's name and on

which all taxes due the state have been paid shall surrender the

certificate of ownership to the secured party. The secured party

shall have the duty to record the security interest as provided in

this section and shall, at the same time, obtain a new certificate

of title which shall show the secured interest on the face of such

certificate of title.

6. The lien entry form with the date and assigned number

thereof clearly marked thereon shall be returned to the secured

party. If the lien entry form is received and authenticated, as

herein provided, by a licensed operator, such licensed operator

shall make a report thereof to Service Oklahoma upon the forms and

in the manner as may be prescribed by Service Oklahoma.

7. Service Oklahoma shall have the duty to record the lien upon

the face of the certificate of title issued at the time of

registering and paying all fees and taxes due on such vessel or

motor.

B. 1. A secured party shall, within seven (7) business days

after the satisfaction of such security interest, furnish directly

or by mail a release of a security interest to Service Oklahoma and

mail a copy thereof to the last-known address of the debtor. If the

security interest has been satisfied by payment from a licensed used

boat dealer to whom the used vessel or motor has been transferred,

the secured party shall also, within seven (7) business days after

such satisfaction, mail a certified copy of copy number one of the

release of security interest to such dealer. If the secured party

fails to furnish such release as herein required, the secured party

shall be liable to the debtor for a penalty of One Hundred Dollars

Oklahoma Statutes - Title 63. Public Health and Safety Page 1620

($100.00) and, in addition, any loss caused to the debtor by such

failure.

2. Upon release of a security interest the owner may obtain a

new certificate of title omitting reference to the security

interest, by submitting to Service Oklahoma or to a licensed

operator:

a. a release signed by the secured party, an application

for new certificate of title and the proper fees, or

b. by submitting to Service Oklahoma or the licensed

operator an affidavit, supported by such documentation

as Service Oklahoma may require, by the owner on a

form prescribed by Service Oklahoma stating that the

security interest has been satisfied and stating the

reasons why a release cannot be obtained, an

application for a new certificate of title and the

proper fees.

Upon receiving such affidavit that the security interest has been

satisfied, Service Oklahoma shall issue a new certificate of title

eliminating the satisfied security interest and the name and address

of the secured parties who have been paid and satisfied. Service

Oklahoma shall accept a release of a security interest in any form

that identifies the debtor, the secured party, and the vessel or

motor and contains the signature of the secured party. Service

Oklahoma shall not require any particular form for the release of a

security interest.

The words "security interest" when used in the Oklahoma Vessel

and Motor Registration Act do not include liens dependent upon

possession.

C. Service Oklahoma shall file and index certificates of title

so that at all times it will be possible to trace a certificate of

title to the vessel or motor designated therein, identify the lien

entry form, and the names and addresses of secured parties, or their

assignees, so that all or any part of such information may be made

readily available to those who make legitimate inquiry of Service

Oklahoma as to the existence or nonexistence of security interest in

the vessel or motor.

D. 1. Any security interest in a vessel or motor properly

perfected prior to January 1, 1990, may be continued as to its

effectiveness or duration as provided by Section 1-9-515 of Title

12A of the Oklahoma Statutes, or may be terminated, assigned or

released as provided by Sections 1-9-513 and 1-9-514 of Title 12A of

the Oklahoma Statutes, as fully as if this section had not been

enacted, or, at the option of the secured party, may also be

perfected under this section, and, if so perfected, the time of

perfection under this section shall be the date said security

interest was originally perfected under the prior law.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1621

2. Upon request of the secured party, the debtor or any other

holder of the certificate of title shall surrender said certificate

of title to the secured party and shall do such other acts as may be

required to perfect said security interest under this section.
Okla. Stat. tit. 63, § 63-101 — OK Code / Title 63 / Section 63-101
Shipment of dead body
Status: in_force

No railroad or other common carrier shall receive for shipment

to any point within the state or to any point outside the state the

body of a deceased person unless there is attached to the shipping

case, in a strong envelope, a burial-transit permit duly issued and

signed by the Chief Medical Examiner.
Okla. Stat. tit. 63, § 63-4202 — OK Code / Title 63 / Section 63-4202
Administration and enforcement of act - Promulgation of
Status: in_force

rules - Forms.

The Department of Public Safety is hereby granted authority and

jurisdiction to administer and enforce all provisions of the

Oklahoma Boating Safety Regulation Act, Section 4201 et seq. of this

title, and the Oklahoma Vessel and Motor Registration Act, Section

4002 et seq. of this title. The Department is authorized to

promulgate and enforce all necessary rules pursuant to Article 1 of

the Administrative Procedures Act, Section 250 et seq. of Title 75

of the Oklahoma Statutes, and shall prescribe all forms it deems

necessary to implement the provisions of the Oklahoma Boating Safety

Regulation Act.
Okla. Stat. tit. 63, § 63-1-719 — OK Code / Title 63 / Section 63-1-719
Bonds of counties, cities and towns
Status: in_force

Any county, city, or town is hereby authorized to issue bonds

for constructing and equipping a hospital, community mental health

facility, public health center, or related health facility, to be

owned and operated by such county, city, or town in accordance with

standards approved by the State Commissioner of Health; provided,

that such bonds may be issued to construct a jointly owned and

operated hospital, community mental health facility, public health

center, or related health facility, by two or more counties, or by

one or more counties and a city or cities, or by two or more cities.

Except as provided in the Municipal and County Economic and

Community Development Bonds Act pursuant to Section 800 et seq. of

Title 62 of the Oklahoma Statutes, the bonds shall be issued upon

the assent thereto of three-fifths (3/5) of the voters of the

subdivision issuing the bonds, voting at an election held for that

Oklahoma Statutes - Title 63. Public Health and Safety Page 281

purpose. The proposition voted on shall state specifically the type

of hospital facility to be constructed. Such election shall be

called by the governing board or managing body of such subdivision.

Notice of the election shall be published for two (2) successive

weeks in a weekly or daily newspaper, having a general circulation

in the subdivision. The bonds shall be made to mature serially as

now provided by law and shall be sold at an advertised sale under

existing laws. The rate of interest shall not exceed eight percent

(8%) per annum. The bonds shall be submitted to the Attorney

General for his approval as ex officio Bond Commissioner of the

state.
Okla. Stat. tit. 63, § 63-1-2302 — OK Code / Title 63 / Section 63-1-2302
Renumbered as § 2-10-103 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-237 — OK Code / Title 63 / Section 63-1-237
Interagency Coordinating Council for Coordination of
Status: in_force

Efforts for Prevention of Adolescent Pregnancy and Sexually

Transmitted Diseases.

1. The Governor shall appoint an Interagency Coordinating

Council for Coordination of Efforts for Prevention of Adolescent

Pregnancy and Sexually Transmitted Diseases which shall be composed

of thirty-one (31) members as follows:

a. the chief executive officers or their designees of

the:

(1) Commission on Children and Youth,

(2) State Department of Education,

(3) Oklahoma Department of Career and Technology

Education,

(4) Department of Human Services,

(5) Department of Mental Health and Substance Abuse

Services,

(6) Office of Volunteerism,

(7) State Department of Health, and

(8) College of Public Health,

b. the Executive Director of the Office of Juvenile

Affairs or designee,

c. two representatives from the Maternal and Infant

Health Division, two representatives from the HIV/STD

Division, two representatives from the Child Health

and Guidance Division of the State Department of

Health,

d. a superintendent of an independent school district,

e. a representative of a statewide association of medical

doctors,

f. a representative of a statewide association of

osteopathic physicians,

g. a representative of a statewide association of parents

and teachers,

h. a representative of a statewide association of

classroom teachers,

i. a representative of a statewide association of school

counselors,

j. a principal of an alternative education program,

k. a representative of business or industry,

l. a representative of a statewide association formed for

the purpose of developing leadership skills,

Oklahoma Statutes - Title 63. Public Health and Safety Page 152

m. a representative of an ecumenical association,

n. two parents of ten- to twenty-year-old children,

o. a teenage girl,

p. a representative of a nonprofit statewide child

advocacy organization,

q. the Governor or the Governor's designee, who shall

chair the Coordinating Council.

Legal assistance shall be provided by the Office of the Attorney

General. Staff support and assistance shall be provided by the

State Department of Health as the legal agency.

2. The Coordinating Council shall:

a. on or before December 1, 1994, complete the State Plan

pursuant to the provisions of Section 1-238 of this

title and present it to the Committee for approval,

and

b. after approval of the State Plan, monitor

implementation of the plan, evaluate the plan, meet

with the Committee concerning revisions whenever

requested to do so, and on or before November 1, 1995,

and November 1 of each subsequent year, submit a

report on the implementation and evaluation of the

State Plan to the Governor, the President Pro Tempore

of the Senate and the Speaker of the House of

Representatives.Oklahoma Statutes - Title 63. Public Health and Safety Page 3
Okla. Stat. tit. 63, § 63-1063 — OK Code / Title 63 / Section 63-1063
Tenant eligibility
Status: in_force

An authority shall issue regulations establishing eligibility

requirements, consistent with the purposes and objectives of this

act, for admission to and continued occupancy in its projects.

Nothing contained in this or the preceding section shall be

construed as limiting the power of an authority with respect to a

housing project, to vest in an obligee the right, in the event of a

default by the authority, to take possession or cause the

appointment of a receiver thereof, free from all of the restrictions

imposed by this or the preceding section.
Okla. Stat. tit. 63, § 63-1-2605 — OK Code / Title 63 / Section 63-1-2605
Off-label uses of prescription drugs for cancer
Status: in_force

treatment - Coverage under health maintenance contracts.

Any group or non-group health maintenance contract which

provides coverage for prescription drugs shall also provide coverage

of off-label uses of prescription drugs used in the treatment of

cancer or the study of oncology.
Okla. Stat. tit. 63, § 63-4202.1 — OK Code / Title 63 / Section 63-4202.1
Operators of emergency vessels - Exercise of certain
Status: in_force

privileges.

A. The operator of an emergency vessel, when responding to an

emergency call, when in the pursuit of an actual or suspected

violator of the law, or when responding to but not upon returning

from a response to an emergency situation, may exercise the

privilege set forth in this section, subject to the conditions set

forth in subsection B of this section.

B. The operator of an emergency vessel may:

1. Park, moor or beach the vessel irrespective of the

provisions of this title;

2. Proceed past a restrictive buoy, but only after slowing down

as may be necessary for safe operation;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1658

3. Exceed the maximum speed or wake limits so long as that

action does not endanger life or property; and

4. Disregard rules governing direction of movement or turning

in specified directions.

C. The exemptions granted in this section shall apply only when

an emergency vessel is making use of audible and visual signals

meeting the requirements of Section 4207 of this title.

D. The provisions of this section shall not relieve the

operator of an emergency vessel from the duty to drive with due

regard for the safety of all persons or protect the driver from the

consequences of reckless disregard for the safety of others.
Okla. Stat. tit. 63, § 63-2-309F — OK Code / Title 63 / Section 63-2-309F
Central repository - Powers, duties and
Status: in_force

responsibilities - Contract with vendor to serve as.

A. The central repository provided by the Anti-Drug Diversion

Act shall:

1. Be capable of providing the collected information in forms

required by the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, including but not limited to, dispensations by

prescriber name or registration number, dispenser name or

registration number, recipient name or identification number, type

of substance, frequency, quantity, and location of dispensation;

2. Provide the Bureau with continual, twenty-four-hour per day,

on-line access to the collected information;

3. Secure the collected information against access by

unauthorized persons;

4. Provide the Bureau, in a reasonable time, with all collected

information in a format readily usable by the Bureau, in the event

the relationship between the state and central repository is

terminated; and

5. Not withhold access to the collected information for any

reason other than failure of the Bureau to timely pay agreed fees

and charges for use of the central repository.

B. The Bureau is authorized to enter into a contract with a

vendor to serve as the central repository provided for in the Anti-

Drug Diversion Act or to purchase the necessary equipment to create

the central repository within the Bureau. The Bureau is authorized

to enter into agreements and contracts with vendors as necessary to

facilitate the electronic transmission of data contained within the

central repository to registrants and other persons as provided for

in Section 2-309D of this title. The central repository shall not

be subject to the provisions of Sections 34.6 through 34.33 of Title

62 of the Oklahoma Statutes and shall be maintained and controlled

by personnel of the Bureau pursuant to the confidentiality

requirements provided for in Section 2-309D of this title.
Okla. Stat. tit. 63, § 63-1-106 — OK Code / Title 63 / Section 63-1-106
See the following versions:
Status: in_force

OS 63-1-106v1 (SB 949, Laws 2025, c. 215, § 13)

OS 63-1-106v2 (HB 2013, Laws 2025, c. 377, § 3)
Okla. Stat. tit. 63, § 63-1-1914.9 — OK Code / Title 63 / Section 63-1-1914.9
Determinations - Impartial decision maker – State
Status: in_force

survey agency.

A. 1. Upon the conclusion of all arguments by the parties at

the informal dispute resolution, the impartial decision maker shall

issue a written statement of findings that shall be entitled

"Determinations".

2. The determinations shall include:

a. a recitation of the deficiency identification numbers,

b. a statement of whether a disputed deficiency should

remain, be removed, or be modified on the statement of

deficiencies, and

c. the facts and persuasive arguments that support the

finding of the impartial decision maker for each

deficiency identification number.

B. 1. The determination of the impartial decision maker shall

be provided to all parties.

2. The State Department of Health shall review the

determination and shall issue a written document entitled "State

Survey Agency Determination".

C. A state survey agency determination is not subject to

appeal, reargument, or reconsideration.

D. The Department shall deliver a copy of the state survey

agency determination to the facility and to the impartial decision

maker.

E. 1. In accordance with the state survey agency

determination, the Department shall issue an amended state of

deficiencies if the state survey agency determination results in

modification to any deficiencies cited in the original statement of

deficiencies.

2. If the Department determines that amendments to the

statement of deficiencies should result in changes to the scope or

severity assigned to any deficiency, the amended statement of

deficiencies shall reflect the changes to the scope or severity of

any cited deficiency.

