Okla. Stat. tit. 63, § 63-1-865.4 — OK Code / Title 63 / Section 63-1-865.4
License renewal – Application requirements
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 525

A. A license shall expire twelve (12) months from the date of

issuance, unless revoked, and may be renewed annually by the

Department of Human Services pursuant to the provisions of the

Sheltered Workshop Act. All licenses shall be on a form prescribed

by the Director of Human Services, and shall include, but not be

limited to, the kind of program the licensee is certified to

operate, the date the license was issued, and the expiration date of

the license. The provisions of the license shall require that the

license shall:

1. Not be transferable or assignable except as authorized by

the provisions of the Sheltered Workshop Act;

2. Be available on the licensed premises; and

3. Be issued only for the premises named in the application,

and may be renewed for twelve-month periods upon application and

inspection, pursuant to the provisions of the Sheltered Workshop

Act.

B. An application shall be under oath and shall contain, but

not be limited to, the following information:

1. The name and address of the applicant or licensee. If the

applicant or licensee is a firm or partnership, the name and address

of each member thereof shall be included in the application. If the

applicant or licensee is a firm, partnership, limited liability

company, or corporation, the name and address of the firm,

partnership, limited liability company, or corporation and the name

and address of each member of the firm, major member of the limited

liability company or manager, major partner of the partnership, or

officer, major stockholder and registered agent of the corporation

shall be included in the application;

2. The name and address of the applicant or licensee if the

applicant or licensee is not the provider and is acting as agent for

the provider of sheltered workshop services or licensee;

3. The name and location of the sheltered workshop for which a

license is sought;

4. The name and administrator of the sheltered workshop;

5. The number for whom services are to be provided; and

6. A description of the program and the staffing pattern for

providing supports. In the case of an application for an initial

license, such description may be shown as the projected program and

staffing pattern.

C. 1. An applicant or licensee shall be twenty-one (21) years

of age or older and of reputable and responsible character. In

addition, the applicant or licensee shall have appropriate business

or professional experience.

2. No person who is ineligible for employment as a community

services worker in accordance with Section 1025.2 of Title 56 of the

Oklahoma Statues shall be eligible to be licensed or to receive a

contract to become a community services provider. If the applicant

Oklahoma Statutes - Title 63. Public Health and Safety Page 526

or licensee is a firm, partnership, limited liability company, or

corporation, the applicant shall not be eligible to be licensed or

to receive a contract if any member of the firm, any major member of

the limited liability company or manager, any major partner of the

partnership, or any officer or major stockholder of the corporation

is ineligible for employment as a community services worker in

accordance with Section 1025.2 of Title 56 of the Oklahoma Statutes.

D. The application for a license or renewal of a license shall

be accompanied by a statement of ownership which shall include the

following:

1. The name, address, telephone number, occupation or business

activity, business address, and business telephone number of the

owner of the sheltered workshop and of every person who owns the

building in which the sheltered workshop is located. If the owner

is a partnership, limited liability company, or corporation, the

name and address of each partner, major member of the limited

liability company, and stockholder with an ownership interest of

five percent (5%) or more shall be included in the statement; and

2. The name and address of any other sheltered workshop in

which the owner has a full or partial financial interest or, if the

applicant or licensee is a partnership, limited liability company,

or corporation, any other sheltered workshop in which the

partnership, limited liability company, or corporation has a full or

partial financial interest. The statement shall indicate whether

any other sheltered workshop wherein a full or partial financial

interest is held would, if located in this state, be required to be

licensed.

E. The Director or designee shall issue and renew licenses for

sheltered workshops which comply with the provisions of the

Sheltered Workshop Act and the standards and rules pursuant thereto.
Okla. Stat. tit. 63, § 63-1-818.41 — OK Code / Title 63 / Section 63-1-818.41
Renumbered as § 1430.41 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-911 — OK Code / Title 63 / Section 63-1-911
Renumbered as § 2-6-302 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-952 — OK Code / Title 63 / Section 63-952
Persons excluded from serving as examiners or deputies
Status: in_force

It is specifically provided that no embalmer, funeral director,

or employee of a funeral home shall be employed in any capacity with

the Office of the Chief Medical Examiner, nor shall any member of

law enforcement including but not limited to peace officers, deputy

sheriffs, and reserve deputies.
Okla. Stat. tit. 63, § 63-2-427 — OK Code / Title 63 / Section 63-2-427
Drug market target community - Level of offense
Status: in_force

A person whose participation in the illegal drug market

constitutes the following level offense shall be considered to have

the following illegal drug market target community:

1. For a level one offense, the county in which the place of

participation of the defendant is situated;

2. For a level two offense, the target community described in

paragraph 1 of this section along with all counties with a border

contiguous to that target community;

3. For a level three offense, the target community described in

paragraph 2 of this section plus all counties with a border

contiguous to that target community; and

4. For a level four offense, the state.
Okla. Stat. tit. 63, § 63-1-1701.1B — OK Code / Title 63 / Section 63-1-1701.1B
Collection of fines - Limiting construction of act
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 651

A. Administrative fines collected by the Department pursuant to

Section 2 of this act shall be paid into the Public Health Special

Fund.

B. Nothing in this act shall be construed as amending the

provisions of Sections 1-833, 1-839 or 1-2012.2 of Title 63 of the

Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-745.10 — OK Code / Title 63 / Section 63-1-745.10
Severability
Status: in_force

A. If any one or more provisions, sections, subsections,

sentences, clauses, phrases or words of the Pain-Capable Unborn

Child Protection Act or the application thereof to any person or

circumstance is found to be unconstitutional, the same is hereby

declared to be severable and the balance of the Pain-Capable Unborn

Child Protection Act shall remain effective notwithstanding such

unconstitutionality. The Legislature hereby declares that it would

have passed the Pain-Capable Unborn Child Protection Act, and each

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

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

sections, subsections, sentences, clauses, phrases, or words of the

Pain-Capable Unborn Child Protection Act, or the application of the

Pain-Capable Unborn Child Protection Act, would be declared

unconstitutional.

B. The Pain-Capable Unborn Child Protection Act shall not be

construed to repeal, by implication or otherwise, Section 1-732 of

Title 63 of the Oklahoma Statutes, or any otherwise applicable

provision of Oklahoma's laws regulating or restricting abortion. An

abortion that complies with this act but violates the provisions of

Oklahoma Statutes - Title 63. Public Health and Safety Page 397

Section 1-732 of Title 63 of the Oklahoma Statutes, or any otherwise

applicable provision of Oklahoma's laws shall be deemed unlawful as

provided in such provision. An abortion that complies with the

provisions of Section 1-732 of Title 63 of the Oklahoma Statutes, or

any otherwise applicable provision of Oklahoma's laws regulating or

restricting abortion but violates this act shall be deemed unlawful

as provided in this act.
Okla. Stat. tit. 63, § 63-684.28 — OK Code / Title 63 / Section 63-684.28
Regulation of services during emergency
Status: in_force

A. While an emergency declaration is in effect, the State

Department of Health may limit, restrict, or otherwise regulate:

1. The duration of practice by volunteer health practitioners;

2. The geographical areas in which volunteer health

practitioners may practice;

3. The types of volunteer health practitioners who may

practice; and

4. Any other matters necessary to coordinate effectively the

provision of health or veterinary services during the emergency.

B. An order issued pursuant to subsection A of this section may

take effect immediately, without prior notice or comment, and is not

a rule within the meaning of the Administrative Procedures Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1251

C. A host entity that uses volunteer health practitioners to

provide health or veterinary services in this state shall:

1. Consult and coordinate its activities with the State

Department of Health to the extent practicable to provide for the

efficient and effective use of volunteer health practitioners; and

2. Comply with any laws other than this act relating to the

management of emergency health or veterinary services, including the

Oklahoma Emergency Management Act of 2003 and the Catastrophic

Health Emergency Powers Act.
Okla. Stat. tit. 63, § 63-3240.3 — OK Code / Title 63 / Section 63-3240.3
Community Hospitals Authority - Purpose, establishment
Status: in_force

and duties - Indigent care services - Appropriation - Reimbursement.

A. The Oklahoma Legislature finds that care of medically

indigent persons and the needs of the Oklahoma State University

Center for Health Sciences and the University of Oklahoma College of

Medicine (Tulsa) will be enhanced through the establishment of the

Community Hospitals Authority. The purpose of the Community

Hospitals Authority is to provide maximum utilization and efficient

administration in order to deliver health care services to medically

indigent persons and to promote the teaching and training of

physicians.

B. The Community Hospitals Authority shall:

1. Support the missions of the Oklahoma State University Center

for Health Sciences and the University of Oklahoma College of

Medicine (Tulsa) with regard to:

a. teaching and training for medical students,

b. conducting medical and biomedical research, and

c. medical care for indigent and nonindigent populations;

2. Act as a vehicle for securing funding that is in addition to

existing state Medicaid Program appropriated funding for education

and indigent care and graduate medical education; provided, however,

under no circumstance shall funds secured pursuant to this provision

be used to supplant such existing state Medicaid Program

appropriated funding; and

3. Coordinate the delivery and efficiency of medical service

across Northeast Oklahoma including, but not limited to, all

counties located totally or partly in the Tulsa Metropolitan Area.

C. The Authority may contract for indigent care services with

participating health care systems.

D. In the event the Legislature enacts a statewide program to

reimburse hospitals for the cost, or a portion thereof, of providing

indigent health care, the Legislature shall ensure that such

reimbursement shall be made to all hospitals providing indigent care

within the state.
Okla. Stat. tit. 63, § 63-1-557 — OK Code / Title 63 / Section 63-1-557
Breast and Cervical Cancer Act Revolving Fund
Status: in_force

A. 1. There is hereby created in the State Treasury a

revolving fund for the State Department of Health to be designated

the "Breast and Cervical Cancer Act Revolving Fund". The fund shall

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

shall consist of all monies received by the fund and gifts or

donations to the fund.

2. All monies donated or accruing to the credit of the fund are

hereby appropriated and may be budgeted and expended by the State

Department of Health for the purposes specified in and associated

with implementation of the Oklahoma Breast and Cervical Cancer Act.

3. Monies from the fund may be transferred to the Breast and

Cervical Cancer Prevention and Treatment Account and shall be used

to carry out the purposes specified in Section 1-556 of this title.

4. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.

B. Monies in the Breast and Cervical Cancer Act Revolving Fund

may be expended by the State Department of Health for promotional

activities to encourage donations to the Breast and Cervical Cancer

Act Revolving Fund by individuals and private businesses or

foundations.
Okla. Stat. tit. 63, § 63-1-756.4 — OK Code / Title 63 / Section 63-1-756.4
Required steps to be performed by qualified physician
Status: in_force

A. The qualified physician providing an abortion-inducing drug

shall examine the woman in person, and prior to providing an

abortion-inducing drug, shall:

1. Independently verify that a pregnancy exists;

2. Determine the woman's blood type, and if she is Rh negative,

be able to and offer to administer RhoGAM at the time of the

abortion;

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

unborn child in the process of completing the abortion; and

4. Document, in the woman's medical chart, the gestational age

and intrauterine location of the pregnancy, and whether she received

treatment for Rh negativity, as diagnosed by the most accurate

standard of medical care.

B. A qualified physician providing an abortion-inducing drug

shall be credentialed and competent to handle complication

management including emergency transfer, or shall have a signed

contract with an associated physician who is credentialed to handle

complications and be able to produce that signed contract on demand

by the pregnant woman, by the State Board of Medical Licensure and

Supervision or by the State Department of Health. Every pregnant

woman to whom a qualified physician provides any abortion-inducing

drug shall be given the name and phone number of the associated

physician.