F. The amended statement of deficiencies shall be provided to

the facility.
Okla. Stat. tit. 63, § 63-2200.2A — OK Code / Title 63 / Section 63-2200.2A
Definitions
Status: in_force

As used in the Oklahoma Uniform Anatomical Gift Act:

1. "Adult" means an individual who is at least eighteen (18)

years of age;

2. "Agent" means an individual:

a. authorized to make health care decisions on the

principal's behalf by a power of attorney for health

care, or

b. expressly authorized to make an anatomical gift on the

principal's behalf by any other record signed by the

principal;

3. "Anatomical donor program" means an entity that is

registered with the State Anatomical Board to receive and issue

bodies or body parts for education or research;

4. "Anatomical gift" means a donation of all or part of a human

body to take effect after the donor's death for the purpose of

transplantation, therapy, research, or education;

5. "Decedent" means a deceased individual whose body or part is

or may be the source of an anatomical gift and includes a stillborn

infant and, subject to restrictions imposed by any other provisions

of law, a fetus;

6. "Disinterested witness" means a witness other than the

spouse, child, parent, sibling, grandchild, grandparent, or guardian

of the individual who makes, amends, revokes, or refuses to make an

anatomical gift, or another adult who exhibited special care and

concern for the individual and does not include a person to whom an

anatomical gift could pass under Section 2200.11A of this title;

7. "Document of gift" means a donor card or other record used

to make an anatomical gift, including a statement or symbol on a

driver license, identification card, or donor registry;

8. "Donor" means an individual whose body or part is the

subject of an anatomical gift;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1350

9. "Donor registry" means a database that contains records of

anatomical gifts and amendments to or revocations of anatomical

gifts;

10. "Driver license" means a license or permit issued by the

Department of Public Safety to operate a vehicle, whether or not

conditions are attached to the license or permit;

11. "Eye bank" means a person that is licensed, accredited, or

regulated under federal or state law to engage in the recovery,

screening, testing, processing, storage, or distribution of human

eyes or portions of human eyes;

12. "Guardian" means a person appointed by a court to make

decisions regarding the support, care, education, health, or welfare

of an individual and does not include a guardian ad litem;

13. "Hospital" means a facility licensed as a hospital under

the law of any state or a facility operated as a hospital by the

United States, a state, or a subdivision of a state;

14. "Identification card" means an identification card issued

by the Department of Public Safety;

15. "Know" means to have actual knowledge;

16. "Minor" means an individual who is under eighteen (18)

years of age;

17. "Organ procurement organization" means a person designated

by the Secretary of the United States Department of Health and Human

Services as an organ procurement organization;

18. "Non-transplant tissue bank" means an entity that is

registered with the State Anatomical Board to engage in the

recovery, screening, testing, processing, storage, or distribution

of tissue for education and research;

19. "Parent" means a parent whose parental rights have not been

terminated;

20. "Part" means an organ, an eye, or tissue of a human being

and does not include the whole body;

21. "Person" means an individual, corporation, business trust,

estate, trust, partnership, limited liability company, association,

joint venture, public corporation, government or governmental

subdivision, agency, or instrumentality, or any other legal or

commercial entity;

22. "Physician" means an individual authorized to practice

medicine or osteopathy under the law of any state;

23. "Procurement organization" means an eye bank, organ

procurement organization, or tissue bank;

24. "Prospective donor" means an individual who is dead or near

death and who has been determined by a procurement organization to

have a part that could be medically suitable for transplantation,

therapy, research, or education and does not include an individual

who has made a refusal;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1351

25. "Reasonably available" means able to be contacted by a

procurement organization without undue effort and willing and able

to act in a timely manner consistent with existing medical criteria

necessary for the making of an anatomical gift;

26. "Recipient" means an individual into whose body a

decedent's part has been or is intended to be transplanted;

27. "Record" means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form;

28. "Refusal" means a record created under Section 2200.7A of

this title that expressly states an intent to bar other persons from

making an anatomical gift of an individual's body or part;

29. "Sign" means, with the present intent to authenticate or

adopt a record, to:

a. execute or adopt a tangible symbol, or

b. attach to or logically associate with the record an

electronic symbol, sound, or process;

30. "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States;

31. "Technician" means an individual determined to be qualified

to remove or process parts by an appropriate organization that is

licensed, accredited, or regulated under federal or state law,

including an enucleator;

32. "Tissue" means a portion of the human body other than an

organ or an eye and does not include blood unless the blood is

donated for the purpose of research or education;

33. "Tissue bank" means a person that is licensed, accredited,

or regulated under federal or state law to engage in the recovery,

screening, testing, processing, storage, or distribution of tissue;

and

34. "Transplant hospital" means a hospital that furnishes organ

transplants and other medical and surgical specialty services

required for the care of transplant patients.
Okla. Stat. tit. 63, § 63-1-738.3 — OK Code / Title 63 / Section 63-1-738.3
Print and online information - Requirements
Status: in_force

A. Within one hundred twenty (120) days of the effective date

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

shall cause to be published, in English and in Spanish, and shall

update on an annual basis, the following printed materials in such a

way as to ensure that the information is easily comprehensible:

1. a. geographically indexed materials designed to inform

the woman of public and private agencies, including

adoption agencies and services that are available to

assist a woman through pregnancy, upon childbirth, and

while the child is dependent, including:

(1) a comprehensive list of the agencies available,

(2) a description of the services they offer,

including which agencies offer, at no cost to the

pregnant woman, ultrasound imaging that enables a

Oklahoma Statutes - Title 63. Public Health and Safety Page 325

pregnant woman to view the unborn child or heart

tone monitoring that enables the pregnant woman

to listen to the heartbeat of the unborn child,

and

(3) a description of the manner, including telephone

numbers, in which they might be contacted, or

b. at the option of the Board a toll-free, twenty-four-

hour-a-day telephone number which may be called to

obtain, in a mechanical, automated, or auditory

format, a list and description of agencies in the

locality of the caller and of the services they offer;

and

2. a. materials designed to inform the woman of the probable

anatomical and physiological characteristics of the

unborn child at two-week gestational increments from

the time when a woman can be known to be pregnant to

full term, including:

(1) any relevant information on the possibility of

the survival of the unborn child, and

(2) pictures or drawings representing the development

of unborn children at two-week gestational

increments, provided that the pictures or

drawings shall describe the dimensions of the

unborn child and shall be realistic and

appropriate for the stage of pregnancy depicted,

b. the materials shall be objective, nonjudgmental, and

designed to convey only accurate scientific

information about the unborn child at the various

gestational ages, and

c. the material shall also contain objective information

describing:

(1) the methods of abortion procedures commonly

employed,

(2) the medical risks commonly associated with each

of those procedures,

(3) the possible detrimental psychological effects of

abortion and of carrying a child to term, and

(4) the medical risks commonly associated with

carrying a child to term, and

d. the material shall contain the statement "Abortion

shall terminate the life of a whole, separate, unique,

living human being."

B. 1. The materials referred to in subsection A of this

section shall be printed in a typeface large enough to be clearly

legible.

2. The materials required under this section shall be available

at no cost from the State Board of Medical Licensure and Supervision

Oklahoma Statutes - Title 63. Public Health and Safety Page 326

and shall be distributed upon request in appropriate numbers to any

person, facility, or hospital.

C. 1. The Board shall provide on its stable Internet website

the information described under subsection A of this section.

2. The website provided for in this subsection shall be

maintained at a minimum resolution of 72 PPI.

D. Any facility performing abortions that has a website shall

publish an easily identifiable link on the homepage of such website

that directly links to the Board's website, www.awomansright.org,

that provides informed consent materials under the Woman's Right-to-

Know Act. Such link shall read: "The State Board of Medical

Licensure and Supervision maintains a website containing information

about the development of the unborn child, as well as video of

ultrasound images of the unborn child at various stages of

development. The Board's website can be reached by clicking here:

www.awomansright.org."
Okla. Stat. tit. 63, § 63-1-1108 — OK Code / Title 63 / Section 63-1-1108
Rules and regulations - Definitions - Standards
Status: in_force

Whenever in the judgment of the State Board of Health such

action will promote honesty and fair dealing in the interest of

consumers, the Board shall promulgate reasonable rules and

regulations fixing and establishing for any food or class of food a

reasonable definition and standard of identity, and/or reasonable

standard of quality and/or fill of container. In prescribing a

definition and standard of identity for any food or class of food in

which optional ingredients are permitted the Board shall, for the

Oklahoma Statutes - Title 63. Public Health and Safety Page 575

purpose of promoting honesty and fair dealing in the interest of

consumers, designate the optional ingredients which shall be named

on the label. The definitions and standards so promulgated shall

conform so far as practicable to the definitions and standards

promulgated under authority of the Federal Act.
Okla. Stat. tit. 63, § 63-2-430 — OK Code / Title 63 / Section 63-2-430
Right of contribution - Recovery by plaintiff
Status: in_force

A person subject to liability under this act has a right of

action for contribution against another person subject to liability

under the Drug Dealer Liability Act. Contribution may be enforced

either in the original action or by a separate action brought for

that purpose. A plaintiff may seek recovery in accordance with this

act and existing law against a person whom a defendant has asserted

a right of contribution.
Okla. Stat. tit. 63, § 63-1-706.12 — OK Code / Title 63 / Section 63-1-706.12
Purposes of Center
Status: in_force

The purposes of the Emergency Medical Services for Children

Resource Center shall be to:

1. Maximize pediatric emergency care in Oklahoma through expert

leadership, education, research and advocacy;

2. Develop guidelines for approval of emergency medical service

facilities as Emergency Departments Approved for Pediatrics (EDA-P)

and for rating the ability of a facility to provide pediatric

emergency medical services;

3. Develop guidelines for equipment and its use for prehospital

and hospital pediatric emergency care;

4. Develop guidelines and protocols for prehospital and

hospital facilities which encompass all levels of pediatric

emergency medical services, including, but not limited to,

stabilization, treatment, transfers and referrals;

5. Provide initial and continuing professional education

programs and guidelines on pediatric emergency medical care for

emergency medical services personnel and other health care

providers;

6. Conduct public education concerning pediatric emergency

medical services including, but not limited to, prevention and

access to pediatric emergency services;

7. Collect and analyze existing data from prehospital and

hospital emergency medical systems related to pediatric emergency

and critical care for the purpose of quality improvement;

8. Consult with and advise public and private organizations,

including the Emergency Medical Services Division and the Trauma

Systems Development Section of the Injury Prevention Service within

the State Department of Health, the Oklahoma Highway Safety Office,

law enforcement, fire service, ambulance services, educational

institutions, professional organizations, business organizations,

hospital organizations and any other federally funded projects in

pediatric emergency and critical care medical services;

9. Provide other services and activities deemed necessary to

maximize pediatric emergency care in the State of Oklahoma; and

10. Solicit and accept funds from the federal government and

other public and private sources.
Okla. Stat. tit. 63, § 63-2-313 — OK Code / Title 63 / Section 63-2-313
Excepted preparations - Conditions of exemption
Status: in_force

A. Except as otherwise in this act specifically provided, this

act shall not apply to the following cases:

1. Prescribing, administering, dispensing, or selling at retail

not more than one of any of the following medicinal preparations

that contain in thirty (30) milliliters or, if a solid or semisolid

preparation, in one (1) avoirdupois ounce:

a. not more than one hundred sixty (160) milligrams of

opium;

b. not more than twenty (20) milligrams of morphine or of

any of its salts; or

c. not more than eighty (80) milligrams of codeine or any

of its salts.

2. Prescribing, administering, dispensing, or selling at retail

of liniments, ointments, and other preparations, that are

susceptible of external use only and that contain narcotic drugs in

such combinations as to prevent their being readily extracted from

such liniments, ointments, or preparations, except that this act

shall apply to all liniments, ointments and other preparations that

contain coca leaves in any quantity or combination.

B. The exemptions authorized by subparagraphs 1 and 2 of

subsection A of this section shall be subject to all of the

conditions set out in this subsection. The exemptions authorized by

subparagraph 3 of subsection A of this section shall not, however,

be subject to the conditions set out in subparagraphs 1, 2 or 3 of

this subsection, but shall be subject to subparagraph 4 of this

subsection.

1. No person shall prescribe, administer, dispense, or

distribute under the exemptions of this section, to any one person,

or for the use of any one person or animal, any preparation or

Oklahoma Statutes - Title 63. Public Health and Safety Page 966

preparations included within this section, when he knows, or can by

reasonable diligence ascertain, that such prescribing,

administering, dispensing or distributing will provide the persons

to whom or for whose use, or the owner of the animal for the use of

which such preparation is prescribed, administered, dispensed, or

distributed, within any forty-eight (48) consecutive hours, with

more than three hundred twenty (320) milligrams of opium, or more

than forty (40) milligrams of morphine or any of its salts, or more

than one hundred sixty (160) milligrams of codeine or any of its

salts, or will provide such person or the owner of such animal,

within forty-eight (48) consecutive hours, with more than one

preparation exempted by this section from the operation of this act.

2. This act shall not apply to any compound, mixture or

preparation which contains not more than one (1) drachm of paregoric

per thirty (30) milliliters.

3. The medicinal preparation, or the liniment, ointment, or

other preparation susceptible of external use only, prescribed,

administered, dispensed, or distributed, shall contain, in addition

to the narcotic drug in it, some drug or drugs conferring upon it

medicinal qualities other than those possessed by the narcotic drug

alone. Such preparation shall be prescribed, administered,

dispensed, and distributed in good faith as a medicine, and not for

the purpose of evading the provisions of this act.

4. The provisions of Section 2-314 of this act shall apply to

the preparations referred to in subsection A of this section.

Nothing in this section shall be construed to limit the kind and

quantity of any narcotic drug that may be prescribed, administered,

dispensed, or distributed to any person or for the use of any person

or animal when it is prescribed, administered, dispensed, or

distributed in compliance with the general provisions of this act.
Okla. Stat. tit. 63, § 63-2603 — OK Code / Title 63 / Section 63-2603
Payment for services
Status: in_force

The spouse, parents or legal guardian of the minor shall not be

liable for payment for any health services provided under the

authority of this act, unless they shall have expressly agreed to

pay for such care. Minors consenting to health services shall

thereby assume financial responsibility for the cost of said

services except those who are proven unable to pay and who receive

the services in public institutions.
Okla. Stat. tit. 63, § 63-1-280.2 — OK Code / Title 63 / Section 63-1-280.2
Primary care provider evaluation training - Applied
Status: in_force

behavior analysis treatment pilot project.

A. Funds shall be used by the University Hospitals Authority

for primary care provider evaluation training for providers in the

Sooner SUCCESS program to acquire skills necessary to evaluate

children with autism spectrum disorders.

B. 1. The Developmental Disabilities Services Division of the

Department of Human Services shall establish an applied behavior

analysis treatment pilot project. The Division shall secure federal

matching dollars to implement and maintain the project.

2. The project shall:

a. provide three Board-Certified Behavior Analysts to

measure functional outcomes of children with autism,

who are approved by the Division to participate in the

project, and study the effects of applied behavior

analysis in a consultative model that includes a

parental training component, and

b. require the participating analysts to provide the

necessary supervision to assist supervisees in this

state to learn and provide applied behavior analysis

and achieve certification by the nationally accredited

Behavior Analyst Certification Board.

3. The project shall commence no later than January 1, 2011,

and end no later than three (3) years from the date of commencement.

4. The Division shall submit a report to the Legislature and

the Governor no later than January 1, 2014, concerning:

a. the effectiveness of the project,

b. the results found when using applied behavior analysis

in a consultative model that includes a parental

Oklahoma Statutes - Title 63. Public Health and Safety Page 168

training component to measure functional outcomes of

children with autism,

c. the most effective approach and systems to provide

applied behavior analysis, and

d. any other findings and recommendations resulting from

the project.

5. The Department shall promulgate rules to implement the

provisions of this subsection.
Okla. Stat. tit. 63, § 63-1-2523 — OK Code / Title 63 / Section 63-1-2523
Oklahoma Institute for Disaster and Emergency Medicine
Status: in_force

Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the State Department of Health, to be designated the "Oklahoma

Institute for Disaster and Emergency Medicine 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 state appropriations for such 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

as follows:

The State Department of Health is authorized to develop and

support the Oklahoma Institute for Disaster and Emergency Medicine

(the "Institute") at the OU College of Medicine in Tulsa. The

primary duties and responsibilities of the Institute shall include:

1. Creation and delivery of educational initiatives related to

trauma systems development and trauma systems coordination, in order

to strengthen the quality of trauma care services rendered

statewide;

2. Development and support of an emergency medical response

infrastructure to include statewide planning and training functions;

3. Establishment and support of an allopathic emergency

medicine residency program in Oklahoma; and

4. In partnership with the State Department of Health, to

further develop an injury prevention research program to identify

significant risks and design and implement effective interventions

to mitigate those risks.

Up to Five Hundred Thousand Dollars ($500,000.00) of this fund

may be used for delivery of urgent care in under-served areas.

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.

Oklahoma Statutes - Title 63. Public Health and Safety Page 841
Okla. Stat. tit. 63, § 63-1-2509.1 — OK Code / Title 63 / Section 63-1-2509.1
Promulgation of rules for the Oklahoma Emergency Response Systems Development
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 28Response Systems Development Act.

The State Board of Health shall promulgate rules to implement

the provisions of the Oklahoma Emergency Response Systems

Development Act.
Okla. Stat. tit. 63, § 63-4210.7 — OK Code / Title 63 / Section 63-4210.7
Occupying front or back deck of vessel while under way
Status: in_force

No operator shall allow any person to occupy the front or back

deck of any vessel while under way at any speed greater than idle or

trolling speed unless such vessel is equipped with factory-installed

seating or is designed as such to allow access to the front or back

deck by way of side walkways or factory-equipped, walk-through areas

to a flat deck surrounded by life rails, deck rails, stern rails,

bow rails, or other such enclosures extending at least twenty-four

(24) inches above the deck.
Okla. Stat. tit. 63, § 63-686.8 — OK Code / Title 63 / Section 63-686.8
Oaths
Status: in_force

Promptly after designation each emergency interim successor

shall take the oaths required for the legislator to whose powers and

duties he is designated to succeed. No other oath shall be

required. The oath shall be administered (by the Speaker of the

House of Representatives for the emergency interim successors

designated for that house, and by the President Pro Tempore of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1264

Senate for the emergency interim successors designated to serve for

the Senate.)
Okla. Stat. tit. 63, § 63-1-730 — OK Code / Title 63 / Section 63-1-730
Definitions
Status: in_force

A. As used in this article:

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

medicine, drug, or any other substance or device intentionally to

terminate the pregnancy of a female known to be pregnant with an

intention other than to increase the probability of a live birth, to

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

an ectopic pregnancy, or to remove a dead unborn child who died as

the result of a spontaneous miscarriage, accidental trauma, or a

criminal assault on the pregnant female or her unborn child;

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

omission of a statutorily required act, that under the circumstances

as the actor believes them to be constitutes a substantial step in a

course of conduct planned to culminate in the performance of an

abortion;

3. "Certified technician" means a Registered Diagnostic Medical

Sonographer who is certified in obstetrics and gynecology by the

American Registry for Diagnostic Medical Sonography (ARDMS) or a

Nurse Midwife or Advance Practice Nurse Practitioner in Obstetrics

with certification in obstetrical ultrasonography;

4. "Unborn child" or "unborn person" means the unborn offspring

of human beings from the moment of conception, through pregnancy,

and until live birth including the human conceptus, zygote, morula,

blastocyst, embryo and fetus;

Oklahoma Statutes - Title 63. Public Health and Safety Page 307

5. "Unemancipated minor" means any person less than eighteen

(18) years of age who is not or has not been married or who is under

the care, custody, and control of the person's parent or parents,

guardian, or juvenile court of competent jurisdiction;

6. "Viable" means potentially able to live outside of the womb

of the mother upon premature birth, whether resulting from natural

causes or an abortion;

7. "Conception" means the fertilization of the ovum of a female

individual by the sperm of a male individual;

8. "Health" means physical or mental health;

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

10. "Inducing an abortion" means the administration by any

person, including the pregnant woman, of any substance designed or

intended to cause an expulsion of the unborn child, effecting an

abortion as defined above.

B. Nothing contained herein shall be construed in any manner to

include any contraceptive device or medication or sterilization

procedure.
Okla. Stat. tit. 63, § 63-1-1124 — OK Code / Title 63 / Section 63-1-1124
Inspection and revocation of license
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 587

Every frozen food locker plant or branch locker plant shall be

subject to inspection at any reasonable hour by the State

Commissioner of Health or his authorized representatives and such

locker plants shall be maintained in a sanitary condition and

conducted with strict regard to the influence of such conditions

upon the food handled therein. The license shall be conspicuously

displayed by the licensee in each locker plant, or branch locker

plant.
Okla. Stat. tit. 63, § 63-1-229.23 — OK Code / Title 63 / Section 63-1-229.23
Municipalities to furnish information to ABLE
Status: in_force

Commission.

Any city or town that enacts and enforces ordinances prohibiting

and penalizing conduct under provisions of Section 600.3, 600.4,

600.8 or 600.9 of this title shall furnish information requested by

the ABLE Commission in the form, manner and time as may be

determined by the ABLE Commission which will allow the ABLE

Commission to comply with subsection C of Section 600.11 of this

title.
Okla. Stat. tit. 63, § 63-1-1152 — OK Code / Title 63 / Section 63-1-1152
Administrative hearing for suspension or revocation of
Status: in_force

license – Civil penalties.

A. Any mobile food vendor who has been notified of a possible

suspension or revocation of his or her state license may request an

administrative hearing in accordance with the Administrative

Procedures Act and rules promulgated by the State Commissioner of

Health.

B. The State Department of Health may issue civil penalties to

a person who operates as a mobile food vendor without a license,

with a suspended license, or after a license is revoked.
Okla. Stat. tit. 63, § 63-5009.7 — OK Code / Title 63 / Section 63-5009.7
Food is Medicine programs – Federal approval – Covered
Status: in_force

services.

A. The Oklahoma Health Care Authority shall seek any necessary

federal approval to provide coverage for nutrition supports under

Oklahoma Statutes - Title 63. Public Health and Safety Page 1716

the state Medicaid program for the purpose of implementing Food is

Medicine programs as provided by this section.

B. Food is Medicine programs shall be designed to improve

health outcomes for Medicaid members with nutrition-related chronic

diseases through nutrition services and to reduce the need for

medical care.

C. Nutrition services covered under the state Medicaid program

may include, but are not limited to:

1. Case management;

2. Nutrition counseling;

3. Meals or pantry stocking;

4. Nutrition prescriptions; and

5. Grocery provisions.

D. Wherever feasible, the Authority and contracted entities

under the state Medicaid program shall prioritize the inclusion of

community-based organizations and local growers to support the

purchase of locally grown food in nutrition prescriptions.
Okla. Stat. tit. 63, § 63-2525.1 — OK Code / Title 63 / Section 63-2525.1
Renumbered as § 2508.1 of this title by Laws 1995, c
Status: in_force

204, § 9, eff. July 1, 1995.
Okla. Stat. tit. 63, § 63-1-1909 — OK Code / Title 63 / Section 63-1-1909
Documents and papers required to be displayed
Status: in_force

Every long-term care facility as defined by Section 3 of this

act shall conspicuously post for display in an area of its offices

accessible to residents, employees and visitors the following:

1. Its current license;

2. A description, provided by the State Department of Health,

of complaint procedures established under this act and the name,

address and telephone number of a person authorized by the

Department to receive complaints. A copy of the complaint procedure

shall also be given to each resident or in certain cases, the court

appointed guardian;

3. A copy of any order pertaining to the facility issued by the

Department or a court which is currently in effect;

4. A copy of any notification from the local law enforcement

authority of the registration of any person residing in the facility

who is required to register pursuant to the provisions of the Sex

Offenders Registration Act or the Mary Rippy Violent Crime Offenders

Registration Act; and

5. A list of the material available for public inspection under

Section 1-1910 of this title.

Oklahoma Statutes - Title 63. Public Health and Safety Page 678
Okla. Stat. tit. 63, § 63-5013.1 — OK Code / Title 63 / Section 63-5013.1
Persons providing Medicaid home- and community-based
Status: in_force

personal care services pursuant to contract with Authority.

A. An individual who only provides Medicaid home- and

community-based personal care services, pursuant to a contract with

the Oklahoma Health Care Authority, shall be exempt from the

provisions of the Home Care Act, Section 1-1960 et seq. of Title 63

of the Oklahoma Statutes.

B. The Authority, with the assistance of the Aging Services

Division of the Department of Human Services, shall develop

qualifying criteria that comply with federal standards for personal

care services under the Medicaid program for persons providing

Medicaid home- and community-based personal care services pursuant

to a contract with the Oklahoma Health Care Authority. Such

criteria shall also include requirements for a criminal history

investigation to be conducted on such persons pursuant to Section 1-

1950.1 of Title 63 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-2352 — OK Code / Title 63 / Section 63-2352
Labeling
Status: in_force

Each light of safety glazing material manufactured, distributed,

imported or sold for use in hazardous locations or installed in such

a location within the State of Oklahoma shall be permanently labeled

by such means as etching, sandblasting or firing ceramic material on

the safety glazing material. The label shall identify the labeler,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1389

whether manufacturer, fabricator or installer, and the nominal

thickness and the type of safety glazing material and the fact that

said material meets the test requirements of ANSI Standard Z-97.1-

1966 and such other further requirements as may be adopted by the

State Health Department. The label must be legible and visible

after installation. Such safety glazing labeling shall not be used

on other than safety glazing materials.
Okla. Stat. tit. 63, § 63-2-503 — OK Code / Title 63 / Section 63-2-503
Property subject to forfeiture
Status: in_force

A. The following shall be subject to forfeiture:

1. All controlled dangerous substances and synthetic controlled

substances which have been manufactured, distributed, dispensed,

acquired, concealed or possessed in violation of the Uniform

Controlled Dangerous Substances Act;

2. All raw materials, products and equipment of any kind and

all drug paraphernalia as defined by the Uniform Controlled

Dangerous Substances Act, which are used, or intended for use, in

manufacturing, compounding, processing, delivering, importing or

exporting, injecting, ingesting, inhaling, or otherwise introducing

Oklahoma Statutes - Title 63. Public Health and Safety Page 1016

into the human body any controlled dangerous substance or synthetic

controlled substance in violation of the provisions of the Uniform

Controlled Dangerous Substances Act;

3. All property which is used, or intended for use, as a

container for property described in paragraphs 1, 2, 5 and 6 of this

subsection;

4. All conveyances, including aircraft, vehicles, vessels, or

farm implements which are used to transport, conceal, or cultivate

for the purpose of distribution as defined in the Uniform Controlled

Dangerous Substances Act, or which are used in any manner to

facilitate the transportation or cultivation for the purpose of sale

or receipt of property described in paragraphs 1 or 2 of this

subsection or when the property described in paragraphs 1 or 2 of

this subsection is unlawfully possessed by an occupant thereof,

except that:

a. no conveyance used by a person as a common carrier in

the transaction of business as a common carrier shall

be forfeited under the provisions of the Uniform

Controlled Dangerous Substances Act unless it shall

appear that the owner or other person in charge of

such conveyance was a consenting party or privy to a

violation of the Uniform Controlled Dangerous

Substances Act, and

b. no conveyance shall be forfeited under the provisions

of this section by reason of any act or omission

established by the owner thereof to have been

committed or omitted without the knowledge or consent

of such owner, and if the act is committed by any

person other than such owner the owner shall establish

further that the conveyance was unlawfully in the

possession of a person other than the owner in

violation of the criminal laws of the United States,

or of any state;

5. All books, records and research, including formulas,

microfilm, tapes and data which are used in violation of the Uniform

Controlled Dangerous Substances Act;

6. All things of value furnished, or intended to be furnished,

in exchange for a controlled dangerous substance in violation of the

Uniform Controlled Dangerous Substances Act, all proceeds traceable

to such an exchange, and all monies, negotiable instruments, and

securities used, or intended to be used, to facilitate any violation

of the Uniform Controlled Dangerous Substances Act;

7. All monies, coin and currency found in close proximity to

any amount of forfeitable substances, to forfeitable drug

manufacturing or distribution paraphernalia or to forfeitable

records of the importation, manufacture or distribution of

substances, which are rebuttably presumed to be forfeitable under

Oklahoma Statutes - Title 63. Public Health and Safety Page 1017

the Uniform Controlled Dangerous Substances Act. The burden of

proof is upon claimants of the property to rebut this presumption;

8. All real property, including any right, title, and interest

in the whole of any lot or tract of land and any appurtenance or

improvement thereto, which is used, or intended to be used, in any

manner or part, to commit, or to facilitate the commission of, a

violation of the Uniform Controlled Dangerous Substances Act which

is punishable by imprisonment for more than one (1) year, except

that no property right, title or interest shall be forfeited

pursuant to this paragraph, by reason of any act or omission

established by the owner thereof to have been committed or omitted

without the knowledge or consent of that owner; and

9. All weapons possessed, used or available for use in any

manner to facilitate a violation of the Uniform Controlled Dangerous

Substances Act.