C. The qualified physician providing any abortion-inducing drug

or an agent of the qualified physician shall schedule a follow-up

visit for the woman at approximately seven (7) to fourteen (14) days

after administration of the abortion-inducing drug to confirm that

the pregnancy is completely terminated and to assess the degree of

bleeding. The qualified physician shall make all reasonable efforts

to ensure that the woman returns for the scheduled appointment. A

brief description of the efforts made to comply with this subsection

including the date, time and identification by name of the person

making such efforts, shall be included in the woman's medical

record.
Okla. Stat. tit. 63, § 63-2355 — OK Code / Title 63 / Section 63-2355
Law governing
Status: in_force

Local ordinances that substantially comply to this act shall

take precedence over this act.
Okla. Stat. tit. 63, § 63-1-729a — OK Code / Title 63 / Section 63-1-729a
Sale or distribution of RU-486
Status: in_force

A. The Legislature finds that:

1. The U.S. Food and Drug Administration (FDA) approved the

drug mifepristone (brand name "Mifeprex"), a first-generation

[selective] progesterone receptor modulator ([S]PRM), as an

abortion-inducing drug with a specific gestation, dosage, and

administration protocol;

2. The FDA approved mifepristone (brand name Mifeprex) under

the rubric of 21 C.F.R., Section 314.520, also referred to as

"Subpart H", which is the only FDA approval process that allows for

postmarketing restrictions. Specifically, the Code of Federal

Regulations (CFR) provides for accelerated approval of certain drugs

that are shown to be effective but "can be safely used only if

distribution or use is restricted";

3. The FDA does not treat Subpart H drugs in the same manner as

drugs which undergo the typical approval process;

4. As approved by the FDA, and as outlined in the Mifeprex

final printed labeling (FPL), an abortion by mifepristone consists

of three two-hundred-milligram tablets of mifepristone taken orally,

followed by two two-hundred-microgram tablets of misoprostol taken

orally, through forty-nine (49) days LMP (a gestational measurement

using the first day of the woman's "last menstrual period" as a

marker). The patient is to return for a follow-up visit in order to

confirm that the abortion has been completed. This FDA-approved

Oklahoma Statutes - Title 63. Public Health and Safety Page 301

protocol is referred to as the "Mifeprex regimen" or the "RU-486

regimen";

5. The aforementioned procedure requires three office visits by

the patient, and the dosages may only be administered in a clinic,

medical office, or hospital and under supervision of a physician;

6. The Mifeprex final printed labeling (FPL) outlines the FDA-

approved dosage and administration of both drugs in the Mifeprex

regimen, namely mifepristone and misoprostol;

7. When the FDA approved the Mifeprex regimen under Subpart H,

it did so with certain restrictions. For example, the distribution

and use of the Mifeprex regimen must be under the supervision of a

physician who has the ability to assess the duration of pregnancy,

diagnose ectopic pregnancies, and provide surgical intervention (or

has made plans to provide surgical intervention through other

qualified physicians);

8. One of the restrictions imposed by the FDA as part of its

Subpart H approval is a written agreement that must be signed by

both the physician and patient. In that agreement, the woman

attests to the following, among other statements:

a. "I believe I am no more than 49 days (7 weeks)

pregnant",

b. "I understand that I will take misoprostol in my

provider's office two days after I take Mifeprex (Day

3)", and

c. "I will do the following: return to my provider's

office in two days (Day 3) to check if my pregnancy

has ended. My provider will give me misoprostol if I

am still pregnant";

9. The FDA concluded that available medical data did not

support the safety of home use of misoprostol, and it specifically

rejected information in the Mifeprex final printed labeling (FPL) on

self-administering misoprostol at home;

10. The use of abortion-inducing drugs presents significant

medical risks to women, including but not limited to abdominal pain,

cramping, vomiting, headache, fatigue, uterine hemorrhage, viral

infections, and pelvic inflammatory disease;

11. Abortion-inducing drugs are associated with an increased

risk of complications relative to surgical abortion. The risk of

complications increases with advancing gestational age, and, in the

instance of the Mifeprex regimen, with failure to complete the two-

step dosage process;

12. In July 2011, the FDA reported 2,207 adverse events in the

United States after women used abortion-inducing drugs. Among those

were 14 deaths, 612 hospitalizations, 339 blood transfusions, and

256 infections (including 48 "severe infections");

13. "Off-label" or so-called "evidence-based" use of abortion-

inducing drugs may be deadly. To date, fourteen women have

Oklahoma Statutes - Title 63. Public Health and Safety Page 302

reportedly died after administering abortion-inducing drugs, with

eight deaths attributed to severe bacterial infection. All eight of

those women administered the drugs in an "off-label" or "evidence-

based" manner advocated by many abortion providers. The FDA has

received no reports of women dying from bacterial infection

following administration according to the FDA-approved protocol for

the Mifeprex regimen. The FDA has not been able to conclude one way

or another whether off-label use led to the eight deaths;

14. Medical evidence demonstrates that women who utilize

abortion-inducing drugs incur more complications than those who have

surgical abortions;

15. Based on the foregoing findings, it is the purpose of this

act to:

a. protect women from the dangerous and potentially

deadly off-label use of abortion-inducing drugs, and

b. ensure that physicians abide by the protocol approved

by the FDA for the administration of abortion-inducing

drugs, as outlined in the drugs' final printed

labeling (FPL); and

16. In response to the Oklahoma Supreme Court's decision in

Cline v. Oklahoma Coalition for Reproductive Justice (No. 111,939),

in which the Oklahoma Supreme Court determined, in contravention of

this Legislature's intent, that this act prohibits all uses of

misoprostol for chemical abortion and prohibits the use of

methotrexate in treating ectopic pregnancies, it is also the purpose

of this act to legislatively overrule the decision of the Oklahoma

Supreme Court and ensure that should such questions be presented

before that Court in the future it will reach the proper result that

this act does not ban use of misoprostol in chemical abortion (and

allows it as part of the FDA-approved Mifeprex regimen) nor prevent

the off-label use of drugs for the treatment of ectopic pregnancy.

B. As used in this section:

1. "Abortion-inducing drug" means a medicine, drug, or any

other substance prescribed or dispensed with the intent of inducing

an abortion. This includes off-label use of drugs known to have

abortion-inducing properties, which are prescribed specifically with

the intent of causing an abortion, such as misoprostol (Cytotec),

and methotrexate. This definition does not apply to drugs that may

be known to cause an abortion, but which are prescribed for other

medical indications, such as chemotherapeutic agents or diagnostic

drugs, or for treatment of an ectopic pregnancy;

2. "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

Oklahoma Statutes - Title 63. Public Health and Safety Page 303

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

criminal assault on the pregnant female or her unborn child;

3. "Drug label" or "drug's label" means the pamphlet

accompanying an abortion-inducing drug which outlines the protocol

authorized by the U.S. Food and Drug Administration (FDA) and agreed

upon by the drug company applying for FDA authorization of that

drug. Also known as "final printed labeling (FPL)" or referred to

as the "FDA-approved label", it is the FDA-approved document which

delineates how a drug is to be used according to the FDA approval;

4. "Mifeprex regimen" means the abortion-inducing drug regimen

that is described in the FDA-approved Mifeprex final printed

labeling, and which involves administration of mifepristone (brand

name "Mifeprex") and misoprostol. It is the only abortion-inducing

drug regimen approved by the FDA, and it does not include any dosage

or administration not explicitly approved in Mifeprex final printed

labeling. It is also commonly referred to as the "RU-486 regimen"

or simply "RU-486";

5. "Mifepristone" means the first drug used in the Mifeprex

regimen;

6. "Misoprostol" means the second drug used in the Mifeprex

regimen;

7. "Personal identifying information" means any information

designed to identify a person and any information commonly used or

capable of being used alone or in conjunction with any other

information to identify a person; and

8. "Physician" means a doctor of medicine or osteopathy legally

authorized to practice medicine in the state.

C. No person shall knowingly or recklessly give, sell,

dispense, administer, prescribe, or otherwise provide an abortion-

inducing drug, including the Mifeprex regimen, unless the person who

gives, sells, dispenses, administers, prescribes, or otherwise

provides the abortion-inducing drug is a physician who:

1. Has the ability to assess the duration of the pregnancy

accurately;

2. Has the ability to diagnose ectopic pregnancies;

3. Has the ability to provide surgical intervention in cases of

incomplete abortion or severe bleeding, or has made and documented

in the patient's medical record plans to provide such care through

other qualified physicians; and

4. Is able to assure patient access to medical facilities

equipped to provide blood transfusions and resuscitation, if

necessary.

D. No physician who provides an abortion-inducing drug,

including the Mifeprex regimen, shall knowingly or recklessly fail

to provide or prescribe the drug according to the protocol

authorized by the U.S. Food and Drug Administration and as outlined

in the FDA-approved label. In the specific case of the Mifeprex

Oklahoma Statutes - Title 63. Public Health and Safety Page 304

regimen, the Mifeprex label includes the FDA-approved dosage and

administration instructions for both mifepristone (brand name

Mifeprex) and misoprostol, and any provision accomplished according

to that labeling is not prohibited.

E. No physician who provides an abortion-inducing drug,

including the Mifeprex regimen, shall knowingly or recklessly fail

to:

1. Provide each patient with a copy of the drug manufacturer's

medication guide and drug label for the drug(s) being used; when the

Mifeprex regimen is being utilized, this requirement is satisfied so

long as the patient is provided the FDA-approved Mifeprex medication

guide and final printed labeling;

2. Fully explain the procedure to the patient, including, but

not limited to, explaining that the drug is being used in accordance

with the protocol authorized by the U.S. Food and Drug

Administration and as outlined in the drug label for the abortion-

inducing drug;

3. Provide the female with a copy of the drug manufacturer's

patient agreement and obtain the patient's signature on the patient

agreement;

4. Sign the patient agreement; and

5. Record the drug manufacturer's package serial number in the

patient's medical record.

F. Because the failure and complications rates from abortion-

inducing drugs increase with increasing gestational age, and because

the physical symptoms of an abortion induced by drugs can be

identical to the symptoms of ectopic pregnancy, thereby increasing

the risk of ruptured ectopic pregnancy, the physician giving,

selling, dispensing, administering, or otherwise providing or

prescribing the abortion-inducing drug shall first examine the woman

and document, in the woman's medical chart, gestational age and

intrauterine location of the pregnancy prior to giving, selling,

dispensing, administering, or otherwise providing or prescribing the

abortion-inducing drug.

G. An abortion-inducing drug must be administered in the same

room and in the physical presence of the physician who prescribed,

dispensed, or otherwise provided the drug to the patient. The

physician inducing the abortion, or a person acting on behalf of the

physician inducing the abortion, shall schedule the patient for a

follow-up appointment and make all reasonable efforts to ensure that

the patient returns twelve (12) to eighteen (18) days after the

administration or use of the abortion-inducing drug for a follow-up

visit so that the physician can confirm that the pregnancy has been

terminated and assess the patient's medical condition. A brief

description of the efforts made to comply with this subsection,

including the date, time, and identification by name of the person

Oklahoma Statutes - Title 63. Public Health and Safety Page 305

making such efforts, shall be included in the patient's medical

record.

H. 1. If a physician provides an abortion-inducing drug and

knows that the female who uses the abortion-inducing drug

experiences within one (1) year after the use of the abortion-

inducing drug an incomplete abortion, severe bleeding, or an adverse

reaction to the abortion-inducing drug or is hospitalized, receives

a transfusion, or experiences any other serious event, the physician

shall, as soon as is practicable, but in no case more than sixty

(60) days after the physician learns of the adverse reaction or

serious event, provide a written report of the incomplete abortion,

severe bleeding, adverse reaction, hospitalization, transfusion, or

serious event to the drug manufacturer. If the physician is a

doctor of medicine, the physician shall simultaneously provide a

copy of the report to the State Board of Medical Licensure and

Supervision. If the physician is a doctor of osteopathy, the

physician shall simultaneously provide a copy of the report to the

State Board of Osteopathic Examiners. The relevant Board shall

compile and retain all reports it receives pursuant to this

subsection. All reports the relevant Board receives under this

subsection are public records open to inspection pursuant to the

Oklahoma Open Records Act; however, absent an order by a court of

competent jurisdiction, neither the drug manufacturer nor the

relevant Board shall release the name or any other personal

identifying information regarding a person who uses or provides the

abortion-inducing drug for the purpose of inducing an abortion and

who is the subject of a report the drug manufacturer or the relevant

Board receives under this subsection.

2. No physician who provides an abortion-inducing drug to a

pregnant female shall knowingly or recklessly fail to file a report

required under paragraph 1 of this subsection. Knowing or reckless

failure to comply with this subsection shall subject the physician

to sanctioning by the licensing board having administrative

authority over such physician.

I. Any female upon whom an abortion has been performed, the

father of the unborn child who was the subject of the abortion if

the father was married to the woman who received the abortion at the

time the abortion was performed, or a maternal grandparent of the

unborn child may maintain an action against the person who performed

the abortion in knowing or reckless violation of this section for

actual and punitive damages. Any female upon whom an abortion has

been attempted in knowing or reckless violation of this section may

maintain an action against the person who attempted to perform the

abortion for actual and punitive damages.

J. If a judgment is rendered in favor of the plaintiff in any

action described in this section, the court shall also render

judgment for a reasonable attorney fee in favor of the plaintiff

Oklahoma Statutes - Title 63. Public Health and Safety Page 306

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

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

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

judgment for a reasonable attorney fee in favor of the defendant

against the plaintiff.

K. No pregnant female who obtains or possesses an abortion-

inducing drug to terminate her own pregnancy shall be subject to any

action brought under subsection I of this section.