B. Any property or thing of value of a person is subject to

forfeiture if it is established by a preponderance of the evidence

that such property or thing of value was acquired by such person

during the period of the violation of the Uniform Controlled

Dangerous Substances Act or within a reasonable time after such

period and there was no likely source for such property or thing of

value other than the violation of the Uniform Controlled Dangerous

Substances Act.

C. Any property or thing of value of a person is subject to

forfeiture if it is established by a preponderance of the evidence

that the person has not paid all or part of a fine imposed pursuant

to the provisions of Section 2-415 of this title.

D. All items forfeited in this section shall be forfeited under

the procedures established in Section 2-506 of this title. Whenever

any item is forfeited pursuant to this section except for items

confiscated by the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, the Department of Public Safety, the Oklahoma State

Bureau of Investigation, the Alcoholic Beverage Laws Enforcement

Commission, the Department of Corrections, or the Office of the

Attorney General, the district court of the district shall order

that such item, money, or monies derived from the sale of such item

be deposited by the state, county or city law enforcement agency

which seized the item in the revolving fund provided for in Section

2-506 of this title; provided, such item, money or monies derived

from the sale of such item forfeited due to nonpayment of a fine

imposed pursuant to the provisions of Section 2-415 of this title

shall be apportioned as provided in Section 2-416 of this title.

Items, money or monies seized pursuant to subsections A and B of

this section shall not be applied or considered toward satisfaction

of the fine imposed by Section 2-415 of this title. All raw

materials used or intended to be used by persons to unlawfully

manufacture or attempt to manufacture any controlled dangerous

Oklahoma Statutes - Title 63. Public Health and Safety Page 1018

substance in violation of the Uniform Controlled Dangerous

Substances Act shall be summarily forfeited pursuant to the

provisions of Section 2-505 of this title.

E. All property taken or detained under this section by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the

Department of Public Safety, the Oklahoma State Bureau of

Investigation, the Alcoholic Beverage Laws Enforcement Commission,

the Department of Corrections, or the Office of the Attorney

General, shall not be repleviable, but shall remain in the custody

of the Bureaus, Departments, Commission, or Office, respectively,

subject only to the orders and decrees of a court of competent

jurisdiction. The Director of the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control, the Commissioner of Public

Safety, the Director of the Oklahoma State Bureau of Investigation,

the Director of the Alcoholic Beverage Laws Enforcement Commission,

the Director of the Department of Corrections, and the Attorney

General shall follow the procedures outlined in Section 2-506 of

this title dealing with notification of seizure, intent of

forfeiture, final disposition procedures, and release to innocent

claimants with regard to all property included in this section

detained by the Department of Public Safety, the Oklahoma State

Bureau of Investigation, the Alcoholic Beverage Laws Enforcement

Commission, the Department of Corrections, or the Office of the

Attorney General. Property taken or detained by the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control, the Department of

Public Safety, the Oklahoma State Bureau of Investigation, the

Alcoholic Beverage Laws Enforcement Commission, the Department of

Corrections, or the Office of the Attorney General shall be disposed

of or sold pursuant to the provisions of Section 2-508 of this

title. Any money, coins, and currency, taken or detained pursuant

to this section may be deposited in an interest bearing account by

or at the direction of the State Treasurer if the seizing agency

determines the currency is not to be held as evidence. All interest

earned on such monies shall be returned to the claimant or forfeited

with the money, coins, and currency which was taken or detained as

provided by law.

F. The proceeds of any forfeiture of items seized by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall

be distributed as follows:

1. To the bona fide or innocent purchaser, conditional sales

vendor or mortgagee of the property, if any, up to the amount of his

interest in the property, when the court declaring a forfeiture

orders a distribution to such person; and

2. The balance to the Bureau of Narcotics Revolving Fund

established pursuant to Section 2-107 of this title, provided the

Bureau may enter into agreements with municipal, tribal, county,

state or federal law enforcement agencies, or other state agencies

Oklahoma Statutes - Title 63. Public Health and Safety Page 1019

with CLEET-certified law enforcement officers, assisting in the

forfeiture or underlying criminal investigation, to return to such

an agency a percentage of said proceeds.

G. Any agency that acquires seized or forfeited property or

money shall maintain a true and accurate inventory and record of all

such property seized pursuant to this section.
Okla. Stat. tit. 63, § 63-5053.6 — OK Code / Title 63 / Section 63-5053.6
Service of subpoena - Limitation of actions - Burden of
Status: in_force

proof - Res judicata.

A. A subpoena requiring the attendance of a witness at a trial

or hearing conducted under the Oklahoma Medicaid False Claims Act

may be served at any place in Oklahoma.

B. A civil action under Section 5053.2 of this title may not be

brought:

1. More than six (6) years after the date on which the

violation of the Oklahoma Medicaid False Claims Act is committed; or

2. More than three (3) years after the date when facts material

to the right of action are known or reasonably should have been

known by the official of the State of Oklahoma charged with

responsibility to act in the circumstances, but in no event more

than ten (10) years after the date on which the violation is

committed, whichever occurs last.

C. If the state elects to intervene and proceed with an action

brought under Section 5053.2 of this title, the state may file its

own complaint or amend the complaint of a person who has brought an

action under Section 5053.2 of this title to clarify or add detail

to the claims in which the state is intervening and to add any

additional claims with respect to which the state contends it is

entitled to relief. For statute of limitations purposes, any such

state pleading shall relate back to the filing date of the complaint

of the person who originally brought the action to the extent that

the claim of the state arises out of the conduct, transactions or

occurrences set forth, or attempted to be set forth, in the prior

complaint of the person.

D. In any action brought under Section 5053.2 of this title,

this state shall be required to prove all essential elements of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1758

cause of action, including damages, by a preponderance of the

evidence.

E. Notwithstanding any other provision of law, a final judgment

rendered in favor of this state in any criminal proceeding charging

fraud or false statements, whether upon a verdict after trial or

upon a plea of guilty or nolo contendere, shall estop the defendant

from denying the essential elements of the offense in any action

which involves the same transaction as in the criminal proceeding

and which is brought under the Oklahoma Medicaid False Claims Act.
Okla. Stat. tit. 63, § 63-1-2101 — OK Code / Title 63 / Section 63-1-2101
Renumbered as § 2-8-101 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-103a — OK Code / Title 63 / Section 63-1-103a
Short title - Oklahoma Public Health Advisory Council
Status: in_force

Modernization Act.

Section 44 of this act shall be known and may be cited as the

"Oklahoma Public Health Advisory Council Modernization Act".
Okla. Stat. tit. 63, § 63-2663A — OK Code / Title 63 / Section 63-2663A
Consultant pharmacists – Required visits to ambulatory
Status: in_force

surgical center.

A consultant pharmacist shall be required to visit an ambulatory

surgical center no more than one time per month.
Okla. Stat. tit. 63, § 63-1-915 — OK Code / Title 63 / Section 63-1-915
Bottled water - Plants - Sale or distribution - Permits
Status: in_force

required.

Any person desiring to operate a bottled water plant, or to sell

or distribute bottled water, in Oklahoma shall make application to

the State Commissioner of Health for a permit, and obtain a valid

permit prior to the operation of the bottled water plant or the

distribution and sale of bottled water. Application for such permit

shall be on a form supplied by the Commissioner and shall contain

Oklahoma Statutes - Title 63. Public Health and Safety Page 558

such information as the Commissioner deems necessary to his

determination that the operation of the bottled water plant or sale

of bottled water will in no manner be injurious or hazardous to the

health or safety of the people of the state. Each application for a

permit and permit renewal shall be accompanied by the proper fee in

the amount specified in the following section. The fee paid and

permit issued shall be for the particular bottled water plant to be

operated and shall not be transferred to another person or location.
Okla. Stat. tit. 63, § 63-1-1440.1 — OK Code / Title 63 / Section 63-1-1440.1
Recodified as § 5-4.2 of Title 2 by Laws 2017, c. 85,
Status: in_force

§ 4, eff. Nov. 1, 2017.
Okla. Stat. tit. 63, § 63-3289 — OK Code / Title 63 / Section 63-3289
Resident physicians of Oklahoma State University Center
Status: in_force

for Health Sciences - Payroll, benefits and employment status -

Termination of privileges.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1591

The Oklahoma State University Medical Authority is authorized to

place resident physicians of the Oklahoma State University Center

for Health Sciences on the Oklahoma State University Medical

Authority payroll, and is further authorized to acquire health,

life, and dental insurance for such residents. Such residents shall

not be considered employees of the Authority and shall not be

eligible to participate in the Oklahoma Public Employees Retirement

System. This section shall not preclude the right of the Oklahoma

State University Medical Authority to terminate, for cause, the

practicing privileges of any resident physician within the Oklahoma

State University Medical Authority.
Okla. Stat. tit. 63, § 63-1-1301.33 — OK Code / Title 63 / Section 63-1-1301.33
Labeling and advertising
Status: in_force

A. Mello-drink products shall not be advertised, displayed for

sale or sold in any manner or under any circumstances or conditions

likely to mislead, deceive or confuse the public into believing such

product is a milk product.

B. No wording commonly used or associated with or which may be

associated with the production, sale, advertising, distribution or

marketing of a milk product, whether in liquid, powdered, frozen or

any other form, shall be used with or without additional descriptive

words on any label, package or wrapping of any Mello-drink product

or advertisement thereof, whether such use be by word, sound or

other technique or device. These provisions shall not apply to food

prepared in restaurants or cafeterias.

C. No picture or representation of the animal genus bovine or

any other picture, symbol, mark, design or representation commonly

associated with dairy farming or any other phase of the dairy

industry or associated with the production, sale, advertising,

distribution or marketing of milk products, whether in liquid,

powdered, frozen or any other form, shall be used on any label,

package or wrapping of any Mello-drink product or when advertising

any Mello-drink product.

D. No Mello-drink product shall be advertised or labeled as

pasteurized or homogenized unless the whole finished product has

been pasteurized, homogenized or processed in a licensed

manufacturing plant in accordance with the requirements of this act.

E. The label, package or wrapping of a Mello-drink product shall

contain an accurate and complete listing of the ingredients preceded

by the words "ingredients: vegetable oil beverage consisting of".

The common name of each ingredient shall be listed in order of

decreasing predominance, each accompanied by the percentage it

represents of the whole product. Ingredients which represent less

than one percent (1%) of the whole product shall be preceded by the

words "consisting of less than one percent (1%)". The oil or fat

contained in the product shall be listed by the common name given

its specific type. If artificial coloring or flavoring has been

added, the list of ingredients shall so state.

F. The label, package or wrapping of a Mello-drink product may

contain statements and claims which are reasonable, relevant,

truthful, complete and not deceptive or misleading, provided the

label shall contain no statements or claims regarding milk products,

Oklahoma Statutes - Title 63. Public Health and Safety Page 601

except any necessary factual statement regarding any milk products

which are ingredients of the Mello-drink product. The Department

may require satisfactory proof of the compliance of any statement or

claim with the provisions of this subsection. The Department may

require such disclaimers be placed on the label, package or wrapping

as it determines necessary to avoid confusion and deception of the

public and as are consistent with other provisions of this act.

G. The Board shall by rule or regulation establish the size,

including type size, and the location of all terms, pictures,

symbols, marks, designs or other representations to be placed on the

label, package or wrapping of a Mello-drink product so that the

label, package or wrapping is not likely to mislead, deceive or

confuse the public as to the true nature or character of the

product. In no event shall the product name, Mello-drink, be less

than twice the type size of any other term or representation

contained on the label, package or wrapping. The name Mello-drink

shall be prominently displayed to avoid confusion and no other term

or representation shall appear on the same line or within the

immediate area of the label, package or wrapping as the product

name.
Okla. Stat. tit. 63, § 63-1-2014 — OK Code / Title 63 / Section 63-1-2014
Renumbered as § 2-7-111 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1118 — OK Code / Title 63 / Section 63-1-1118
Food establishment license - Exemptions - Fee-exempt
Status: in_force

license - Sanitation standards.