L. If some or all of the language in this section is ever

temporarily or permanently restrained or enjoined by judicial order,

then this section shall be enforced as though such restrained or

enjoined provisions had not been adopted; provided, however, that

whenever such temporary or permanent restraining order or injunction

is stayed or dissolved, or otherwise ceases to have effect, such

provisions shall have full force and effect.
Okla. Stat. tit. 63, § 63-6406 — OK Code / Title 63 / Section 63-6406
Short title - COVID-19 Public Health Emergency Limited
Status: in_force

Liability Act – Purpose – Liability limitations.

A. This act shall be known and may be cited as the "COVID-19

Public Health Emergency Limited Liability Act".

B. For purposes of the COVID-19 Public Health Emergency Limited

Liability Act:

1. "COVID-19 public health emergency" means any emergency

declared by the Governor of Oklahoma related to COVID-19, including

but not limited to the emergency declared by the Governor by

Executive Order 2020-07, and any amendments thereto, under the

Oklahoma Emergency Management Act of 2003, Section 683.1 et seq. of

Title 63 of the Oklahoma Statutes, beginning on March 15, 2020, and

the health emergency declared by the Governor by Executive Order

2020-13, and any amendments thereto, under the Catastrophic Health

Emergency Powers Act, Section 6101 et seq. of Title 63 of the

Oklahoma Statutes, beginning on April 8, 2020;

2. "Health care facility" and "health care provider" shall have

the same meaning as such terms are defined as provided in Section

6104 of Title 63 of the Oklahoma Statutes; and

3. "Health care services" means any services provided by a

health care facility, health care provider, or by an individual

working under the supervision of a health care facility or provider,

that relate to the diagnosis, assessment, prevention, treatment,

aid, shelter, assistance, or care of illness, disease, injury, or

condition.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1772

C. A health care facility or health care provider shall be

immune from civil liability for any loss or harm to a person with a

suspected or confirmed diagnosis of COVID-19 caused by an act or

omission by the facility or provider that occurs during the COVID-19

public health emergency, if:

1. The act or omission occurred in the course of arranging for

or providing COVID-19 health care services for the treatment of the

person who was impacted by the decisions, activities or staffing of,

or the availability or capacity of space or equipment by, the health

care facility or provider in response to or as a result of the

COVID-19 public health emergency; and

2. The act or omission was not the result of gross negligence

or willful or wanton misconduct of the health care facility or

health care provider rendering the health care services.

D. In no event shall this act be construed to grant immunity

from civil liability for an act or omission in the provision of

health care services to a person who did not have a suspected or

confirmed diagnosis of COVID-19 at the time of the services.

E. This act shall apply to any civil action filed on or after

the effective date of this act. The provisions of this act shall be

in effect until October 31, 2020, or until such time as the Governor

affirmatively concludes the emergency declarations specified in

paragraph 1 of subsection B of this section, whichever is later.
Okla. Stat. tit. 63, § 63-142.11 — OK Code / Title 63 / Section 63-142.11
Exemptions
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1090

Notwithstanding anything which may be contained in this act to

the contrary, public agencies and their contractors engaged in work

within the public right-of-way which work is a preengineered

project, certified project or routine maintenance shall be exempt

from the provisions of this act. Provided, a public agency

contractor, prior to engaging in routine maintenance, shall take

reasonable steps to determine the location of underground facilities

in or near the proposed area of work. Reasonable steps may include

utilization of the statewide one-call notification center procedures

as provided for in Section 142.6 of this title.
Okla. Stat. tit. 63, § 63-1-745.59 — OK Code / Title 63 / Section 63-1-745.59
Legislative intent - Severability
Status: in_force

A. Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which

in the context of determining the severability of a state statute

regulating abortion, the Supreme Court of the United States held

that an explicit statement of legislative intent is controlling. It

is the intent of the Legislature that every provision, section,

subsection, sentence, clause, phrase, or word in this act, and every

application of the provisions in this act to every person, group of

persons, or circumstances, are severable from each other.

B. If any application of any provision in this act to any

person, group of persons, or circumstances is found by a court to be

invalid, preempted, unconstitutional, or to impose an undue burden

on any woman or group of women seeking an abortion, then the

remaining applications of that provision to all other persons and

circumstances shall be severed and preserved, and shall remain in

effect. All constitutionally valid applications of the provisions

in this act, and every application of those provisions that can be

enforced without imposing an undue burden on women seeking

abortions, shall be severed from any applications that a court finds

to be invalid, preempted, unconstitutional, or to impose an undue

burden on women seeking abortions, and the valid applications shall

remain in force, because it is the Legislature's intent and priority

that every valid application be allowed to stand alone. Even if a

reviewing court finds a provision of this act to impose an undue

burden in a large or substantial fraction of relevant cases, the

applications that do not present an undue burden shall be severed

from the remaining applications and shall remain in force, and shall

Oklahoma Statutes - Title 63. Public Health and Safety Page 418

be treated as if the Legislature had enacted a statute limited to

the persons, group of persons, or circumstances for which the

statute's application does not impose an undue burden.

C. The Legislature further declares that it would have enacted

this act, and each provision, section, subsection, sentence, clause,

phrase, or word, and all constitutional applications of the

provisions of this act, irrespective of the fact that any provision,

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

applications of this act were to be declared invalid, preempted,

unconstitutional, or to impose an undue burden.

D. If any provision of this act is found by any court to be

unconstitutionally vague, then the applications of that provision

that do not present constitutional vagueness problems shall be

severed and remain in force, consistent with the severability

requirements of subsections A, B, and C of this section.

E. No court may decline to enforce the severability

requirements of subsections A, B, C, and D of this section on the

ground that severance would "rewrite" the statute or involve the

court in legislative or lawmaking activity. A court that declines

to enforce or enjoins a state official from enforcing a statutory

provision does not rewrite a statute, as the statute continues to

contain the same words as before the court's decision. A judicial

injunction or declaration of unconstitutionality:

1. Is nothing more than an edict prohibiting enforcement that

may subsequently be vacated by a later court if that court has a

different understanding of the requirements of the Oklahoma

Constitution or United States Constitution;

2. Is not a formal amendment of the language in a statute; and

3. Does no more rewrites of a statute than a decision by the

executive not to enforce a duly enacted statute in a limited and

defined set of circumstances.

F. If any state or federal court disregards the severability

requirements of subsections A, B, C, D, and E of this section, and

declares or finds any provision of this act facially

unconstitutional, when there are discrete applications of that

provision that can be enforced against a person, group of persons,

or circumstances without violating federal law, the federal or state

constitutions, or imposing an undue burden on women seeking

abortions, then that provision shall be interpreted, as a matter of

state law, as if the Legislature had enacted a provision limited to

the persons, group of persons, or circumstances for which the

provision's application will not violate federal law, the federal or

state constitutions, or impose an undue burden on women seeking

abortions, and every court shall adopt this saving construction of

that provision until the court ruling that pronounced the provision

facially unconstitutional is vacated or overruled.
Okla. Stat. tit. 63, § 63-1-860.12 — OK Code / Title 63 / Section 63-1-860.12
Attorney General - Equitable relief
Status: in_force

The Department may request the Attorney General to bring an

action in a court of competent jurisdiction for equitable relief to

redress or restrain a violation by any person of a provision of the

Oklahoma Hospice Licensing Act or any rule promulgated thereto or

order issued pursuant to the provisions of the Oklahoma Hospice

Licensing Act.
Okla. Stat. tit. 63, § 63-427.4 — OK Code / Title 63 / Section 63-427.4
Oklahoma Medical Marijuana Authority – Executive
Status: in_force

Director.

A. The Oklahoma Medical Marijuana Authority shall employ an

Executive Director and other personnel as necessary to assist the

Authority in carrying out its duties. The Executive Director shall

be appointed by the Governor, with the advice and consent of the

Senate. The Executive Director shall serve at the pleasure of the

Governor and may be removed or replaced without cause. Compensation

for the Executive Director shall be determined pursuant to Section

3601.2 of Title 74 of the Oklahoma Statutes.

B. The Authority shall not employ an individual if any of the

following circumstances exist:

1. The individual has a direct or indirect interest in a

licensed medical marijuana business; or

2. The individual or his or her spouse, parent, child, spouse

of a child, sibling, or spouse of a sibling has an application for a

medical marijuana business license pending before the Authority or

is a member of the board of directors of a medical marijuana

business, or is an individual financially interested in any licensee

or medical marijuana business.

C. All officers and employees of the Authority shall be in the

exempt unclassified service.

D. The Executive Director may delegate to any officer or

employee of the Authority any of the powers of the Executive

Director and may designate any officer or employee of the Authority

to perform any of the duties of the Executive Director.

E. The Executive Director may promulgate rules governing the

oversight and implementation of the Oklahoma Medical Marijuana and

Patient Protection Act.

F. The Authority is hereby authorized to create employment

positions necessary for the implementation of its obligations

pursuant to the Oklahoma Medical Marijuana and Patient Protection

Act including, but not limited to, investigators of the Authority

and a director of enforcement. The Authority, the director of

enforcement, the Executive Director, investigators of the Authority,

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,

the Oklahoma State Bureau of Investigation, and the Attorney General

shall have all the powers and authority of a peace officer of this

state for the purpose of enforcing the provisions of the Oklahoma

Medical Marijuana and Patient Protection Act and other laws

pertaining to medical marijuana, rules promulgated by the Executive

Director, or criminal laws of this state. These powers shall

include but not be limited to:

1. Investigating violations or suspected violations of the

Oklahoma Medical Marijuana and Patient Protection Act or other laws

Oklahoma Statutes - Title 63. Public Health and Safety Page 1136

pertaining to medical marijuana, any rules promulgated pursuant

thereto, and any violations of criminal laws of this state

discovered through the course of such investigations;

2. Serving and executing all warrants, summonses, subpoenas,

administrative citations, notices or other processes relating to the

enforcement of laws regulating marijuana, concentrate, and marijuana

product;

3. Seizing, destroying, confiscating, embargoing, or placing an

administrative hold on any marijuana or marijuana product not

properly logged in the inventory tracking system or untraceable

product required to be in the system, altered or improperly

packaged, or illegally held in violation of the Oklahoma Medical

Marijuana and Patient Protection Act, any other laws of this state,

or any rules promulgated by the Executive Director;

4. Assisting or aiding any law enforcement officer in the

performance of his or her duties upon such law enforcement officer’s

request or the request of other local officials having jurisdiction;

5. Referring any evidence, reports, or charges regarding

violations of any provision of the Oklahoma Medical Marijuana and

Patient Protection Act that carries criminal penalty, or of any

other criminal laws of this state, to the appropriate law

enforcement authority and prosecutorial authority for action;

6. Aiding the enforcement authorities of this state or any

county or municipality of the state, or the federal government, in

prosecutions of violations of the Oklahoma Medical Marijuana and

Patient Protection Act or any other laws of this state that carry

criminal penalty involving crimes discovered during the

investigation of violations or suspected violations of the Oklahoma

Medical Marijuana and Patient Protection Act or other laws

pertaining to medical marijuana or any rules promulgated pursuant

thereto;

7. As provided in Section 427.6 of this title, requiring any

business applicant or licensee to permit an inspection of licensed

premises during business hours or at any time of apparent operation,

marijuana equipment, and marijuana accessories, or books and

records; and to permit the testing of or examination of medical

marijuana, concentrate, or product;

8. Requiring applicants and licensees to submit complete and

current applications, information and fees required by the Oklahoma

Medical Marijuana and Patient Protection Act, the Oklahoma Medical

Marijuana Waste Management Act and Sections 420 through 426.1 of

this title, and approve material changes made by the applicant or

licensee;

9. Requiring medical marijuana business licensees to submit a

sample or unit of medical marijuana or medical marijuana product to

the quality assurance laboratory when the Authority has reason to

believe the medical marijuana or medical marijuana product may be

Oklahoma Statutes - Title 63. Public Health and Safety Page 1137

unsafe for patient consumption or inhalation or has not been tested

in accordance with the provisions of the Oklahoma Medical Marijuana

and Patient Protection Act and the rules and regulations promulgated

by the Executive Director. The licensee shall provide the samples

or units of medical marijuana or medical marijuana products at its

own expense but shall not be responsible for the costs of testing;

and

10. Requiring medical marijuana business licensees to

periodically submit samples or units of medical marijuana or medical

marijuana products to the quality assurance laboratory for quality

assurance purposes. Licensed growers, processors, dispensaries and

transporters shall not be required to submit samples or units of

medical marijuana or medical marijuana products more than twice a

year. The licensee shall provide the samples or units of medical

marijuana or medical marijuana products at its own expense but shall

not be responsible for the costs of testing.

G. All investigators of the Authority shall meet all training

requirements and qualifications for peace officers as required by

Section 3311 et seq. of Title 70 of the Oklahoma Statutes.

H. During the course of an investigation, the Authority, as

provided by subsection F of this section, may arrest a violator or

suspected violator of any laws of this state committed in the

presence of the Authority or upon the development of probable cause

that such crime has been committed. The Authority as provided by

subsection F of this section may, upon request of a sheriff or

another peace officer of this state, or any political subdivision

thereof, assist in the apprehension and arrest of a violator or

suspected violator of any of the laws of this state.

I. The Executive Director may employ or contract with

attorneys, as needed, to advise the Authority on all legal matters

and to appear for and represent the Executive Director and the

Authority in all administrative hearings and all litigation or other

proceedings which may arise in the discharge of their duties. At

the request of the Executive Director, such attorneys shall assist

district attorneys in prosecuting charges of violators of the

Oklahoma Medical Marijuana and Patient Protection Act or any other

laws of this state that carry criminal penalty involving crimes

discovered during the investigation of violations or suspected

violations of the Oklahoma Medical Marijuana and Patient Protection

Act or other laws pertaining to medical marijuana or any rules

promulgated pursuant thereto.
Okla. Stat. tit. 63, § 63-3201 — OK Code / Title 63 / Section 63-3201
Short title
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1515

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

Hospitals Authority Act".
Okla. Stat. tit. 63, § 63-330.88 — OK Code / Title 63 / Section 63-330.88
Renumbered as § 2455 of this title by Laws 1990, c
Status: in_force

320, § 19, emerg. eff. May 30, 1990.
Okla. Stat. tit. 63, § 63-3401.1 — OK Code / Title 63 / Section 63-3401.1
Patients' rights
Status: in_force

A. Each patient treated in this state shall have the following

rights when being treated:

1. To receive considerate and respectful care, provided in a

safe environment, free from all forms of abuse, neglect, harassment,

and exploitation;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1600

2. To receive information in plain language and in a manner

that is accessible and timely. Communications with the patient

shall be effective and provided in a manner that facilitates

understanding to the best of the patient’s ability.

a. For a patient with one or more disabilities, the right

conferred by this paragraph shall include the use of

accessible websites and the provision of auxiliary

aids and services at no cost to the individual in

accordance with the Americans with Disabilities Act of

1990 and Section 504 of the Rehabilitation Act of

1973.

b. For a patient with limited English proficiency, the

right conferred by this paragraph shall include the

provision of language services at no cost to the

individual, including oral interpretation and written

translations;

3. To receive as much information about any proposed treatment

or procedure as he or she may need in order to give informed consent

or to refuse the course of treatment. Except in emergencies, this

information shall include a description of the procedure or

treatment, the medically significant risks involved in the procedure

or treatment, alternate courses of treatment or nontreatment and the

risks involved in each, and the name of the person who shall carry

out the procedure or treatment;

4. To execute an advance directive for health care concerning

treatment or to designate a surrogate decision-maker with the

expectation that the hospital will honor the intent of that

directive to the extent allowed by law and hospital policy. The

health care provider shall advise a patient of his or her rights

under state law and hospital policy to make informed medical

decisions, ask if the patient has an advance directive, and include

that information in patient records. The patient has the right to

timely information about hospital policy that may limit its ability

to implement a legally valid advance directive;

5. To participate in the development and implementation of his

or her plan of care and to actively participate in decisions

regarding his or her medical care;

6. To accept medical care or to refuse treatment, to the extent

permitted by law, and to be informed of the consequences of such

refusal;

7. To be informed of his or her rights as a patient in advance

of, or when discontinuing, the provision of care. The patient may

appoint a representative to receive this information should he or

she so desire;

8. To have a family member or representative of his or her

choice notified promptly of his or her admission to the hospital;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1601

9. To request that no information regarding his or her

admittance, diagnosis, or treatment be released;

10. To review and obtain a copy of the medical records

pertaining to his or her medical care, with full disclosure of any

associated fees for such copies, except when restricted by law;

11. To receive reasonable continuity of care, when appropriate,

and to be informed by the doctor and other caregivers of available

and realistic patient care options when hospital care is no longer

appropriate;

12. To confidential treatment of all communications and records

pertaining to his or her care and stay at the hospital;

13. To expect that, within its capability, capacity, and

policies, the hospital shall make a reasonable response to the

request of a patient for appropriate and medically directed care and

services. The hospital shall provide evaluation, service, and a

referral as indicated by the urgency of the case. When medically

appropriate and legally permissible, or when a patient has requested

a transfer, that patient may be transferred to another facility.

The receiving facility shall have first agreed to accept the patient

for transfer. The patient shall also have the benefit of the

complete information and explanation concerning the need for, risks

and benefits of, and alternatives to such a transfer;

14. To a mechanism, which shall be implemented and maintained

by the hospital, for the consideration of ethical issues arising in

the care of patients, and to education on ethical issues in health

care, which the hospital shall provide to caregivers and patients;

15. To be advised of the hospital’s complaint or grievance

process should the patient wish to communicate a concern regarding

the quality of care he or she receives and to be advised of whom to

contact to file a complaint. The patient shall be provided with a

written notice of the complaint determination that contains the name

of the hospital’s contact person, the steps taken on the patient’s

behalf to investigate the complaint, the results of the complaint

and, when possible, the resolution of the complaint concerning the

quality of care;

16. To examine and receive an explanation of his or her bill

regardless of source of payment;

17. To remain free from restraints or seclusion in any forms

that are not medically necessary or are used as a means of coercion,

discipline, convenience, or retaliation by staff;

18. To receive the visitors whom he or she designates,

including, but not limited to, a spouse, a domestic partner, another

family member, or a friend. The patient has the right to withdraw

or deny consent at any time. Visitation shall not be restricted,

limited, or otherwise denied on the basis of race, color, national

origin, religion, sex, or disability; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1602

19. For a patient who is a Medicare beneficiary, to be

informed, through use of the hospital-issued notice of noncoverage,

in advance of procedures or treatment for which Medicare may deny

payment, including a statement that the beneficiary may be

personally responsible for full payment if Medicare denies payment.

B. A patient, guardian of a patient, or legally authorized

representative of a patient shall have the following

responsibilities:

1. To provide accurate and complete information concerning the

patient’s present complaints, past illnesses, hospitalizations,

medications, and other matters relating to his or her health;

2. To report perceived risks in the patient’s care and

unexpected changes in his or her condition to the responsible health

care provider;

3. For the patient’s actions should he or she refuse treatment

or not follow his or her doctor’s orders;

4. To ask questions when the patient does not understand what

he or she has been told about the patient’s care or what he or she

is expected to do;

5. To be considerate of the rights of other patients and

hospital personnel;

6. To participate in educational and discharge planning

activities necessary to ensure that he or she has adequate knowledge

and support services to provide him or her with a safe environment

upon discharge from the hospital;

7. To ask the doctor or nurse what to expect regarding pain

management, to discuss pain relief options with doctors and nurses

and to help develop a pain management plan, to ask for pain relief

when pain first begins, to help doctors and nurses assess the

patient’s pain, to tell the doctors and nurses if his or her pain is

not relieved, and to tell doctors and nurses about any concerns

about taking pain medication;

8. To keep appointments and to notify the hospital or doctor

when he or she is unable to do so;

9. To be respectful of his or her personal property and that of

other patients in the hospital;

10. To follow hospital procedures; and

11. To ensure that the financial obligations of his or her care

are fulfilled as promptly as possible.

C. Any minor patient has the following rights when being

treated in this state:

1. To be treated with respect in regards to:

a. each child and adolescent as a unique individual, and

b. the caretaking role and individual response of the

parent and legal guardian;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1603

2. To provisions for normal physical and physiological needs of

a growing child including nutrition, rest, sleep, warmth, activity,

and freedom to move and explore. Minors shall have the right to:

a. appropriate treatment in the least restrictive

setting,

b. not receive unnecessary or excessive medication,

c. an individualized treatment plan and the right to

participate in the plan,

d. a humane treatment environment that provides

reasonable protection from harm and appropriate

privacy for personal needs,

e. separation from adult patients when possible, and

f. regular communication between the minor patient and

the patient’s family or legal guardian;

3. To consistent, supportive, and nurturing care;

4. To provisions for self-esteem needs which shall be met by

attempts to give the minor:

a. the reassuring presence of a parent or legal guardian,

b. freedom to express feelings or fears with appropriate

reactions,

c. as much control as possible over both self and

situation,

d. opportunities to work through experiences before and

after they occur, verbally, in play, or in other

appropriate ways, and

e. recognition for coping well during difficult

situations;

5. To provisions for varied and normal stimuli of life which

contribute to cognitive, social, emotional, and physical

developmental needs such as play and educational and social

activities essential to all children and adolescents;

6. To information about what to expect prior to, during, and

following a procedure or experience and support in coping with it;

7. To participate in decisions with a parent or legal guardian

affecting his or her own medical treatment; and

8. To the minimization of stay duration by recognizing

discharge planning needs.

D. Notwithstanding subsection C, parents or legal guardians

have the final say in their minor child’s medical care as specified

in Section 2002 of Title 25 of the Oklahoma Statutes, subject to the

provisions of Title 63 of the Oklahoma Statutes.

E. Each parent or legal guardian of minor patients in this

state shall have the following responsibilities:

1. To continue in his or her parenting role to the extent of

his or her ability; and

2. To be available to participate in decision-making and

provide staff with knowledge of other parent or family whereabouts.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1604
Okla. Stat. tit. 63, § 63-2-417 — OK Code / Title 63 / Section 63-2-417
Drug Abuse Education Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the State Board of Education to be designated the "Drug Abuse

Education Revolving Fund". The fund shall be a continuing fund, not

subject to fiscal year limitations, and shall consist of fines

collected pursuant to the Trafficking in Illegal Drugs Act. All

Oklahoma Statutes - Title 63. Public Health and Safety Page 1006

monies accruing to the credit of said fund are hereby appropriated

and may be budgeted and expended by the State Board of Education for

drug abuse education programs. Expenditures from said fund shall be

made upon warrants issued by the State Treasurer against claims

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

Management and Enterprise Services for approval and payment.
Okla. Stat. tit. 63, § 63-2419 — OK Code / Title 63 / Section 63-2419
Collection of revenues to cease under certain conditions
Status: in_force

If the revenues collected under this act exceed the costs of

operating the program provided for in this act, and if such excess

at any time equals the three-year average of expenditures under this

act then such collections shall cease until one half of such surplus

has been exhausted.
Okla. Stat. tit. 63, § 63-2-107 — OK Code / Title 63 / Section 63-2-107
Bureau of Narcotics Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control to be designated the "Bureau of Narcotics Revolving Fund".

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

limitations, and shall consist of any monies received from the sale

of surplus and confiscated property, fees and receipts collected

pursuant to the Oklahoma Open Records Act, gifts, bequests, devises,

contributions or grants, public or private, including federal funds

unless otherwise provided by federal law or regulation, registration

fees and receipts relating to prescription pads and receipts from

any other source. All monies accruing to the credit of said fund

are hereby appropriated and may be budgeted and expended by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control for

general operations of the agency. Expenditures from said fund shall

be made upon warrants issued by the State Treasurer against claims

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

Management and Enterprise Services for approval and payment.
Okla. Stat. tit. 63, § 63-4210.10 — OK Code / Title 63 / Section 63-4210.10
Qualified persons to withdraw blood
Status: in_force

A. Only a licensed medical doctor, licensed osteopathic

physician, licensed chiropractic physician, registered nurse,

licensed practical nurse, or physician's assistant, certified by the

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

Osteopathic Examiners or Board of Chiropractic Examiners; an

employee of a hospital or other health care facility authorized by

the hospital or health care facility to withdraw blood; or other

qualified person authorized by the Board of Tests for Alcohol and

Drug Influence acting at the request of a law enforcement officer,

may withdraw blood for purpose of having a determination made of its

concentration of alcohol or the presence or concentration of other

intoxicating substance. Only qualified persons authorized by the

Board of Tests for Alcohol and Drug Influence may collect breath,

saliva or urine, or administer tests of breath under the provisions

of this section.