A. It shall be unlawful for any person to operate or maintain

any establishment, stationary or otherwise, where food or drink is

offered for sale, or sold, to the public, unless the person is the

holder of a food establishment license issued for such purpose by

the State Commissioner of Health or designee. A mobile food vendor

that seeks to operate in a county that is governed by a city-county

health department shall obtain a food establishment license from the

local authority. This food establishment license shall be

recognized by the State Commissioner of Health and all local

authorities as a state food establishment license for purposes of

this title. A food establishment license shall permit the mobile

food vendor to operate in any local authority's jurisdiction upon

the local authority's recognition of the license, the issuance of

any relevant local license, and the vendor's compliance with all

other municipal provisions not in conflict with this act. A food

establishment license shall not be required for:

1. A produce stand that offers only whole, uncut and

unprocessed fresh fruits, melons, vegetables and legumes and/or

whole uncracked and unprocessed nuts;

Oklahoma Statutes - Title 63. Public Health and Safety Page 581

2. A manufacturer, wholesaler or broker of food licensed

pursuant to Section 1-1119 of this title;

3. A kitchen in a private home if only food that does not

require time and temperature control for safety is prepared for sale

or service at a function such as a nonprofit civic, charitable or

religious organization's bake sale;

4. An area where food that is prepared as specified in

paragraph 3 of this subsection is sold or offered for human

consumption;

5. A private home that receives catered or home-delivered food;

6. A hotel licensed pursuant to Section 1-1201 of this title

which provides limited food service in compliance with rules

promulgated by the State Commissioner of Health;

7. A kitchen in a private home or in a bed and breakfast that

prepares and offers food to guests, if the home is owner-occupied,

the number of available guest bedrooms does not exceed four, and

breakfast is the only meal offered;

8. A nonprofit civic, charitable or religious organization

using unpaid individuals to prepare or serve food on its behalf, for

occasional fundraising events sponsored and conducted by the

organization. For the purposes of this paragraph, an "occasional

fundraising event" shall be defined as an event that occurs four

times a year or less;

9. Day care centers or family day care centers, and all other

child care facilities as defined and licensed pursuant to the

provisions of the Oklahoma Child Care Facilities Licensing Act;

10. Nursing facilities and specialized facilities, as defined

in and licensed pursuant to the provisions of the Nursing Home Care

Act, residential care homes as defined by the Residential Care Act,

adult day care centers as defined by the Adult Day Care Act, and

assisted living centers and continuum of care facilities licensed

pursuant to the Continuum of Care and Assisted Living Act;

11. Vendors at farmers markets selling frozen meat that is

either kept refrigerated or on ice; and

12. Other establishments exempted from food establishment

licensure pursuant to state law.

B. Each license shall expire one (1) year following the date of

its issuance. The State Department of Health shall charge and

collect for each such license an annual fee to be fixed by the State

Commissioner of Health by rule or as provided for in this section.

1. The Commissioner may provide by rule for a fee-exempt

license for a food establishment operated by a nonprofit, civic,

charitable or religious organization that uses unpaid persons to

sell or offer food on a more frequent basis than the occasional

fundraising event. A fee-exempt license shall not expire but shall

remain in full force and effect until affirmatively revoked,

Oklahoma Statutes - Title 63. Public Health and Safety Page 582

suspended, annulled or withdrawn by the Department in accordance

with applicable law.

2. The Commissioner may by rule also provide that licenses for

establishments serving events of limited duration or operating on a

seasonal basis shall extend only for the term of the event or

season, and may by rule adjust the fees for such licenses

accordingly.

3. The Commissioner shall provide by rule a three-day license

for vendors who only sell at farmers markets as defined in 310:257-

1-2 of the Oklahoma Administrative Code or at county fairs.

Licenses for vendors who only sell at farmers markets or county

fairs shall not exceed Fifty Dollars ($50.00). Vendors who do not

sell food and vendors who meet the exceptions provided in subsection

A of this section shall not be required to obtain a three-day

license or a food establishment license.

4. The Commissioner shall provide by rule a multiseasonal

license for snow cone stands that sell hot beverages in addition to

snow cones. A snow cone stand that does not sell hot beverages

shall be considered a seasonal food establishment.

C. The State Commissioner of Health shall promulgate reasonable

standards and rules for sanitation of establishments required to be

licensed, which shall include the following: buildings, vehicles,

and appurtenances thereto, including plumbing, ventilation and

lighting; construction, cleanliness and bactericidal treatment of

equipment and utensils; cleanliness, wholesomeness, storage and

refrigeration of food and drink sold or served; cleanliness and

hygiene of personnel; toilet facilities; disposal of waste; water

supply; and other items deemed necessary to safeguard the health,

comfort, and safety of customers.
Okla. Stat. tit. 63, § 63-1-1708 — OK Code / Title 63 / Section 63-1-1708
Malpractice insurance on doctors and nurses in health
Status: in_force

departments - Liability.

The State Commissioner of Health may purchase, with public

funds, insurance to protect the public against malpractice of

doctors and nurses employed by the State Department of Health full

time, and to indemnify such doctors and nurses in connection

therewith; and the director of any county, district or cooperative

department of health may purchase, with public funds, insurance to

protect the public against malpractice of doctors and nurses

employed full time by such department and to indemnify such doctors

and nurses in connection therewith. This section shall not be

construed to make the state or a county, or any of the aforesaid

departments of health, liable for damages resulting from such

malpractice.
Okla. Stat. tit. 63, § 63-3224 — OK Code / Title 63 / Section 63-3224
University Hospitals Trust
Status: in_force

A. The State of Oklahoma expressly approves the creation of a

public trust to be denominated the "University Hospitals Trust", of

which the State of Oklahoma shall be the beneficiary, provided such

approval shall be contingent upon the following conditions being

satisfied:

1. Finalizing of the Declaration of Trust;

2. Adoption of the Declaration of Trust by an official action

of the trustees of the Trust;

3. Submission of the Trust for acceptance of the beneficial

interest and approval as required by Section 177 of Title 60 of the

Oklahoma Statutes; and

4. The approved Declaration of Trust shall:

a. clearly state that the principal purpose of the

University Hospitals Trust is to effectuate the

purposes of the University Hospitals Authority as

established in the University Hospitals Authority Act,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1532

b. except as otherwise provided by law, provide that the

fee simple title to real property held by the

University Hospitals Authority shall not be

transferred, conveyed, or assigned to the University

Hospitals Trust without the express consent of the

Legislature as the governing entity of the beneficiary

pursuant to Section 176 of Title 60 of the Oklahoma

Statutes,

c. provide that any indebtedness incurred by the

University Hospitals Trust or the trustees of the

Trust shall not be secured with or create a lien upon

real property to which title is held by the University

Hospitals Authority and shall not involve the bonding

capacity of the University Hospitals Authority,

d. provide that the trust estate of the University

Hospitals Trust shall not include fee simple title to

real property owned by the University Hospitals

Authority,

e. clearly state that the creation of the University

Hospitals Trust shall not in any way reduce, limit or

interfere with the power granted to the University

Hospitals Authority in the University Hospitals

Authority Act,

f. provide that any lease or contractual agreement

involving use of the real property to which title is

held by the University Hospitals Authority and any

improvements thereto shall contain a provision and

covenants requiring the proper maintenance and upkeep

of the real property and improvements,

g. provide that the trustees of the University Hospitals

Trust shall be the acting members of the University

Hospitals Authority as provided in the University

Hospitals Authority Act, and

h. provide that the trustees of the University Hospitals

Trust shall have the duty to submit an annual report

to the Governor, the President Pro Tempore of the

Senate and the Speaker of the House of

Representatives. The report shall be submitted by

January 1 of each year and shall include an account of

all operations, actions of the Trust, account of all

revenue received and disbursed by the Trust for the

previous fiscal year. The report shall also provide a

complete accounting of how the Trust meets its primary

function of effectuating the purposes of the

University Hospitals Authority, as established in the

University Hospitals Authority Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1533

B. The University Hospitals Trust shall require any agreements

which it enters into with any entity pursuant to Section 3226 of

this title for the operations of facilities leased by the University

Hospitals Authority to the Trust to include, but not be limited to:

1. The inclusion of four of the five members of the Trust as

four of the five members representing the State of Oklahoma as state

appointees to the governing committee created pursuant to a proposed

agreement;

2. Binding arbitration shall not be involved in such agreements

for resolving issues under consideration by the governing committee;

and

3. Major decisions shall be resolved by the governing

committee, and approval of any major decision by the governing

committee must include the approval of a majority of the state

appointees and the approval of a majority of the members of the

private entity appointees to the governing committee. Major

decisions shall include:

a. approval of the annual operating and capital budgets,

b. sale or disposition of assets that individually have a

fair market value over Two Hundred Fifty Thousand

Dollars ($250,000.00),

c. the termination or transfer or material addition or

material diminution of medical services at the

Oklahoma Medical Center related to and part of a

teaching program of the University of Oklahoma Health

Sciences Center, and

d. other major decisions as may be agreed upon by the

Trust and the private entity.

C. To the extent it is determined by legislative enactment that

the Trust has expended funds in contravention of its mission as set

forth in this section, the Trust shall remit, upon thirty (30) days'

written notice from the University Hospitals Authority, such sum or

sums to the University Hospitals Authority.

D. In the event the Trust enters into a joint venture or

acquires an interest in a not-for-profit entity to effectuate the

administration of the mission of the Trust, that entity shall not be

subject to the Oklahoma Open Meeting Act and the Oklahoma Open

Records Act. Any information submitted to or compiled by the Trust

with respect to marketing plans, financial statements, trade

secrets, research concepts, methods or products or any other

proprietary information submitted to or compiled by the Trust,

persons, firms, associations, partnerships, agencies, corporations,

institutions of higher education, nonprofit research institutions or

other entities shall be confidential, except to the extent that the

person or entity which provided such information or which is the

subject of such information consents to disclosure. Executive

sessions may be held to discuss such materials if deemed necessary

Oklahoma Statutes - Title 63. Public Health and Safety Page 1534

by the Trust. The provisions of this subsection shall not apply to

budgetary information related to appropriations or the

appropriations process.

E. In addition to the powers and exemptions granted to state

beneficiary public trusts organized under Section 176 et seq. of

Title 60 of the Oklahoma Statutes, the Trust shall possess all the

statutory powers and exemptions provided to the University Hospitals

Authority.

F. The Trust shall have the authority or may contract with a

joint operator or with a foundation supporting the programs of

Oklahoma Children's Hospital to sell naming rights to property owned

or leased by the Trust, provided proceeds from the sale of naming

rights are used to effectuate the purposes of the University

Hospitals Authority as established in the University Hospitals

Authority Act and are specifically approved by the Trust, which

shall have absolute discretion in granting or denying naming rights.

Naming rights shall not include any interest in the property by the

purchaser other than the naming rights.
Okla. Stat. tit. 63, § 63-683.8 — OK Code / Title 63 / Section 63-683.8
Powers and duties of Governor
Status: in_force

A. The Governor shall have general direction and control of the

Oklahoma Department of Emergency Management and shall be responsible

for carrying out the provisions of the Oklahoma Emergency Management

Act of 2003. In the event of an emergency that exceeds local

capability, the Governor may assume direct operational control over

all or any part of the emergency management functions within this

state.

B. The Governor shall have general direction and control of

emergency management within the state and all officers, boards,

agencies, individual or groups established under the Emergency

Operations Plan. The Governor shall have the authority pursuant to

the Oklahoma Emergency Management Act of 2003 to establish such

offices, boards, agencies or positions as may be necessary to carry

into effect the Emergency Operations Plan.

C. The Governor is authorized to cooperate with the federal

government, with other states and with private agencies in all

matters pertaining to the emergency management of this state and of

the nation.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1225

D. To effect the policy and purpose of the Oklahoma Emergency

Management Act of 2003, the Governor is further authorized and

empowered to:

1. Make, amend and rescind the necessary orders and rules to

carry out the provisions of the Oklahoma Emergency Management Act of

2003 within the limits of authority conferred upon the Governor

herein, with due consideration of the emergency management plans of

the federal government;

2. Cause to be prepared and updated annually a comprehensive

plan and program for emergency management of this state, such plans

and programs to be integrated into and coordinated with the plans of

the federal government and of other states to the fullest possible

extent, and to coordinate the preparation of plans and programs for

emergency management by the political subdivisions of this state;

3. Procure supplies and equipment in accordance with such plans

and programs, institute training programs and public information

programs, take all other preparatory steps including the partial or

full activation of emergency management organizations in advance of

actual disaster, and to ensure the furnishing of adequately trained

and equipped personnel in time of need, during periods of national

emergency or man-made or natural disasters that might occur in this

state, or which develop into emergency situations;

4. On behalf of this state, enter into mutual aid arrangements

with other states and coordinate mutual aid plans between political

subdivisions of this state;

5. Delegate any administrative authority vested in the Governor

pursuant to the Oklahoma Emergency Management Act of 2003, and

provide for subdelegation of any such authority;

6. Confirm the appointment of qualified emergency managers upon

recommendations of local authorities as provided in Section 683.11

of this title;

7. Cooperate with the President of the United States and the

heads of the Armed Forces, the Federal Emergency Management Agency

and other appropriate federal officers and agencies, with the

officers and agencies of other states in matters pertaining to the

emergency management of the state and nation including the direction

and control of:

a. state emergency management activations and exercises,

b. warnings for actual or exercise events and the

equipment to be used in connection therewith,

c. the conduct of civilians and the movement of and

cessation of movement of pedestrians and vehicular

traffic during, prior and subsequent to natural and

man-made disasters and emergencies,

d. public meetings or gatherings, and

e. the evacuation and reception of the civil population;

and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1226

8. Prescribe uniform signals, warnings, alerts, credentials and

insignia.

E. In addition to prevention measures included in the state and

local comprehensive plans and programs for emergency management, the

Governor shall consider on a continuing basis steps that could be

taken to mitigate the harmful consequences of emergencies and

natural disasters. At the Governor’s direction and pursuant to any

other authority specified by law, state agencies including, but not

limited to, those charged with responsibilities in connection with

floodplain management, stream encroachment and flow regulation,

weather modification, fire prevention and control, air quality,

public works, land use and land use planning, and construction

standards, shall make studies of matters related to potential

emergency and man-made or natural disasters or to mitigate emergency

and natural disasters. The Governor, from time to time, shall make

such recommendations to the Legislature, to political subdivisions

and to other appropriate public and private entities as may

facilitate measures for mitigation of the harmful consequences of

emergencies and natural disasters.

F. Pursuant to the Inherent Rights clause in Section 2 of

Article II of the Oklahoma Constitution which states “All persons

have the inherent right to life, liberty, the pursuit of happiness,

and the enjoyment of the gains of their own industry”, during a

pandemic under a declared state of emergency by the Governor or the

President of the United States, the Governor of this state shall not

close or force the closing of any business without documented

scientific evidence that the nature of a particular business

actually contributes to the direct spreading of disease relating to

the pandemic. The Governor shall be required to give notice and

hearing to any business determined to be nonessential or detrimental

to the health and safety of citizens during a pandemic before

issuing an executive order against keeping such business open.
Okla. Stat. tit. 63, § 63-330.58 — OK Code / Title 63 / Section 63-330.58
Renumbered as § 1-1949.4 of this title by Laws 2023, c
Status: in_force

271, § 14, eff. Nov. 1, 2023.
Okla. Stat. tit. 63, § 63-4017 — OK Code / Title 63 / Section 63-4017
Application for registration of motor - Contents -
Status: in_force

Issuance of certificate - Availability and inspection of certificate

and bill of sale.