B. If the person authorized to withdraw blood as specified in

subsection A of this section is presented with a written statement:

1. Authorizing blood withdrawal signed by the person whose

blood is to be withdrawn;

2. Signed by a duly authorized peace officer that the person

whose blood is to be withdrawn has agreed to the withdrawal of

blood;

3. Signed by a duly authorized peace officer that the person

whose blood is to be withdrawn has been placed under arrest and that

the officer has probable cause to believe that the person, while

intoxicated, has operated a vessel in such manner as to have caused

the death or serious physical injury of another person, or the

person has been involved in a boating collision and has been removed

from the scene of the collision that resulted in the death or great

bodily injury of any person, as defined in subsection B of Section

646 of Title 21 of the Oklahoma Statutes, to a hospital or other

health care facility outside the State of Oklahoma before the law

enforcement officer was able to effect an arrest for such offense;

or

4. In the form of an order from a district court that blood be

withdrawn, the person authorized to withdraw the blood and the

hospital or other health care facility where the withdrawal occurs

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

has consented to or has been required to submit to the clinical

procedure and shall not require the person to sign any additional

consent or waiver form. In such a case, the person authorized to

perform the procedure, the employer of such person, and the hospital

or other health care facility shall not be liable in any action

alleging lack of consent or lack of informed consent.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1676

C. No person specified in subsection A of this section, no

employer of such a person, and no hospital or other health care

facility where blood is withdrawn shall incur any civil or criminal

liability as a result of the proper withdrawal of blood when acting

at the request of a law enforcement officer by the provisions of

Section 3 or 5 of this act, or when acting in reliance upon a signed

statement or court order as provided in this section, if the act is

performed in a reasonable manner according to generally accepted

clinical practice. No person specified in subsection A of this

section shall incur any civil or criminal liability as a result of

the proper collection of breath, saliva or urine when acting at the

request of a law enforcement officer under the provisions of Section

3 or 5 of this act or when acting pursuant to a court order.

D. The blood, breath, saliva or urine specimens obtained shall

be tested by the appropriate test as determined by the Board of

Tests for Alcohol and Drug Influence, or tested by a laboratory that

is exempt from the Board rules pursuant to Section 759 of Title 47

of the Oklahoma Statutes, to determine the alcohol concentration

thereof, or the presence and concentration of any other intoxicating

substance which might have affected the ability of the person tested

to operate a vessel safely.

E. When blood is withdrawn or saliva or urine is collected for

testing of its alcohol concentration or other intoxicating substance

presence or concentration, at the request of a law enforcement

officer, a sufficient quantity of the same specimen shall be

obtained to enable the tested person, at his or her own option and

expense, to have an independent analysis made of such specimen. The

excess blood, saliva or urine specimen shall be retained by a

laboratory approved by the Board of Tests for Alcohol and Drug

Influence, in accordance with the rules and regulations of the

Board, or by a laboratory that is exempt from the Board rules

pursuant to Section 759 of Title 47 of the Oklahoma Statutes, for

sixty (60) days from the date of collection. At any time within

that period, the tested person or his or her attorney may direct

that such blood, saliva or urine specimen be sent or delivered to a

laboratory of his or her own choosing and approved by the Board for

an independent analysis. Neither the tested person, nor any agent

of such person, shall have access to the additional blood, saliva or

urine specimen prior to the completion of the independent analysis,

except the analyst performing the independent analysis and agents of

the analyst.

F. When a test of breath is performed for the purpose of

determining the alcohol concentration thereof, except when such test

is performed by means of an automated analyzer as designated by the

Board of Tests for Alcohol and Drug Influence, a sufficient quantity

of breath, or of the alcohol content of a fixed or measured quantity

of breath, shall be obtained, in accordance with the rules and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1677

regulations of the Board to enable the tested person, at his or her

own option and expense, to have an independent analysis made of such

specimen. The excess specimen of breath, or of its alcohol content,

shall be retained by the law enforcement agency employing the

arresting officer, in accordance with the rules and regulations of

the Board, for sixty (60) days from the date of collection. At any

time within that period, the tested person, or his or her attorney,

may direct that such specimen be sent or delivered to a laboratory

of his or her own choosing and approved by the Board for an

independent analysis. Neither the tested person, nor any agent of

such person, shall have access to the additional specimen of breath,

or of its alcohol content, prior to the completion of the

independent analysis thereof, except the analyst performing the

independent analysis and agents of the analyst.

G. The costs of collecting blood, breath, saliva or urine

specimens for the purpose of determining the alcohol or other

intoxicating substance thereof, by or at the direction of a law

enforcement officer, shall be borne by the law enforcement agency

employing such officer. The cost of collecting, retaining and

sending or delivering to an independent laboratory the excess

specimens of blood, breath, saliva or urine for independent analysis

at the option of the tested person shall also be borne by such law

enforcement agency. The cost of the independent analysis of such

specimen of blood, breath, saliva or urine shall be borne by the

tested person at whose option such analysis is performed. The

tested person, or his or her agent, shall make all necessary

arrangements for the performance of such independent analysis other

than the forwarding or delivery of such specimen.

H. Tests of blood or breath for the purpose of determining the

alcohol concentration thereof, and tests of blood, saliva or urine

for the purpose of determining the presence or concentration of any

other intoxicating substance therein, under the provisions of this

section, whether administered by or at the direction of a law

enforcement officer or administered independently, at the option of

the tested person, on the excess specimen of such person's blood,

breath, saliva or urine, to be considered valid and admissible in

evidence under the provisions of this section, shall have been

administered or performed in accordance with the rules and

regulations of the Board of Tests for Alcohol and Drug Influence, or

performed by a laboratory that is exempt from the Board rules

pursuant to Section 759 of Title 47 of the Oklahoma Statutes.

I. Any person who has been arrested for any offense arising out

of acts alleged to have been committed while the person was

operating or in actual physical control of a vessel while under the

influence of alcohol, any other intoxicating substance or the

combined influence of alcohol and any other intoxicating substance,

who is not requested by a law enforcement officer to submit to a

Oklahoma Statutes - Title 63. Public Health and Safety Page 1678

test, shall be entitled to have an independent test of his or her

blood, breath, saliva or urine, which is appropriate as determined

by the Board of Tests for Alcohol and Drug Influence for the purpose

of determining its alcohol concentration or the presence or

concentration of any other intoxicating substance therein, performed

by a person of his or her own choosing who is qualified as

stipulated in this section. The arrested person shall bear the

responsibility for making all necessary arrangements for the

administration of such independent test and for the independent

analysis of any specimens obtained, and bear all costs thereof. The

failure or inability of the arrested person to obtain an independent

test shall not preclude the admission of other competent evidence

bearing upon the question of whether such person was under the

influence of alcohol, or any other intoxicating substance or the

combined influence of alcohol and any other intoxicating substance.

J. Any agency or laboratory certified by the Board of Tests for

Alcohol and Drug Influence or any agency or laboratory that is

exempt from the Board rules pursuant to Section 759 of Title 47 of

the Oklahoma Statutes, which analyzes breath, blood, or urine shall

make available a written report of the results of the test

administered by or at the direction of the law enforcement officer

to:

1. The tested person, or his or her attorney;

2. The Commissioner of Public Safety; and

3. The Fatality Analysis Reporting System (FARS) analyst of the

state, upon request.

The results of the tests provided for in this section shall be

admissible in civil actions.
Okla. Stat. tit. 63, § 63-1-746.3 — OK Code / Title 63 / Section 63-1-746.3
Printed materials to provide information
Status: in_force

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

Board of Medical Licensure and Supervision shall cause to be

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

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

shall cause to be available on the state website provided for in

Section 4 of this act, the following printed materials in such a way

as to ensure that the information is easily comprehensible:

geographically indexed materials designed to inform the female who

has been told her unborn child has a fetal anomaly incompatible with

life of public and private agencies and services available to her

which offer perinatal hospice and palliative care if she chooses to

continue her pregnancy. The material shall include a comprehensive

list of the agencies available, a description of the services they

offer, and a description of the manner, including telephone numbers,

in which they might be contacted or, at the option of the Board,

printed materials including a toll-free, twenty-four-hour-a-day

telephone number which may be called to obtain, orally, such a list

and description of agencies in the locality of the caller and of the

services they offer.

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

shall be printed in a typeface large enough to be clearly legible.

The website provided for in Section 4 of this act shall be

maintained at a minimum resolution of 70 DPI (dots per inch). All

letters on the website shall be a minimum of 11-point font. All

information shall be accessible with an industry standard browser,

requiring no additional plug-ins.

C. The materials required under this section shall be available

at no cost from the Board upon request and in appropriate number to

any person, facility or hospital.
Okla. Stat. tit. 63, § 63-1-2004.1 — OK Code / Title 63 / Section 63-1-2004.1
Renumbered as § 2-7-106 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-229.19 — OK Code / Title 63 / Section 63-1-229.19
Sale of tobacco products except in original, sealed
Status: in_force

packaging prohibited – Fine – Municipal ordinances.

A. It is unlawful for any person to sell cigarettes except in

the original, sealed package in which they were placed by the

manufacturer.

B. When a person violates subsection A of this section, the

Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose

Oklahoma Statutes - Title 63. Public Health and Safety Page 139

an administrative fine of not more than Two Hundred Dollars

($200.00) for each offense.

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

enforce ordinances prohibiting and penalizing conduct under

provisions of this section, but the provisions of such ordinances

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

enforcement provisions under such ordinances shall not be more

stringent than those of this section.
Okla. Stat. tit. 63, § 63-5026.1 — OK Code / Title 63 / Section 63-5026.1
Annual review of all medications and forms of treatment
Status: in_force

for sickle cell disease.

A. The Oklahoma Health Care Authority shall conduct an annual

review of all medications and forms of treatment for sickle cell

disease and services for enrollees with a diagnosis of sickle cell

disease. The purpose of the annual review is to determine if the

available covered medications, treatments, and services are adequate

to meet the needs of enrollees with a diagnosis of sickle cell

disease, and whether the Authority should seek to add or recommend

additional medications, treatments, or services.

B. The review shall include, but not be limited to:

1. The extent to which healthcare transitional programs covered

under the state Medicaid program prepare, transfer, and integrate

emerging adults into the adult care setting from a pediatric

setting;

2. The extent to which emergency department providers are

adequately trained and otherwise prepared to treat and manage sickle

cell patients presenting with vaso-occlusive crises including but

not limited to the extent to which providers follow clinically

Oklahoma Statutes - Title 63. Public Health and Safety Page 1728

validated algorithms and protocols regarding such treatment and

management;

3. The extent to which sickle cell patients covered under the

state Medicaid program are entitled to receive the same standard of

care when referred or transferred to an out-of-state facility, and

the extent to which the state reimburses such patients for

reasonable interstate travel costs; and

4. Any additional areas identified by the Authority that impact

the care and treatment of individuals in this state living with

sickle cell disease or sickle cell trait.

C. When conducting the annual review required by this section,

the Authority shall solicit and consider input from the general

public, with specific emphasis on seeking input from persons or

groups with knowledge and experience in the area of sickle cell

disease treatment.

D. To the extent practicable, the Authority shall utilize the

Oklahoma State Health Information Network and Exchange created under

Section 1-133 of Title 63 of the Oklahoma Statutes to collect

information for the purpose of implementing this section.

E. On or before January 15, 2023, and on or before January 15

each year thereafter, the Authority shall submit a report to the

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

Representatives for distribution to the appropriate subject matter

committees that details the Authority's findings from the annual

review required by this section and any recommendations to the

Legislature based upon those findings. The Authority shall publish

the annual report required by this subsection to its website in a

manner accessible by the general public.
Okla. Stat. tit. 63, § 63-1-1914.8 — OK Code / Title 63 / Section 63-1-1914.8
Informal dispute resolution - Procedure
Status: in_force

A. 1. In all informal dispute resolution cases except record

review, the State Department of Health shall present the initial

arguments.

2. The facility shall then present its arguments.

B. 1. The informal dispute resolution shall be limited to no

more than two (2) hours in length, with each party being permitted

one (1) hour to present its arguments.

2. However, the impartial decision maker may grant each party

additional equal time for good cause as determined by the impartial

decision maker.

C. 1. Rules of evidence or procedure shall not apply to the

informal dispute resolution except as provided in this section.

2. The impartial decision maker may:

a. accept any information that the impartial decision

maker deems material to the issue being presented, and

b. reject any information that the impartial decision

maker deems immaterial to the issue being presented.

D. 1. The informal dispute resolution may not be recorded.

2. However, the impartial decision maker may make written or

recorded notes of the arguments.

E. Only employees of the facility, attending physicians of

residents of the facility at the time of the deficiency, pharmacists

providing medications to residents of the facility at the time of

the deficiency, and consultant pharmacists or nurse consultants

utilized by the facility, or the medical director of the facility

may appear or participate in the informal dispute resolution for, or

on the behalf of, the facility.

F. Only employees of the Department may appear or participate

at the meeting for, or on behalf of, the Department.

Oklahoma Statutes - Title 63. Public Health and Safety Page 691

G. The State Long-Term Care Ombudsman, or designee, may appear

at, or participate in, the meeting.

H. No party may be represented by an attorney.
Okla. Stat. tit. 63, § 63-1-1964 — OK Code / Title 63 / Section 63-1-1964
Contents, coverage and scope of rules
Status: in_force

The State Commissioner of Health shall promulgate rules

necessary to implement the provisions of the Home Care Act. Such

rules shall include, but shall not be limited to:

1. Minimum standards for home care services. In establishing

such standards, the Commissioner shall consider those standards

adopted by state and national home care associations;

2. Requirements for the certification and renewal certification

of home health aides and home care agency administrators;

3. Provisions for transfer of ownership of a licensed agency;

4. A requirement that each licensed agency create and disclose

to its clients a statement of clients' rights and responsibilities;

5. Establishing continuing education requirements for renewal

of certifications for home care agency administrators;

6. Requirements for financial resources to ensure a home care

agency's ability to provide adequate home care services;

Oklahoma Statutes - Title 63. Public Health and Safety Page 788

7. Standards for assessing an applicant's business and

professional experience as demonstrated in prior health care

provider operations including, but not limited to, nursing homes,

residential care homes, and home care and in previous compliance

with all lawful orders of suspension, receivership, administrative

penalty or sanction issued by the State Department of Health or by

other administrative agencies in other states with similar

responsibilities;

8. Restrictions on any agency, agency employee, or agency

contractor providing skilled care or conducting an in-home

assessment of the need for skilled care unless and until the agency

receives a healthcare provider's order to provide skilled care or to

conduct an in-home assessment of the need for skilled care;

provided, however, such restrictions shall not prevent an agency

from providing personal care to a client without a healthcare

provider's order. Provided further, such restrictions shall not

apply to in-home assessments of home and community-based waiver

clients in the state Medicaid program;

9. Restrictions on any agency, agency employee, or agency

contractor soliciting, coercing, or harassing a consumer of home

care services or who may need home care services; and

10. Standards or other provisions which do not conflict with

any federal requirements relating to the federal Medicaid and

Medicare programs.
Okla. Stat. tit. 63, § 63-1-539.3 — OK Code / Title 63 / Section 63-1-539.3
Uniform rules to be promulgated by certain state
Status: in_force

agencies.

A. By March 1, 2004, each of the state agencies specified in

subsection C of this section shall have promulgated uniform

emergency rules and shall have submitted proposed permanent uniform

rules to the Governor and Legislature pursuant to the Administrative

Procedures Act for the use of needleless systems and engineered

sharps injury protection in this state. Specifically the uniform

rules shall require:

1. That each public or private health care facility or location

have a written exposure control plan for risk exposure to bloodborne

pathogens;

2. That sharps prevention technology be included as engineering

or work practice controls in high exposure areas, except in cases

where the employer or other appropriate party can demonstrate

circumstances in which the technology does not promote employee or

patient safety or interferes with a medical procedure. Those

circumstances shall be specified in the control plan, and shall

Oklahoma Statutes - Title 63. Public Health and Safety Page 237

include, but not be limited to, circumstances where the technology

is medically contraindicated or not more effective than alternative

measures used by the employer to prevent exposure incidents in high

exposure areas;

3. That the written exposure control plans include an effective

procedure for identifying and selecting existing sharps prevention

technology in high exposure areas;

4. That a written exposure control plan be updated when

necessary to reflect progress in implementing the sharps prevention

technology specified by the Committee and promulgated by rule of the

regulating agency;

5. That information concerning exposure incidents be recorded

in a sharps injury log, including, but not limited to, the type and

brand of device involved in the incident; and

6. Such other requirements deemed necessary by the Needlestick

Injury Prevention Committee.

B. The failure of any agency to promulgate rules consistent

with the provisions of the Needlestick Injury Prevention Act shall

be reported by the Committee in writing to the Speaker of the House

of Representatives and the President Pro Tempore of the Senate.

C. Each of the following agencies shall promulgate uniform

rules and procedures for the use of needleless systems and

engineered sharps injury protection in compliance with the

provisions of the Needlestick Injury Prevention Act:

1. The State Department of Health; and

2. The State Department of Labor.

D. Upon notification by the Committee that the use of sharps

prevention technology is adequate, the rule-making agency shall

rescind rules promulgated pursuant to the provisions of the

Needlestick Injury Prevention Act.
Okla. Stat. tit. 63, § 63-3131.2 — OK Code / Title 63 / Section 63-3131.2
Legislative intent
Status: in_force

It is the intention of the Legislature to recognize that the

existence of do-not-resuscitate identification or consent correctly

expresses the will of any person who bears it and that foreign

Oklahoma Statutes - Title 63. Public Health and Safety Page 1499

courts recognize this expression and give full faith and credit to

do-not-resuscitate identification or consent.
Okla. Stat. tit. 63, § 63-1-890.2 — OK Code / Title 63 / Section 63-1-890.2
Definitions
Status: in_force

As used in the Continuum of Care and Assisted Living Act:

1. "Assisted living center" means any home or establishment

offering, coordinating or providing services to two or more persons

who:

a. are domiciled therein,

b. are unrelated to the operator,

c. by choice or functional impairments, need assistance

with personal care or nursing supervision,

d. may need intermittent or unscheduled nursing care,

e. may need medication assistance, and

f. may need assistance with transfer and/or ambulation;

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

3. "Commissioner" means the Commissioner of Health;

4. "Continuum of care facility" means a home, establishment or

institution providing nursing facility services as defined in

Section 1-1902 of this title and one or both of the following:

a. assisted living center services as defined in the

Continuum of Care and Assisted Living Act, and

b. adult day care center services as defined in Section

1-872 of this title; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 548

5. “Department” means the State Department of Health.
Okla. Stat. tit. 63, § 63-1-733 — OK Code / Title 63 / Section 63-1-733
Self-induced abortions
Status: in_force

No woman shall perform or induce an abortion upon herself,

except under the supervision of a duly licensed physician. Any

physician who supervises a woman in performing or inducing an

abortion upon herself shall fulfill all the requirements of this

article which apply to a physician performing or inducing an

abortion. Any person violating the provisions of this section shall

be guilty of a Class D2 felony offense.
Okla. Stat. tit. 63, § 63-5023 — OK Code / Title 63 / Section 63-5023
Adjustment of per diem rate – Medicaid savings
Status: in_force

Effective January 1, 2000, and every January thereafter, the

Oklahoma Health Care Authority will adjust the nursing facility per

diem rate in an amount equal to the total amount of the savings to

the Medicaid program as a result of the automatic cost-of-living

adjustment on Social Security benefits received by nursing home

recipients, as published in the Federal Register.
Okla. Stat. tit. 63, § 63-479 — OK Code / Title 63 / Section 63-479
Violations - Penalty
Status: in_force

Any official failing in any duty prescribed by the provisions of

this article shall be deemed guilty of a misdemeanor and shall, upon

conviction, be fined in any sum not less than ten dollars nor more

than five hundred dollars, and in addition thereto may be removed

from office. R.L. 1910 Sec. 6985.
Okla. Stat. tit. 63, § 63-1-738.3j — OK Code / Title 63 / Section 63-1-738.3j
Interpretation of act
Status: in_force

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

recognizing a right to abortion.

B. Nothing in this act shall apply to a hospital as defined in

Section 1-701 of Title 63 of the Oklahoma Statutes which has a

dedicated emergency department as defined in 42 CFR 489.24b.
Okla. Stat. tit. 63, § 63-1-1454 — OK Code / Title 63 / Section 63-1-1454
Restrictions for certification - Application
Status: in_force

A. On and after May 1, 2002, except for a physician, any person

intending to perform medical micropigmentation in this state shall

first be certified by the State Department of Health.

B. The State Commissioner of Health shall not issue a

certificate or renew a certificate to perform medical

micropigmentation to a person who has:

1. Been convicted of or pled guilty or nolo contendere to a

felony crime that substantially relates to the practice of medical

micropigmentation and poses a reasonable threat to public safety;

2. Been determined to have engaged in unprofessional conduct as

defined by the rules promulgated by the State Board of Health;

Oklahoma Statutes - Title 63. Public Health and Safety Page 625

3. Made a materially false or fraudulent statement in an

application or other document relating to certification pursuant to

the provisions of the Oklahoma Medical Micropigmentation Regulation

Act; or

4. Had a health-related license, certificate, or permit

suspended, revoked or not renewed or had any other disciplinary

action taken, or had an application for a health-related license,

certificate, or permit refused by a federal, state, territory, or

District of Columbia regulatory authority for intentionally

falsifying information.

C. In order to qualify for certification, an applicant shall:

1. Have received a high school diploma or its equivalent;

2. Be at least twenty-one (21) years of age; and

3. Have submitted a completed application to the Department in

such form as required by the Department which shall include a

notarized copy of:

a. the certificate of birth of the applicant,

b. the applicant's driver license or other similar form

of identification,

c. other professional credentials, if applicable, and

d. proof, in such form as the Department determines

appropriate, of the satisfactory completion of a

program of training and testing approved by the

Department as specified in Section 1-1455 of this

title.

D. Upon meeting the requirements of the Oklahoma Medical

Micropigmentation Regulation Act and rules promulgated pursuant

thereto, the State Commissioner of Health shall issue a certificate

to perform medical micropigmentation to the applicant.

E. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.
Okla. Stat. tit. 63, § 63-1-1971 — OK Code / Title 63 / Section 63-1-1971
Home Health Care Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the State Department of Health, to be designated as the "Home

Health Care Revolving Fund". Said fund shall be a continuing fund

not subject to fiscal year limitations. The fund shall consist of

all monies collected pursuant to the provisions of Section 1-1965

and Section 1-1966 of this title. All monies accruing to said fund

are hereby appropriated and shall be budgeted and expended by the

State Department of Health for licensure and regulation of home care

agencies and branch offices. Expenditures from said fund shall be

made upon warrants issued by the State Treasurer against claims

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

Management and Enterprise Services for approval and payment.
Okla. Stat. tit. 63, § 63-1-2216 — OK Code / Title 63 / Section 63-1-2216
Promulgation of rules by Attorney General — Advisory
Status: in_force

capacity of State Council on Aging and Adult Protective Services.

A. The Attorney General shall promulgate rules regarding:

1. The powers and official duties of the State Long-Term Care

Ombudsman consistent with applicable federal law and rules or as

provided by the Long-Term Care Ombudsman Act;

2. Minimum qualifications for persons to serve as

representatives of the Office of the State Long-Term Care Ombudsman;

3. Initial and continuing training requirements for ombudsman

staff and volunteers which shall provide for a minimum of eighteen

(18) hours of continuing education relevant to the care of the aging

and disabled;

4. The minimum number of visits that must be made by an

ombudsman to the assigned facilities;

5. The proper documentation and reporting of visits made to

facilities by the ombudsman;

6. Procedures to ensure that officers, employees, or other

representatives of the Office are not subject to a conflict of

interest which would impair their ability to carry out their

official duties in an impartial manner; and

7. The disclosure by the State Long-Term Care Ombudsman or area

or local Ombudsman entities of files maintained by the State Long-

Term Care Ombudsman Program. Such rules shall:

a. provide that such files and records may be disclosed

only at the discretion of the State Long-Term Care

Ombudsman or the person designated by the State Long-

Term Care Ombudsman to disclose the files and records,

and

b. prohibit the disclosure of the identity of any

complainant or resident with respect to whom the

Office maintains such files or records unless:

(1) the complainant or resident, or the legal

representative of the complainant or resident,

consents to the disclosure and the consent is

given in writing,

(2) (a) the complainant or resident gives consent

orally, and

(b) the consent is documented contemporaneously

in a writing made by a State Long-Term Care

Ombudsman representative of the Office in

Oklahoma Statutes - Title 63. Public Health and Safety Page 812

accordance with such rules as the Attorney

General shall promulgate, or

(3) the disclosure is required by court order.

B. The Oklahoma State Council on Aging and Adult Protective

Services, established by the Department of Human Services to review,

monitor, and evaluate programs targeted to older persons, shall

serve in an advisory capacity to the State Long-Term Care Ombudsman

through establishment of a committee with equal provider and

consumer representation.
Okla. Stat. tit. 63, § 63-1-310 — OK Code / Title 63 / Section 63-1-310
Forms of records
Status: in_force

(a) In order to promote and maintain uniformity in the system of

vital statistics, the forms of certificates, reports and other

returns required by this article, or by regulations adopted

hereunder, shall include as a minimum the items recommended by the

federal agency responsible for national vital statistics, subject to

approval of and modification by the State Commissioner of Health.