A. Every owner of an outboard motor in excess of ten (10)

horsepower, when making application for registration, shall furnish

the following information:

1. A full description of the outboard motor including the

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

manufacturer's factory delivered price, and the total delivered

price of said outboard motor;

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

county and state in which the person in whose name the outboard

motor is to be registered resides;

3. The county of location of such outboard motor; and

4. Such other information as may be prescribed by Service

Oklahoma.

B. Upon the filing of a registration application for an

outboard motor and the payment of the fees provided for in the

Oklahoma Vessel and Motor Registration Act, Service Oklahoma shall

issue the owner of the outboard motor a certificate of registration

and a registration decal.

C. The current certificate of registration shall be legible and

available for inspection at all times.

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

certificate of registration and the registration decal, the dealer's

bill of sale shall be available for inspection at all times for the

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

Thereafter, prior to receipt of the certificate of registration and

the registration decal, the official registration receipt from

Service Oklahoma or a licensed operator shall be available for

inspection at all times.
Okla. Stat. tit. 63, § 63-2802 — OK Code / Title 63 / Section 63-2802
Definitions
Status: in_force

As used in this act:

1. "Authority" means the Oklahoma 9-1-1 Management Authority;

2. "Basic system" means a telephone service which automatically

connects a person dialing the primary emergency telephone number to

an established public safety answering point through normal

telephone service facilities;

3. "Direct dispatch method" means a method whereby a call over

a basic or sophisticated system is connected to a centralized

dispatch center providing for the dispatching of an appropriate

emergency service unit upon receipt of a telephone request for such

services and a decision as to the proper action to be taken;

4. "Methods", as used in paragraphs 3, 8, 9 and 11 of this

section, means the procedures to be followed by the public agency or

public safety agency affected by such paragraphs;

5. "Primary emergency telephone number" means the digits nine-

one-one (911);

6. "Public agency" means any agency or political subdivision of

the state which provides or has authority to provide fire fighting,

police, ambulance, medical or other emergency services;

7. "Public safety agency" means a functional division of a

public agency which provides fire fighting, police, medical or other

emergency services;

8. "Referral method" means a method whereby a call over a basic

or sophisticated system results in providing the requesting party

with the telephone number of the appropriate public safety agency or

other provider of emergency services;

9. "Relay method" means a method whereby a call over a basic or

sophisticated system results in pertinent information being noted by

the recipient of a telephone request for emergency services and is

relayed to appropriate public safety agencies or other providers of

emergency services for dispatch of an emergency service unit;

10. "Sophisticated system" means a basic system with the

additional capability of automatic identification of the caller's

number, holding the incoming call, reconnection on the same

telephone line, clearing a telephone line or automatic call routing

or combinations of such capabilities; and

11. "Transfer method" means a method whereby a call over a

basic or sophisticated system is received and directly transferred

to an appropriate public safety agency or other provider of

emergency services.
Okla. Stat. tit. 63, § 63-1-2410 — OK Code / Title 63 / Section 63-1-2410
Renumbered as § 2-10-1110 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 815
Okla. Stat. tit. 63, § 63-1-910 — OK Code / Title 63 / Section 63-1-910
Renumbered as § 2-6-403 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-729.5 — OK Code / Title 63 / Section 63-1-729.5
Immunity from civil action
Status: in_force

No pregnant female who obtains or possesses RU-486

(mifepristone) or any other drug or chemical for the purpose of

performing or inducing an abortion to terminate her own pregnancy

shall be subject to any action brought under Section 3 of this act.
Okla. Stat. tit. 63, § 63-1-510 — OK Code / Title 63 / Section 63-1-510
Required eye treatment of infant - Exemption
Status: in_force

A. It shall be the duty of any physician, midwife, or other

person attendant upon the birth of a newborn infant to ensure

treatment of the eyes of the infant with a prophylactic ophthalmic

agent as recommended by the Centers for Disease Control and

Prevention as prophylaxis against ophthalmia neonatorum.

B. Nothing in this section shall be construed to prohibit a

parent or legal guardian of a newborn infant from refusing

prophylactic treatment on religious grounds or when such person

deems that it is in the best interest of the child. If the parent

or legal guardian of the newborn infant refuses the prophylactic

treatment, the health care provider shall document the refusal in

the medical file of the newborn infant.

C. The State Board of Health shall promulgate rules as

necessary to implement the provisions of this section.
Okla. Stat. tit. 63, § 63-3131.1 — OK Code / Title 63 / Section 63-3131.1
Short title
Status: in_force

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

Not-Resuscitate Act".
Okla. Stat. tit. 63, § 63-2863 — OK Code / Title 63 / Section 63-2863
Oklahoma 9-1-1 Management Authority – Creation - Members
Status: in_force

A. There is hereby created the Oklahoma 9-1-1 Management

Authority which shall be the governing board overseeing the

development and regulation of 9-1-1 emergency systems in this state

and managing the distribution of all 9-1-1 telephone fees collected

pursuant to the provisions of Section 2865 of this title.

B. The Authority shall be composed of the following members:

1. One member representing a tribal authority that operates a

9-1-1 system to be appointed by the President Pro Tempore of the

Senate;

2. One member representing a statewide organization dedicated

to public safety to be appointed by the President Pro Tempore of the

Senate;

3. One member representing a statewide organization dedicated

to career development for emergency number professionals to be

appointed by the Governor;

4. One member representing a statewide organization dedicated

to representing Oklahoma municipalities to be appointed by the

Speaker of the House of Representatives;

5. One member representing a statewide organization

representing Oklahoma county commissioners to be appointed by the

Governor;

6. One member representing a statewide association of regional

councils of government to be appointed by the President Pro Tempore

of the Senate;

7. The Chief Information Officer for the state, or designee;

8. One member representing a substate planning district to be

appointed by the Governor;

9. Two members each representing a municipal government

operating a 9-1-1 system and having a population of less than one

hundred thousand (100,000), one to be appointed by the Speaker of

the House of Representatives, and one to be appointed by the

Governor;

10. One member representing a municipal government operating a

9-1-1 system and having a population of more than one hundred

Oklahoma Statutes - Title 63. Public Health and Safety Page 1431

thousand (100,000) but less than four hundred fifty thousand

(450,000) to be appointed by the Governor;

11. One member representing a municipal government operating a

9-1-1 system and having a population of more than four hundred fifty

thousand (450,000) to be appointed by the Speaker of the House of

Representatives;

12. One member representing an organization created by an

interlocal agreement for the purpose of sharing public safety

answering point duties and whose members are municipal governments

with a population of less than four hundred fifty thousand (450,000)

to be appointed by the Governor;

13. One member representing an organization created by an

interlocal agreement for the purpose of sharing public safety

answering point duties and whose members are municipal governments

with a population of more than four hundred fifty thousand (450,000)

to be appointed by the President Pro Tempore of the Senate;

14. One member who is a 9-1-1 coordinator for a county with a

population of less than twenty thousand (20,000) to be appointed by

the Speaker of the House of Representatives;

15. One member who is a 9-1-1 coordinator for a county with a

population of more than twenty thousand (20,000) to be appointed by

the President Pro Tempore of the Senate;

16. One member who is a 9-1-1 coordinator for a county to be

appointed by the Governor; and

17. The Oklahoma Secretary of Public Safety or designee.

C. There shall be five (5) nonvoting 9-1-1 industry members.

Nonvoting members are not required for a quorum. Nonvoting members

shall not be included in executive sessions. The nonvoting members

shall be made up of the following:

1. One member representing a local exchange telecommunications

service provider which serves less than fifty thousand (50,000)

access lines in the state or a telephone cooperative, to be

appointed by the President Pro Tempore of the Senate;

2. One member representing a local exchange telecommunications

service provider which serves more than fifty thousand (50,000)

access lines in the state, to be appointed by the Speaker of the

House of Representatives;

3. One member representing a Tier I wireless carrier, as

defined by the Federal Communications Commission, to be appointed by

the Speaker of the House of Representatives;

4. One member representing a Tier III wireless carrier, as

defined by the Federal Communications Commission, to be appointed by

the President Pro Tempore of the Senate; and

5. One member representing the telephone industry, to be

appointed by the President Pro Tempore of the Senate.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1432

D. Members shall serve at the pleasure of their appointing

authority and vacancies shall be filled by the original appointing

authority.

E. Members shall receive no compensation for serving on the

Authority.

F. The Authority shall be subject to the Oklahoma Open Records

Act and the Oklahoma Open Meeting Act.

G. The members of the Oklahoma 9-1-1 Management Authority shall

be reimbursed for mileage or actual travel expense, whichever is

less, to attend regular and special meetings when the travel exceeds

fifty (50) miles from their home or business, whichever is closer to

the meeting location.

H. The Oklahoma Department of Emergency Management and Homeland

Security shall provide administrative, fiscal and staff support for

the Authority. Expenses related to the provision of such services

may be paid from funds available in the Oklahoma 9-1-1 Management

Authority Revolving Fund created in Section 2869 of this title, upon

approval by a majority of the members of the Authority.

I. Members serving on the Statewide Nine-One-One Advisory Board

appointed pursuant to Section 2847 of this title on November 1,

2016, shall continue serving as members of the Oklahoma 9-1-1

Management Authority unless replaced by their appointing authority.
Okla. Stat. tit. 63, § 63-1-2512 — OK Code / Title 63 / Section 63-1-2512
Rules
Status: in_force

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

recommendations of the Trauma and Emergency Response Advisory

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

to enact the provisions of the Oklahoma Emergency Response Systems

Development Act.

B. Such rules shall specify which vehicles of licensed

ambulance service providers shall be considered authorized emergency

vehicles pursuant to the provisions of Section 1-103 of Title 47 of

the Oklahoma Statutes. The rules shall provide that vehicles

transporting licensed ambulance service personnel or life saving

equipment that meet all other specifications required by the Board

shall be considered authorized emergency vehicles.
Okla. Stat. tit. 63, § 63-3091.5 — OK Code / Title 63 / Section 63-3091.5
Patient access – Counseling, advice or recommendations
Status: in_force

An official, employee or agent of this state shall not block or

attempt to block an eligible patient's access to an investigational

drug, biological product or device. Counseling, advice or a

Oklahoma Statutes - Title 63. Public Health and Safety Page 1458

recommendation consistent with medical standards of care from a

licensed health care provider is not a violation of this section.
Okla. Stat. tit. 63, § 63-1-1432.5 — OK Code / Title 63 / Section 63-1-1432.5
Violations - Penalties
Status: in_force

A. The owner or manager of a vendor who violates any of the

provisions of Section 3 or 4 of this act shall be punished by an

administrative penalty of not more than Five Hundred Dollars

($500.00) for a first offense and not more than One Thousand Dollars

($1,000.00) for a second offense. Upon a third offense, the vendor

shall be prohibited from selling kratom products for a period of

three (3) years. If the State Department of Health receives a

complaint that the owner or manager of a vendor is selling kratom

products during the period of suspension, then the State Department

of Health shall forward the information to the applicable district

attorney's office. If the owner or manager of a vendor commits such

violation during the three-year period, the person shall, upon

conviction, be guilty of a misdemeanor punishable by imprisonment in

a county jail for a term of not more than one (1) year, or by a fine

of not more than Two Thousand Dollars ($2,000.00), or by both such

fine and imprisonment.

B. A person aggrieved by a violation of Section 3 or 4 of this

act may bring a cause of action in a court of competent jurisdiction

Oklahoma Statutes - Title 63. Public Health and Safety Page 622

for damages resulting from that violation including, but not limited

to, economic, noneconomic or consequential damages.

C. A vendor does not violate the provisions of Section 3 or 4

of this act if the court finds by a preponderance of the evidence

that the vendor relied in good faith on the representation of a

manufacturer, processor, packager or distributor that the food

product or dietary ingredient was a kratom product.
Okla. Stat. tit. 63, § 63-1-450 — OK Code / Title 63 / Section 63-1-450
Oklahoma Plan for Comprehensive Treatment of Chronic
Status: in_force

Obstructive Pulmonary Disease Act.

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

Plan for Comprehensive Treatment of Chronic Obstructive Pulmonary

Disease Act”.

Oklahoma Statutes - Title 63. Public Health and Safety Page 207

B. The State Department of Health shall create a comprehensive

chronic obstructive pulmonary disease (COPD) state plan that

outlines sustainable solutions for reducing the burden of COPD in

Oklahoma through the coordinated implementation of multiple

strategies. The Department may utilize existing plans developed by

advocacy organizations as a cost-saving means of developing such

strategies. These strategies shall include, without limitation,

recommendations for:

1. The prevention and early detection of COPD to reduce the

incidence of disease;

2. The treatment and management of COPD to ensure that health

care providers offer state-of-the-art care;

3. Increasing public awareness, patient education and proper

medical management of COPD among the general public and those living

with COPD; and

4. Improving COPD outcomes in Oklahoma through increases in

COPD funding and resources as well as ongoing effective advocacy by

government leaders and people with COPD.
Okla. Stat. tit. 63, § 63-485.5 — OK Code / Title 63 / Section 63-485.5
Members of Commission - Appointment - Term - Travel
Status: in_force

expenses.

The Oklahoma Cerebral Palsy Commission shall be composed of five

(5) members who shall serve without compensation. The three members

of the Commission serving on the Commission on June 30, 2004, shall

serve the remainder of their respective terms. Beginning July 1,

2004, the Governor of the State of Oklahoma shall appoint to the

Commission two additional members who shall be chosen from a list of

ten persons submitted to the Governor by the Grande Voiture of

Oklahoma of La Societe des Quarante Hommes et Huit Chevaux. One new

member shall be appointed for a two-year term and one new member for

a three-year term on the Commission. Thereafter, any member who

takes the place of a member whose term is expiring shall be

appointed to a three-year term in the same manner and from a list to

be submitted as provided in this section for the original Commission

pursuant to this section. Each member of the Commission shall be

entitled to be reimbursed for necessary travel expenses pursuant to

the State Travel Reimbursement Act.
Okla. Stat. tit. 63, § 63-1-290.1 — OK Code / Title 63 / Section 63-1-290.1
Definitions
Status: in_force

As used in the Public Health Delivery Act:

1. “Public health services” means services provided by city-

county health departments, county health departments, and the State

Department of Health pertaining to chronic disease screening,

immunizations, maternal and child health services, prevention and

control of communicable, contagious or infectious diseases, and

services in cooperation with the federal government or any

department or agency thereof, and with other states, on matters

pertaining to public health; and

2. “Physician-approved protocol” means a protocol such as

standing orders that describe the parameters of specified situations

under which a registered nurse may act to deliver public health

services for a client who is presenting with symptoms or needs

addressed in the protocol.
Okla. Stat. tit. 63, § 63-1-1802 — OK Code / Title 63 / Section 63-1-1802
Renumbered as § 2-5-102 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-502 — OK Code / Title 63 / Section 63-1-502
Rules and regulations
Status: in_force

(a) The State Board of Health shall have authority to adopt such

rules and regulations, not inconsistent with law, as it deems

necessary to aid in the prevention and control of communicable

disease, which may be on the following matters: Recommended

immunization procedures; quarantine measures; exclusion of children

from school; regulation of public meetings and gatherings in

epidemic situations; regulation of vectors; control of vehicles

Oklahoma Statutes - Title 63. Public Health and Safety Page 208

capable of transmitting a communicable disease; detection and

diagnosis of communicable disease; carriers of disease; disposal of

infected body wastes and other materials; fumigation, cleaning and

sterilization, and disinfection; and other necessary measures to

prevent and control communicable disease.

(b) The State Board of Health is authorized to establish

preventive programs for noncommunicable diseases and to promulgate

rules and regulations for the control of causative or toxic

substances which can or may cause disease.
Okla. Stat. tit. 63, § 63-1-728d — OK Code / Title 63 / Section 63-1-728d
No requirement to admit patients - Employee refusal to
Status: in_force

participate and immunity.

A. No health care facility is required to admit any patient or

to allow the use of the health care facility for the purpose of

performing any of the acts specified in Section 3 of this act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 296

B. A physician, physician's assistant, registered nurse,

practical nurse, pharmacist, or any employee thereof, or any other

person who is an employee of, member of, or associated with the

staff of a health care facility in which the performance of an

activity specified in Section 3 of this act has been authorized, who

in writing, refuses or states an intention to refuse to participate

in the activity on moral or religious grounds shall not be required

to participate in the activity and shall not be disciplined by the

respective licensing board or authorized regulatory department for

refusing or stating an intention to refuse to participate in the

practice with respect to the activity.

C. A physician, physician's assistant, registered nurse,

practical nurse, pharmacist, or any employee thereof, or any other

person who is an employee of, member of, or associated with the

staff of a health care facility is immune from liability for any

damage caused by the refusal of the person to participate in an

activity specified in Section 3 of this act on moral or religious

grounds.
Okla. Stat. tit. 63, § 63-1-866.3 — OK Code / Title 63 / Section 63-1-866.3
Referral agency restrictions
Status: in_force

A referral agency shall not:

Oklahoma Statutes - Title 63. Public Health and Safety Page 531

1. Refer a consumer to an assisted living center or continuum

of care facility in which the referral agency has an ownership,

management, or financial interest excluding a de minimis interest,

such as a direct or indirect ownership of less than one percent (1%)

of an assisted living center or continuum of care facility;

2. Hold a power of attorney or hold property in any capacity

for a consumer or for whom a referral is made;

3. Refer a consumer to an assisted living center or continuum

of care facility that, to the referral agency's knowledge, is

unlicensed and is not exempt from licensing under applicable law;

4. Collect a fee for a consumer transferring from one location

of an assisted living center or continuum of care facility to

another location of the same assisted living center or continuum of

care facility unless the consumer has engaged the referral agency to

help facilitate the transfer to a new location and the consumer has

been provided with more than one referral; or

5. Collect a fee for a referral after the expiration of the

referral according to the contract between the referral agency and

the assisted living center or continuum of care facility.
Okla. Stat. tit. 63, § 63-4209.4v1 — OK Code / Title 63 / Section 63-4209.4v1
Altering or forging certificate of title or
Status: in_force

assignment thereof - Penalties.

Any person who shall alter or forge, or cause to be altered or

forged, any certificate of title issued by the Oklahoma Tax

Commission or Service Oklahoma, pursuant to the provisions of this

title, or any assignment thereof, or who shall hold or use any such

certificate or assignment, knowing the same to have been altered or

forged, upon conviction, shall be guilty of a felony and shall be

punished by a fine of not less than Fifty Dollars ($50.00), and not

more than Five Thousand Dollars ($5,000.00), or by imprisonment in

the State Penitentiary for a period of not less than one (1) year,

nor more than ten (10) years, or by both such fine and imprisonment,

at the discretion of the court.
Okla. Stat. tit. 63, § 63-1-738.15 — OK Code / Title 63 / Section 63-1-738.15
Failure to comply with Act or issue public report -
Status: in_force

Civil liability.

A. Any person upon whom an abortion has been performed without

the Unborn Child Pain Awareness/Prevention Act having been complied

with, the father of the unborn child who was the subject of such an

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

action against the person who performed the abortion in knowing or

reckless violation of the Unborn Child Pain Awareness/Prevention Act

for actual and punitive damages. Any person upon whom an abortion

has been attempted without the Unborn Child Pain

Awareness/Prevention Act having been complied with may maintain an

action against the person who attempted to perform the abortion in

knowing or reckless violation of the Unborn Child Pain

Awareness/Prevention Act for actual and punitive damages.

B. If the Department fails to issue the public report required

by the Statistical Reporting of Abortion Act of Oklahoma, an action

pursuant to Title 12 of the Oklahoma Statutes may be initiated.
Okla. Stat. tit. 63, § 63-2071 — OK Code / Title 63 / Section 63-2071
Declaration - definition
Status: in_force

Family planning services are declared to be essential to the

health and welfare of the citizens of Oklahoma. The term "family

Oklahoma Statutes - Title 63. Public Health and Safety Page 1341

planning" as used herein shall encompass the spacing of children and

infertility or sterility in husbands and/or wives.
Okla. Stat. tit. 63, § 63-1-532.1 — OK Code / Title 63 / Section 63-1-532.1
Minor's consent to examination and treatment for
Status: in_force

sexually transmitted infections.

Any person, regardless of age, has the capacity to consent to

examination and treatment by a health care provider for any sexually

transmitted infection (STI).
Okla. Stat. tit. 63, § 63-3129 — OK Code / Title 63 / Section 63-3129
Short title – Lily's Law - Written policy for disposition
Status: in_force

of remains of a child.

A. This section shall be known and may be cited as “Lily’s

Law”.

B. As used in this section:

1. “Birthing center” has the same meaning as provided by

Section 1-701 of this title;

2. “Fetal death” means:

a. spontaneous death prior to the complete expulsion or

extraction from its mother of an unborn child,

irrespective of gestational age. The death is

indicated by the fact that, after such expulsion or

extraction, the unborn child does not breathe or show

Oklahoma Statutes - Title 63. Public Health and Safety Page 1498

any other evidence of life such as beating of the

heart, pulsation of the umbilical cord or definite

movement of voluntary muscles,

b. death that occurs as the result of accidental trauma

or a criminal assault on the pregnant female or her

unborn child, irrespective of gestational age, or

c. death that occurs, irrespective of gestational age,

from the use or prescription of any instrument,

medicine, drug or any other substance or device to

remove an ectopic pregnancy; and

3. “Stillbirth” shall have the same meaning as provided by

subparagraph a of paragraph 1 of this subsection.

C. Every licensed hospital, birthing center, or licensed

medical facility in this state shall maintain a written policy for

the disposition of the remains of a child from a stillbirth or fetal

death event at such hospital, birthing center or medical facility.

A parent of the child shall have the right to direct the disposition

of the remains, except that disposition may be made by the hospital,

birthing center or medical facility if no direction is given by a

parent within fourteen (14) days following the delivery of the

remains. The policy and the disposition shall comply with all

applicable provisions of state and federal law. Upon the delivery

of a child from a stillbirth or a fetal death event, the hospital,

birthing center or medical facility shall notify at least one (1)

parent of the parents’ right to direct the disposition of the

remains of the child and shall provide at least (1) one parent with

a copy of its policy with respect to disposition.

D. Except as otherwise provided by law, nothing in this section

shall be interpreted to prohibit any hospital, birthing center or

medical facility from providing additional notification and

assistance to the parent of a child delivered as a stillbirth or a

fetal death event at the hospital, birthing center or medical

facility relating to the disposition of the remains of the child.
Okla. Stat. tit. 63, § 63-1-229.27 — OK Code / Title 63 / Section 63-1-229.27
Short title - Prevention of Youth Access to Alocholic
Status: in_force

Beverages and Low-Point Beer Act.

Sections 59 through 64 of this act shall be known and may be

cited as the "Prevention of Youth Access to Alcoholic Beverages and

Low-Point Beer Act".
Okla. Stat. tit. 63, § 63-1-737.15 — OK Code / Title 63 / Section 63-1-737.15
Limitations of act
Status: in_force

Nothing in the Oklahoma Unborn Child Protection from

Dismemberment Abortion Act shall be construed as creating or

recognizing a right to abortion, nor a right to a particular method

of abortion.
Okla. Stat. tit. 63, § 63-4208 — OK Code / Title 63 / Section 63-4208
Noise control equipment and noise levels
Status: in_force

A. No person shall operate upon the waters of this state any

vessel or motor which is not equipped with a muffler or muffler

system in good working order. The use of cutouts, removal of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1663

mufflers or muffler baffles, cutting or punching of holes in

mufflers or otherwise modifying the original muffler or muffling

system installed by the manufacturer or any subsequent muffler or

muffling system so as to increase or modify the noise level is

prohibited. This section shall not apply to vessels in the act of

participating in a sanctioned event.

B. No person shall authorize, cause or permit unnecessary

sounding of any whistle, horn, bell, siren or other sound-producing

device on a vessel while such vessel is within any harbor limits or

in areas of congested vessel traffic.
Okla. Stat. tit. 63, § 63-686.2 — OK Code / Title 63 / Section 63-686.2
Declarations
Status: in_force

The Legislature declares:

1. Because of existing possibilities of natural or man-made

disasters or emergencies of unprecedented destructiveness, which may

result in the death or inability to act of a large proportion of the

membership of the Legislature; and

2. Because to conform in time of emergency or disaster to

existing legal requirements pertaining to the Legislature would be

impracticable, and would jeopardize continuity of operation of a

legally constituted Legislature; it is therefore necessary to adopt

special provisions as hereinafter set out for the effective

operation of the Legislature during natural or man-made disasters or

emergencies.
Okla. Stat. tit. 63, § 63-1-866.2 — OK Code / Title 63 / Section 63-1-866.2
Referral agency — Disclosure statement
Status: in_force

A. At the time of the referral, a referral agency shall

disclose the following to the consumer:

1. A description of the referral agency's service;

2. A statement on whether the consumer or the assisted living

center or continuum of care facility to which the consumer is

referred is responsible for paying the referral fee; and

3. A statement that the consumer may, without cause or penalty,

stop using the referral agency. The referral agency shall

communicate this decision by the consumer to all assisted living

centers or continuum of care facilities to which the consumer has

been referred upon being notified by the consumer that they plan to

stop using the referral agency. Notification by a consumer shall

not affect the contractual agreement between the referral agency and

the assisted living center or continuum of care facilities.

B. The referral agency shall make the disclosure statement

available to a consumer in a clear and conspicuous written physical

or electronic document.

C. The referral agency shall take into account the consumers'

preferences in selecting the assisted living center or continuum of

care facility to which it refers the consumer and cost shall not be

used as the sole factor in that selection.

D. An assisted living center or continuum of care facility

shall not be required to contract with or do business with a

referral agency.
Okla. Stat. tit. 63, § 63-1-1409 — OK Code / Title 63 / Section 63-1-1409
Misbranding of drugs and devices
Status: in_force

A drug or device shall be deemed to be misbranded:

(a) if its labeling is false or misleading in any particular.

(b) if in package form unless it bears a label containing:

(1) the name and place of business of the

manufacturer of any prescription drug or device and the packer or

distributor; and the name and place of business of the manufacturer,

packer or distributor of any nonprescription drug or device.

Manufacturer, as used herein, shall mean the person or firm which

has mixed, tableted, encapsulated or otherwise prepared the drug in

the form in which it is offered for sale to pharmacies.

(2) an accurate statement of the quantity of the

contents in terms of weight, measure or numerical count; provided

that under this clause reasonable variations shall be permitted, and

exemptions as to small packages shall be established, by regulations

prescribed by the State Board of Health.

(c) if any word, statement, or other information required by or

under authority of this article to appear on the label or labeling

is not prominently placed thereon with such conspicuousness (as

compared with other words, statements, designs or devices, in the

labeling) and in such terms as to render it likely to be read and

understood by the ordinary individual under customary conditions of

purchase and use.

(d) if it is for use by man and contains any quantity of the

narcotic or hypnotic substance alpha-eucaine, barbituric acid,

betaeucaine, bromal, cannabis, carbromal, chloral, coca, cocaine,

codeine, heroin, marihuana, morphine, opium, paraldehyde, peyote, or

sulphonmethane; or any chemical derivative of such substance, which

derivative has been by the State Commissioner of Health, after

investigation, found to be, and by regulations under this article

designated as, habit forming, unless its label bears the name and

quantity or proportion of such substance or derivative and in

juxtaposition therewith the statement "Warning-May Be Habit

Forming."

(e) if it is a drug and is not designated solely by a name

recognized in an official compendium unless its label bears:

(1) the common or usual name of the drug, if such

there be; and

(2) in case it is fabricated from two or more

ingredients, the common or usual name of each active ingredient,

including the kind, quantity and proportion of any alcohol, and also

including, whether active or not, the name and quantity or

proportion of any bromides, ether, chloroform, acetanilid,

acetphenetidin, antipyrine, atropine, hyoscine, hyoscyamine, arsenic

Oklahoma Statutes - Title 63. Public Health and Safety Page 613

digitalis, digitalis glucosides, mercury, ouabain, strophanthin,

strychnine, thyroid, or any derivative or preparation of any such

substances, contained therein; provided, that to the extent that

compliance with the requirements of this clause is impracticable,

exemptions shall be established by regulations promulgated by the

Board.