(b) Each certificate, report and form required to be filed under

this article shall have entered upon its face the date of

registration duly attested.
Okla. Stat. tit. 63, § 63-2551 — OK Code / Title 63 / Section 63-2551
Short title
Status: in_force

This act shall be known and may be cited as "The Uniform Duties

to Disabled Persons Act."
Okla. Stat. tit. 63, § 63-1-2305 — OK Code / Title 63 / Section 63-1-2305
Renumbered as § 2-10-802 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 814
Okla. Stat. tit. 63, § 63-1-270.2 — OK Code / Title 63 / Section 63-1-270.2
Human embryo – Stem cell research – Reporting system
Status: in_force

A. For the purposes of the Advancement in Stem Cell Cures and

Therapies Act, "human embryo" means a living organism of the species

Homo sapiens at the earliest stage of development, including the

single-cell stage, that is not located in the body of a woman.

B. Research on human tissue regeneration and human diseases

using adult stem cells and stem cells obtained from umbilical cord

blood and amniotic fluid may be conducted in this state, provided

that the research is performed:

1. Safely and ethically;

2. Only on embryonic stem cell lines created prior to August 1,

2001, and in accordance with federal law as it existed on November

1, 2007; and

3. Without the use of a human embryo, including a human embryo

produced using cloning technology.

C. When research is performed in accordance with the

Advancement in Stem Cell Cures and Therapies Act, a person or

governmental body shall not:

1. Restrict public funds designated for the stem cell research;

or

2. Obstruct or provide disincentives for the stem cell

research.

D. The State Department of Health shall establish a reporting

system that collects information regarding all activities carried

out in accordance with this section.

E. The Department shall submit a report with all information

collected pursuant to subsection D of this section to the Governor,

the Speaker of the Oklahoma House of Representatives, and the

Oklahoma Statutes - Title 63. Public Health and Safety Page 167

President Pro Tempore of the Oklahoma State Senate no later than

December 31 of each year.

F. Provided that there is no stem cell research to report that

year, the Department does not need to file a report.
Okla. Stat. tit. 63, § 63-1-2505 — OK Code / Title 63 / Section 63-1-2505
Licensed personnel - Levels of care
Status: in_force

Personnel licensed in the following levels of care may perform

as designated under their classification:

1. "Emergency medical technician (EMT)" means an individual

licensed by the State Department of Health following completion of a

standard basic emergency medical technician training program

approved by the Department, who has met such other standards of

competence and character as may be required, and who has passed a

standard licensing examination of knowledge and skill, administered

by the Department or other entity designated by the Department. The

licensed emergency medical technician is allowed to perform such

skills as may be designated by the Department;

2. "Intermediate emergency medical technician (IEMT)" means an

individual licensed as an EMT, who has completed an intermediate

training program approved by the Department, who has met such other

standards of competence and character as may be required, and who

has passed a standard licensing examination of knowledge and skill

Oklahoma Statutes - Title 63. Public Health and Safety Page 828

administered by the Department or other entity designated by the

Department. The intermediate emergency medical technician is

allowed to perform such skills as may be designated by the

Department;

3. "Advanced emergency medical technician (AEMT)" means an

individual licensed as an emergency medical technician or

intermediate emergency medical technician who has completed an AEMT

training program approved by the Department, who has met such other

standards of competence and character as may be required, and who

has passed a standard licensing examination of knowledge and skills

administered by the Department or other entity designated by the

Department. The advanced emergency medical technician is allowed to

perform such skills as may be designated by the Department;

4. "Community paramedic" means an individual who meets the

provisions of paragraph 5 of this section and:

a. possesses two (2) years of full-time service as a

paramedic or its part-time equivalent, and

b. completes a training program from an entity approved

by the Department; and

5. "Paramedic", including community paramedic, means an

individual licensed as an EMT, IEMT or AEMT, who has completed a

standard paramedic training program, who has met such other

standards of competence and character as may be required, and who

has passed a standard licensing examination of knowledge and skill

administered by the Department or other entity designated by the

Department. The paramedic is allowed to perform such skills as may

be designated by the Department.
Okla. Stat. tit. 63, § 63-1-740.14 — OK Code / Title 63 / Section 63-1-740.14
Injunctions or restraining orders – Enforcement of
Status: in_force

provisions.

If some or all of the provisions of Sections 1-740.2 and 1-740.3

of Title 63 of the Oklahoma Statutes, as amended by Sections 1 and 3

of this act, are ever temporarily or permanently restrained or

enjoined by judicial order, these sections shall be enforced as

though such restrained or enjoined provisions had not been adopted;

provided, however, that whenever such temporary or permanent

restraining order or injunction is stayed or dissolved, or otherwise

ceases to have effect, such provisions shall have full force and

effect.
Okla. Stat. tit. 63, § 63-1-1950.4a — OK Code / Title 63 / Section 63-1-1950.4a
Uniform employment application for nurse aides -
Status: in_force

Providing false information - Penalties.

A. It shall be unlawful for any person to provide false

information regarding a criminal conviction on the uniform

employment application for nurse aides. The State Department of

Health shall amend the uniform employment application to include a

statement informing the applicant of this provision.

B. Any violation of the provisions of subsection A of this

section shall constitute a misdemeanor. Every violator, upon

conviction, shall be punished by a fine not to exceed Five Hundred

Dollars ($500.00), by imprisonment in the county jail for a term of

not more than one (1) year, or by both such fine and imprisonment.
Okla. Stat. tit. 63, § 63-4251 — OK Code / Title 63 / Section 63-4251
Short title
Status: in_force

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

Motor Chop Shop, Stolen and Altered Property Act".
Okla. Stat. tit. 63, § 63-142.3 — OK Code / Title 63 / Section 63-142.3
Filing of notice - Participation by municipality in
Status: in_force

statewide one-call notification center.

All operators of underground facilities shall participate in the

statewide one-call notification center and shall have on file with

the notification center a notice that such operator has underground

facilities, the county or counties where such facilities are

located, and the address and telephone number of the person or

persons from whom information about such underground facilities may

be obtained. A municipality shall participate in the statewide one-

call notification center as provided for in this section.
Okla. Stat. tit. 63, § 63-2075 — OK Code / Title 63 / Section 63-2075
Fees
Status: in_force

Fees collected in family planning centers shall be forwarded to

the State Department of Health, and shall be deposited in the Public

Oklahoma Statutes - Title 63. Public Health and Safety Page 1342

Health Special Fund, and expended as is now provided by statute, or

as may be provided in the future. Provided, however, that where

family planning centers are a part of the services of a county,

district, cooperative or city-county department of health the State

Commissioner of Health may direct that such fees be deposited with

the county treasurer of the county where the center is located, and

the Commissioner may direct that such fees be added to a specified

item or items of appropriations for the county, district,

cooperative or city-county health department, and no further action

or appropriation by the county excise board shall be required to

make such funds available for expenditure.
Okla. Stat. tit. 63, § 63-1-229.12 — OK Code / Title 63 / Section 63-1-229.12
Definitions
Status: in_force

As used in the Prevention of Youth Access to Tobacco Act:

1. "Nicotine product" means any product that contains nicotine

extracted or isolated from plants, vegetables, fruit, herbs, weeds,

genetically modified organic matter, or that is synthetic in origin

and is intended for human consumption; provided, however, this term

Oklahoma Statutes - Title 63. Public Health and Safety Page 132

shall not include products approved by the United States Food and

Drug Administration for smoking cessation;

2. "Person" means any individual, firm, fiduciary, partnership,

corporation, trust, or association, however formed;

3. "Proof of age" means a driver license, license for

identification only, or other generally accepted means of

identification that describes the individual as twenty-one (21)

years of age or older and contains a photograph or other likeness of

the individual and appears on its face to be valid;

4. "Sample" means a tobacco product, nicotine product or vapor

product distributed to members of the public at no cost for the

purpose of promoting the product;

5. "Sampling" means the distribution of samples to members of

the public in a public place;

6. "Tobacco product" means any product that contains tobacco

and is intended for human consumption;

7. "Transaction scan" means the process by which a seller

checks, by means of a transaction scan device, the validity of a

driver license or other government-issued photo identification;

8. "Transaction scan device" means any commercial device or

combination of devices used at a point of sale or entry that is

capable of deciphering in an electronically readable format the

information encoded on the magnetic strip or bar code of a driver

license or other government-issued photo identification; and

9. "Vapor product" shall mean noncombustible products, that may

or may not contain nicotine, that employ a mechanical heating

element, battery, electronic circuit, or other mechanism, regardless

of shape or size, that can be used to produce a vapor in a solution

or other form. "Vapor products" shall include any vapor cartridge

or other container with or without nicotine or other form that is

intended to be used with an electronic cigarette, electronic cigar,

electronic cigarillo, electronic pipe, or similar product or device

and any vapor cartridge or other container of a solution, that may

or may not contain nicotine, that is intended to be used with or in

an electronic cigarette, electronic cigar, electronic cigarillo or

electronic device. "Vapor products" do not include any products

regulated by the United States Food and Drug Administration under

Chapter V of the Food, Drug, and Cosmetic Act.
Okla. Stat. tit. 63, § 63-4030 — OK Code / Title 63 / Section 63-4030
Permanent number system for vessels
Status: in_force

A. 1. Service Oklahoma shall, and each federally recognized

Indian tribe of this state may, develop and implement a permanent

number system for vessels which is consistent with United States

Coast Guard statutes and regulations. The system shall be effective

upon the effective date of this act.

2. Except as otherwise provided by this section, every vessel

on the waters of this state shall display the permanent number

assigned to it by Service Oklahoma or by a federally recognized

Indian tribe of this state, which number shall not be obliterated,

erased, mutilated, removed or missing.

3. In order to ensure that:

a. a permanent number issued by a federally recognized

Indian tribe of this state conforms to federal

Oklahoma Statutes - Title 63. Public Health and Safety Page 1635

statutory and regulatory requirements of the United

States Coast Guard, and

b. the rights prescribed in paragraph 2 of this

subsection are extended to every federally recognized

Indian tribe of this state,

every vessel on the waters of this state assigned a permanent number

by a federally recognized Indian tribe of this state which issues

permanent numbers shall be recorded and maintained by Service

Oklahoma in the same manner as Service Oklahoma records and

maintains the permanent number of vessels on the waters of this

state which are assigned by Service Oklahoma.

B. The vessels authorized to display a number other than that

required by the provisions of the Oklahoma Vessel and Motor

Registration Act are:

1. A documented vessel, provided that such vessel is currently

registered, is displaying both current registration decals, and the

name, hailing port and official federal documentation number

assigned to it are displayed on the vessel according to federal law

or federal rules and regulations;

2. A vessel from a country other than the United States

temporarily using the waters of this state;

3. A vessel from another state owned by an out-of-state

resident using the waters of this state;

4. A vessel whose owner is the United States, a state or a

subdivision thereof; provided, however, if such vessel is used for

recreational or rental purposes on the public waters of this state,

that vessel shall display the permanent number assigned to it by

Service Oklahoma;

5. A vessel that is used exclusively and solely for racing

purposes;

6. A vessel that is used exclusively and solely as a lifeboat;

and

7. A commercial flotation device which is assigned a permit by

the Scenic Rivers Commission pursuant to the provisions of Sections

1461 et seq. of Title 82 of the Oklahoma Statutes.

C. Except as otherwise provided for in this section, every

vessel and every outboard motor on the waters of this state shall

display the current registration decals or decal assigned to it by

Service Oklahoma. The outboard motor registration decal shall be

affixed to the upper portion of the motor cowling in such a manner

that approximately one-half (1/2) of the decal is displayed on the

left side of the motor cowling extending toward the rear of the

motor cowling. Vessel registration decals shall be:

1. Affixed on each side of the forward half of the vessel; and

2. In line with and within six (6) inches aft of the permanent

number.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1636

D. The owner of any vessel issued a permanent number pursuant

to the provisions of the Oklahoma Vessel and Motor Registration Act,

Section 4002 et seq. of this title, shall place on or attach to the

vessel the permanent number in such manner that it may be clearly

visible. The permanent number shall:

1. Be maintained in legible condition;

2. Be painted, applied as a decal, or otherwise affixed to each

side of the forward half of the vessel in contrasting color to the

background, as high above the waterline as is practical;

3. Read from left to right;

4. Be comprised of numbers and letters printed in block style

of at least three (3) inches in height and one-half (1/2) inch in

stroke width; and

5. Have spaces or hyphens that are equal to the width of a

letter other than "I" or a number other than "1" between the letter

and number groupings.

No other similar numbers shall be displayed on either side of the

forward half of the vessel.

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

or fishing tubes.