(f) unless its labeling bears:

(1) adequate directions for use, and

(2) such adequate warnings against use in those

pathological conditions or by children where its use may be

dangerous to health, or against unsafe dosage or methods or duration

of administration or application, in such manner and form, as are

necessary for the protection of users; provided, that where any

requirement of clause (1) of this paragraph, as applied to any drug

or device, is not necessary for the protection of the public health,

the Board shall promulgate regulations exempting such drug or device

from such requirements.

(g) if it purports to be a drug the name of which is recognized

in an official compendium, unless it is packaged and labeled as

prescribed therein; provided, that the method of packing may be

modified with the consent of the Board. Whenever a drug is

recognized in both the United States Pharmacopoeia, and the

Homeopathic Pharmacopoeia of the United States, it shall be subject

to requirements of the United States Pharmacopoeia with respect to

packaging and labeling unless it is labeled and offered for sale as

a homeopathic drug, in which case it shall be subject to the

provisions of the Homeopathic Pharmacopoeia of the United States,

and not to those of the United States Pharmacopoeia.

(h) if it has been found by the Commissioner to be a drug

liable to deterioration, unless it is packaged in such form and

manner, and its label bears a statement of such precautions, as the

Board shall by regulations require as necessary for the protection

of public health. No such regulation shall be established for any

drug recognized in an official compendium until the Commissioner

shall have informed the appropriate body charged with the revision

of such compendium of the need for such packaging or labeling

requirements and such body shall have failed within a reasonable

time to prescribe such requirement.

(i) if it is a drug and its container is so made, formed, or

filled as to be misleading; if it is an imitation of another drug;

or if it is offered for sale under the name of another drug.

(j) if it is dangerous to health when used in the dosage or

with the frequency or duration prescribed, recommended, or suggested

in the labeling thereof.

(k) if it is a drug intended for use by man which:

(1) is a habit-forming drug to which paragraph (d)

of this section applies; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 614

(2) because of its toxicity or other potentiality

for harmful effect, or the method of use, or the collateral measures

necessary to its use, is not safe for use except under the

supervision of a physician, dentist or veterinarian; or

(3) is limited by an effective application under

Section 505 of the Federal Act to use under professional supervision

by a physician, dentist or veterinarian, unless it is dispensed

only:

(i) upon a written prescription of a physician,

dentist or veterinarian, or

(ii) upon the oral prescription of a physician,

dentist or veterinarian which is reduced promptly to writing and

filed by the pharmacist, or

(iii) by refilling any such written or oral

prescription if such refilling is authorized by the prescriber

either in the original prescription or by oral order which is

promptly reduced to writing and filed by the pharmacist; provided,

that any drug dispensed by filling or refilling a written or oral

prescription of a physician, dentist, or veterinarian shall be

exempt from the requirements of this section, except paragraphs (a)

and (i), if the drug bears a label containing the name and address

of the dispenser, the serial number and date of the prescription or

its filling, the name of the prescriber, and, if stated in the

prescription, the name of the patient, and the directions for use

and cautionary statements, if any, contained in such prescription.

This exemption shall not apply to any drug dispensed in the course

of the conduct of a business of dispensing drugs, pursuant to

diagnosis by mail.

(1) if the packaging, name or appearance of a prescription

drug product is deceptively similar to or would cause unnecessary

confusion with competitive, chemically-similar drug products which

have a previously established or substantial position in the

marketplace.
Okla. Stat. tit. 63, § 63-3241.2 — OK Code / Title 63 / Section 63-3241.2
Definitions
Status: in_force

As used in the Supplemental Hospital Offset Payment Program Act:

1. "Authority" means the Oklahoma Health Care Authority;

2. "Base year" means a hospital's fiscal year as reported in

the Medicare Cost Report or as determined by the Authority if the

hospital's data is not included in the Medicare Cost Report. The

base year data shall be used in all assessment calculations;

3. "Contracted entity" has the same meaning as provided by

Section 2 of Enrolled Senate Bill No. 1337 of the 2nd Session of the

58th Oklahoma Legislature;

4. "Directed payments" means payment arrangements allowed under

42 C.F.R. Section 438.6(c) that permit states to direct specific

payments made by managed care plans to providers under certain

circumstances and can assist states in furthering the goals and

priorities of their Medicaid programs;

5. "Eligible hospital" means a hospital physically located in

this state that is eligible to participate in the Supplemental

Hospital Offset Payment Program and not otherwise exempt pursuant to

subsection B of Section 3241.3 of this title;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1544

6. "Hospital" means an institution licensed by the State

Department of Health as a hospital pursuant to Section 1-701 of this

title maintained primarily for the diagnosis, treatment, or care of

patients;

7. "Hospital Advisory Committee" or "Committee" means the

Committee established to advise the Oklahoma Health Care Authority

regarding the design and implementation of the Supplemental Hospital

Offset Payment Program. The Committee shall be composed of five (5)

members chosen from a list of recommendations submitted by a

statewide association representing rural and urban hospitals, as

follows:

a. one member, appointed by the Governor, who shall serve

as chair, and

b. two members appointed each by the President Pro

Tempore of the Senate and the Speaker of the House of

Representatives.

The Committee shall meet no less than annually and shall be

consulted by the Authority at least thirty (30) days prior to

submission of any proposed state plan amendment or proposed directed

payment application and prior to adoption of any administrative rule

that may affect either the assessments or hospital access payments

authorized by this act;

8. "Managed care gap" means the difference between:

a. the maximum amount that can be paid for hospital

inpatient and outpatient services to Medicaid managed

care enrollees, and

b. the total amount of Medicaid managed care base rate

claims payments for hospital inpatient and outpatient

services.

In calculating the managed care gap, the Authority shall use a

ninety percent (90%) average commercial rates benchmark for

determining the maximum amount that will be paid for hospital

inpatient and outpatient services, subject to approval by the

federal Centers for Medicare and Medicaid Services. The Authority

may make the calculation in this paragraph using good-faith

reasonable estimates if complete data does not exist or is not

available;

9. "Medicaid" means the medical assistance program established

in Title XIX of the federal Social Security Act and administered in

this state by the Oklahoma Health Care Authority;

10. "Medicare Cost Report" means the Hospital Cost Report, Form

CMS-2552-10, or subsequent versions;

11. "Net hospital patient revenue" means the gross hospital

revenue as reported on Worksheet G-2 (Columns 1 and 2, Lines "Total

inpatient routine care services", "Ancillary services", and

"Outpatient services") of the Medicare Cost Report, multiplied by

the hospital's ratio of total net to gross revenue, as reported on

Oklahoma Statutes - Title 63. Public Health and Safety Page 1545

Worksheet G-3 (Column 1, Line "Net patient revenues") and Worksheet

G-2 (Part I, Column 3, Line "Total patient revenues");

12. "Upper payment limit" means the maximum ceiling imposed by

42 C.F.R., Sections 447.272 and 447.321 on hospital Medicaid fee-

for-service reimbursements for inpatient and outpatient services,

other than to hospitals owned or operated by state government; and

13. "Upper payment limit gap" means the difference between the

upper payment limit and Medicaid fee-for-service payments made to

all hospitals for hospital inpatient and outpatient services, other

than hospitals owned or operated by state government.
Okla. Stat. tit. 63, § 63-2167.1 — OK Code / Title 63 / Section 63-2167.1
Test for detection of antibodies to human T-
Status: in_force

lymphotropic virus type III - Notification of donors.

Each blood service system shall have a test to detect the

presence of antibodies to the human T-lymphotropic virus type III.

Such test shall be performed on each donation of blood prior to the

use, disposal, distribution, or exchange of such blood. If

antibodies to the human T-lymphotropic virus type III are found to

be present in such blood donation, the blood shall not be used for

any blood transfusion. The donor of any blood donation containing

antibodies to the human T-lymphotropic virus type III shall be

notified of such results upon completion of specific confirmatory

testing by the blood service system that took the donation. The

notification shall be made in a manner consistent with donor

confidentiality.
Okla. Stat. tit. 63, § 63-5053.5 — OK Code / Title 63 / Section 63-5053.5
Prohibition of certain individual actions - Dismissal - Liability for expenses or fees -
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 59Liability for expenses or fees - Relief following adverse acts -

Statute of limitations.

A. In no event may a person bring an action under subsection B

of Section 5053.2 of this title which is based upon allegations or

transactions which are the subject of a civil suit or an

administrative civil money penalty proceeding in which the state is

already a party.

B. The court shall dismiss an action or claim under this

section, unless opposed by the state, if substantially the same

allegations or transactions as alleged in the action or claim were

publicly disclosed in a criminal, civil or administrative hearing,

in which the state or its agent is a party, in a legislative, or

State Auditor and Inspector report, hearing, audit or investigation,

or from the news media, unless the action is brought by the Attorney

General or the person bringing the action is an original source of

the information. For purposes of this subsection, "original source"

means an individual who either:

1. Prior to a public disclosure under subsection B of this

section, has voluntarily disclosed to the state the information on

which allegations or transactions in a claim are based; or

2. Has knowledge that is independent of and materially adds to

the publicly disclosed allegations or transactions, and who has

voluntarily provided the information to the state before filing an

action under the Oklahoma Medicaid False Claims Act.

C. The state is not liable for expenses which a person incurs

in bringing an action under this section.

D. In civil actions brought under this section by this state,

the provisions of Title 28 of the Oklahoma Statutes shall apply.

E. Any employee, contractor or agent shall be entitled to:

1. All relief necessary to make the employee, contractor or

agent whole, if the employee, contractor or agent is discharged,

demoted, suspended, threatened, harassed, or in any other manner

discriminated against in the terms and conditions of employment

because of lawful acts done by the employee, contractor, agent or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1757

associated others in furtherance of an action under this act, or

other efforts to stop one or more violations of the Oklahoma

Medicaid False Claims Act.

2. Relief which shall include reinstatement with the same

seniority status the employee, contractor or agent would have had

but for the discrimination, two times the amount of back pay,

interest on the back pay, and compensation for any special damages

sustained as a result of the discrimination, including litigation

costs and reasonable attorney fees. An action under this section

may be brought in the appropriate district court of the State of

Oklahoma for the relief provided in this subsection.

F. An action under this section shall not be brought more than

three (3) years after the date when the retaliation occurred.
Okla. Stat. tit. 63, § 63-2-309E — OK Code / Title 63 / Section 63-2-309E
Central repository information - Control of access
Status: in_force

A. All access to information in the central repository shall be

controlled by and made through the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control.

B. For the purposes of court proceedings, the Director of the

Bureau, or designee, shall be the designated keeper of the records.

Oklahoma Statutes - Title 63. Public Health and Safety Page 956
Okla. Stat. tit. 63, § 63-1-738o — OK Code / Title 63 / Section 63-1-738o
Authority to intervene by right
Status: in_force

The Oklahoma Legislature, by joint resolution, may appoint one

or more of its members who sponsored or cosponsored this act in his

or her official capacity to intervene as a matter of right in any

case in which the constitutionality of this law is challenged.
Okla. Stat. tit. 63, § 63-1-270.1 — OK Code / Title 63 / Section 63-1-270.1
Short title
Status: in_force

This act shall be known and may be cited as the “Advancement in

Stem Cell Cures and Therapies Act”.
Okla. Stat. tit. 63, § 63-1097 — OK Code / Title 63 / Section 63-1097
Payments not considered as income or resources
Status: in_force

No payment received by a displaced person under this act shall

be considered as income or resources for the purpose of determining

the eligibility or extent of eligibility of any person for

assistance under any state law or for the purposes of the state's

personal income tax law, corporation tax law or other tax laws. Such

payments shall not be considered as income or resources of any

recipient of public assistance and such payments shall not be

deducted from the amount of aid to which the recipient would

otherwise be entitled.
Okla. Stat. tit. 63, § 63-2-433 — OK Code / Title 63 / Section 63-2-433
Limitation of action - Accrual of cause of action -
Status: in_force

Tolling.

A. Except as otherwise provided in this section, a claim under

the Drug Dealer Liability Act shall not be brought more than two (2)

years after the cause of action accrues. A cause of action accrues

under the Drug Dealer Liability Act when a person who may recover

has reason to know of the harm from illegal drug use that is the

basis for the cause of action and has reason to know that the

illegal drug use is the cause of the harm.

B. For a plaintiff, the statute of limitations under this

section is tolled when the individual potential plaintiff is

incapacitated by the use of an illegal drug to the extent that the

individual cannot reasonably be expected to seek recovery under this

act or as otherwise provided for by law. For a defendant, the

statute of limitations under this section is tolled until six (6)

months after the individual potential defendant is convicted of a

criminal drug offense as otherwise provided for by law.

C. The statute of limitations under the Drug Dealer Liability

Act for a claim based on participation in the illegal drug market

that occurred prior to the effective date of the Drug Dealer

Liability Act does not begin to run until the effective date of this

act.
Okla. Stat. tit. 63, § 63-1-860.3 — OK Code / Title 63 / Section 63-1-860.3
Contents of hospice program
Status: in_force

Each hospice program shall consist of hospice home services and

may provide inpatient hospice services which afford the patient and

the family of the patient a range of hospice services which can be

tailored to specific needs and preferences of the patient and

family.
Okla. Stat. tit. 63, § 63-683.24 — OK Code / Title 63 / Section 63-683.24
Emergency Management Disaster Relief Matching Fund
Status: in_force

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

the Oklahoma Department of Emergency Management, to be designated

the Emergency Management Disaster Relief Matching Fund. The fund

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

and shall be composed of monies that may be appropriated to or

otherwise received by said fund. Said fund is to be utilized as the

state's share of matching requirements for federal funds advanced

under the provisions of Sections 402, 403 and 419, Public Law 93-

288, Disaster Relief Act of 1974 and shall not be subject to

legislative appropriation.
Okla. Stat. tit. 63, § 63-1-2419 — OK Code / Title 63 / Section 63-1-2419
Renumbered as § 2-10-203 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.