F. Service Oklahoma shall adopt rules for the placement of the

registration decal in an alternate location for antique boats. In

this subsection, "antique boat" means a boat that:

1. Is used primarily for recreational purposes; and

2. Was manufactured before 1968.

Such rules shall allow vessels registered as antique boats to

display the registration decal on the left portion of the

windshield. In the absence of a windshield, the rules shall allow

operators of antique boats to attach the registration decal to the

certificate of registration and make such decal and certificate

available for inspection when the boat is operated on public water.
Okla. Stat. tit. 63, § 63-1-1930.3 — OK Code / Title 63 / Section 63-1-1930.3
Powers and duties of receiver – Liability - Limited
Status: in_force

duration license.

A. The court may appoint any qualified person as a receiver,

except it shall not appoint any owner or affiliate of the facility

which is in receivership as its receiver. The State Department of

Health shall maintain a list of such persons to operate facilities

which the court may consider.

B. The receiver shall make provisions for the continued health,

safety and welfare of all residents of the facility.

C. A receiver appointed under this section shall exercise those

powers and shall perform those duties set out by the court. These

powers and duties may include those generally ascribed to receivers

and receiverships and may also include the powers and duties of

trustees under the 1978 Bankruptcy Code. The court shall provide

for the receiver to have sufficient power and duties to ensure that

the residents receive adequate care.

D. All funds due to the facility from any source during the

pendency of the receivership shall be made available to the receiver

who shall use the funds to assure the health and safety of the

facility’s residents.

E. A receiver may be held liable in a personal capacity only

for the receiver’s own gross negligence, intentional acts or

breaches of fiduciary duty.

Oklahoma Statutes - Title 63. Public Health and Safety Page 727

F. Other provisions of this section notwithstanding, the

Department may issue a license to a facility placed in receivership.

The duration of a license issued under this section is limited to

the duration of the receivership.
Okla. Stat. tit. 63, § 63-4217.3 — OK Code / Title 63 / Section 63-4217.3
Abandoned vessels – Regaining possession
Status: in_force

The owner of a vessel or lienholder of the vessel abandoned in

violation of Section 4217 of Title 63 of the Oklahoma Statutes, or

the owner of any vessel or lienholder of the vessel or insurer of a

vessel when the insurer has purchased the vessel as a total loss

vessel from the registered owner which shall have been lawfully

removed from any waters of this state or other public property may

regain possession of the vessel in accordance with rules of the

Department of Public Safety upon payment of the reasonable cost of

removal and storage of the vessel. The cost of removal and storage

shall be paid to the wrecker or towing service. An operator shall

release the vessel from storage upon authorization from the owner,

agent or lienholder of the vessel or, in the case of a total loss,

the insurer of the vessel where the vessel is to be moved to an

insurance pool yard for sale.
Okla. Stat. tit. 63, § 63-1-2420 — OK Code / Title 63 / Section 63-1-2420
Renumbered as § 2-10-204 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1905 — OK Code / Title 63 / Section 63-1-1905
Application fee - Form and display of license - Renewal
Status: in_force

- Transfer of ownership or operation of facility - Conditional

license - Liability of transferor - Unannounced inspections.

A. An application for a license, or renewal thereof, to operate

a facility shall be accompanied by a fee of Ten Dollars ($10.00) for

each bed per year included in the maximum bed capacity at such

Oklahoma Statutes - Title 63. Public Health and Safety Page 672

facility, except that any facility operated by the Oklahoma

Department of Veterans Affairs shall be exempt from the fee. All

licenses shall be on a form prescribed by the State Commissioner of

Health, which shall include, but not be limited to, the maximum bed

capacity for which it is granted and the date the license was

issued. The license shall:

1. Not be transferable or assignable;

2. Be posted in a conspicuous place on the licensed premises;

3. Be issued only for the premises named in the application;

and

4. Expire three (3) years from the date of issuance, provided

an initial license shall expire one hundred eighty (180) days after

the date of issuance. Licenses may be issued for a period of more

than twelve (12) months, but not more than thirty-six (36) months,

for the license period immediately following the effective date of

this provision in order to permit an equitable distribution of

license expiration dates.

B. The fee for a license amendment to reflect an increase in

bed capacity shall be prorated based on the number of days remaining

in the licensure period and the change in the number of beds, except

that any facility operated by the Oklahoma Department of Veterans

Affairs shall be exempt from the fee.

C. The issuance or renewal of a license after notice of a

violation has been sent shall not constitute a waiver by the State

Department of Health of its power to rely on the violation as the

basis for subsequent license revocation or other enforcement action

under this act arising out of the notice of violation.

D. 1. When transfer of ownership or operation of a facility is

proposed, the transferee shall notify the Department of the transfer

and apply for a new license at least thirty (30) days prior to final

transfer.

2. The transferor shall remain responsible for the operation of

the facility until such time as a license is issued to the

transferee.

3. The license granted to the transferee shall be subject to

the plan of correction submitted by the previous owner and approved

by the Department and any conditions contained in a conditional

license issued to the previous owner. If there are outstanding

violations and no approved plan of correction has been implemented,

the Department may issue a conditional license and plan of

correction as provided in this act.

4. The transferor shall remain liable for all penalties

assessed against the facility which are imposed for violations

occurring prior to transfer of ownership.

E. Nursing and specialized facilities, as defined and licensed

pursuant to the Nursing Home Care Act shall be surveyed through an

Oklahoma Statutes - Title 63. Public Health and Safety Page 673

unannounced inspection at least once every fifteen (15) months, with

a statewide average survey cycle of twelve (12) months.
Okla. Stat. tit. 63, § 63-1-851 — OK Code / Title 63 / Section 63-1-851
Public policy as to development of long-term services
Status: in_force

The Legislature hereby declares that it is the public policy of

the State of Oklahoma that the offering and development of long-term

care services should be made in a planned, orderly and economical

manner consistent with and appropriate to services needed by people

in various regions, districts or localities in the State of

Oklahoma, and that it is essential to the realization of this public

policy that the offering and development of long-term care services

in the state be made in accordance with the needs for such services.

It is the purpose of the Legislature in enacting this act to further

this public policy by providing for the submittal of plans and

applications, and by prohibiting the offering, development or change

of existing services prior to the issuance of a certificate of need

by the State Department of Health.
Okla. Stat. tit. 63, § 63-142.7 — OK Code / Title 63 / Section 63-142.7
Use of powered or mechanized equipment - Exemptions
Status: in_force

A. Except as provided in subsection B of this section, powered

or mechanized equipment shall not be used directly over marked

routes of underground facilities until the precise location of the

underground facilities has been determined by the excavator, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1087

then only after the facilities have been exposed and properly

protected to avoid damage to them. If the precise location of the

underground facilities cannot be determined by the excavator, the

operator thereof shall be notified by the excavator so that the

operator can determine the precise location of the underground

facilities prior to continuing excavation or demolition.

B. The only exception to the prohibition of the use of powered

or mechanized equipment directly over marked routes of underground

facilities shall be for the removal of pavement or masonry, and then

only to the depth of such pavement or masonry.
Okla. Stat. tit. 63, § 63-128.4 — OK Code / Title 63 / Section 63-128.4
Transportation of nitroglycerine in or near city, town
Status: in_force

or village.

It shall be unlawful for any person, partnership, or corporation

to haul, transport or cause to be hauled or transported in any

manner, any nitroglycerin over, across, or upon any street, alley or

highway of any city, town or village, or any highway or lands within

one-fourth (1/4) mile of any city, town or village within this

state.
Okla. Stat. tit. 63, § 63-2154 — OK Code / Title 63 / Section 63-2154
Statement of benefits from donation of blood
Status: in_force

Every hospital or blood donor organization shall furnish the

donor, preceding or at the time of a blood donation, a concise,

complete, written statement as to any benefits which may arise from

his donation of blood.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1344

This statement shall include, at least, the agency policy

regarding blood replacement, financial benefit, if any, for blood

program participation and designation of who shall be the recipient

of any such financial benefit.
Okla. Stat. tit. 63, § 63-684.34 — OK Code / Title 63 / Section 63-684.34
Regulatory authority
Status: in_force

The State Board of Health may promulgate rules to implement the

Uniform Emergency Volunteer Health Practitioners Act. In doing so,

the State Department of Health shall consult with and consider the

recommendations of the entity established to coordinate the

implementation of the Emergency Management Assistance Compact and

shall also consult with and consider rules promulgated by similarly

empowered agencies in other states to promote uniformity of

application of the Uniform Emergency Volunteer Health Practitioners

Act and make the emergency response systems in the various states

reasonably compatible.
Okla. Stat. tit. 63, § 63-1-2005.3A — OK Code / Title 63 / Section 63-1-2005.3A
Renumbered as § 2-7-121 of Title 27A by Laws 1993,
Status: in_force

c. 145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1430 — OK Code / Title 63 / Section 63-1-1430
Forced implantation of microchip or permanent mark
Status: in_force

prohibited.

A. No person, state, county, or local governmental entity or

corporate entity may require an individual to undergo the implanting

of a microchip or permanent mark of any kind or nature upon the

individual.

B. The State Department of Health may impose a fine not to

exceed Ten Thousand Dollars ($10,000.00) on any person who violates

this act. Each day of continued violation shall constitute a

separate offense.
Okla. Stat. tit. 63, § 63-1068 — OK Code / Title 63 / Section 63-1068
Bonds
Status: in_force

An authority shall have power to issue bonds from time to time,

in its discretion, for any of its corporate purposes. It shall also

have power to issue refunding bonds for the purpose of paying or

retiring bonds previously issued by it. An authority may issue such

types of bonds as it may determine, including, without limiting the

generality of the foregoing, bonds on which the principal and

interest are payable:

(a) exclusively from the income and revenues of the project

financed with the proceeds of such bonds;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1322

(b) exclusively from the income and revenues of certain

designated projects whether or not they are financed in whole or in

part with the proceeds of such bonds; or

(c) from its revenues generally.

Any such bonds may be additionally secured by a pledge of any loan,

grant, or contributions, or parts thereof, from the federal

government or other source, or a pledge of any income or revenues of

the authority.

Neither the members of an authority nor any person executing the

bonds shall be liable personally on the bonds by reason of the

issuance thereof. The bonds and other obligations of an authority,

and such bonds and obligations shall so state on their face, shall

not be a debt of the city or county, or of the state or any

political subdivision thereof, and neither the city or county nor

the state or any political subdivision thereof shall be liable

thereon, and in no event shall such bonds or obligations be payable

out of any funds or properties other than those of the authority.

The bonds shall not constitute an indebtedness within the meaning of

any constitutional or statutory debt limitation or restriction.

Bonds of an authority are declared to be issued for an essential

public and governmental purpose and to be public instrumentalities

and, together with interest thereon and income therefrom, shall be

exempt from taxes. The provisions of this act exempting from

taxation the properties of an authority and its bonds and interest

thereon and income therefrom shall be considered part of the

contract for the security of the bonds and shall have the force of

contract, by virtue of this act and without the necessity of the

same being restated in said bonds, between the bondholders and each

and every one thereof, including all transferees of said bonds from

time to time on the one hand and an authority and the state on the

other.
Okla. Stat. tit. 63, § 63-1-818.24 — OK Code / Title 63 / Section 63-1-818.24
Renumbered as § 1430.24 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-4034 — OK Code / Title 63 / Section 63-4034
Fees
Status: in_force

The schedule of license fees to be charged and received by

Service Oklahoma for the licenses issued pursuant to Section 4033 of

this title shall be as follows:

1. For the license issued initially to each dealer of new

vessels or new motors, the fee shall be Two Hundred Dollars

($200.00) per location licensed. In addition to the license fee, a

Ten Dollar ($10.00) fee per dealer agreement for each such vessel or

motor sold at each location licensed shall be charged. The annual

renewal fee shall be One Hundred Dollars ($100.00) per location per

year. Any changes in the make of vessels or motors sold at any

location licensed shall be specified in the renewal application. A

fee of Ten Dollars ($10.00) per location shall be charged for such

additional dealer agreement for each such vessel or motor sold; and

2. For the license issued initially to each dealer of used

vessels or motors, the fee shall be Fifty Dollars ($50.00) per each

location licensed with an annual renewal fee of Fifty Dollars

($50.00) per location per year.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1642
Okla. Stat. tit. 63, § 63-1-227.1 — OK Code / Title 63 / Section 63-1-227.1
Definitions
Status: in_force

As used in the Child Abuse Prevention Act:

1. "Child abuse prevention" means services and programs

designed to prevent the occurrence or recurrence of child abuse and

neglect as defined in Section 1-1-105 of Title 10A of the Oklahoma

Statutes but as limited by Section 844 of Title 21 of the Oklahoma

Statutes. Except for the purpose of planning and coordination

pursuant to the provisions of the Child Abuse Prevention Act, the

services and programs of the Department of Human Services which are

mandated by state law or which are a requirement for the receipt of

federal funds with regard to deprived, destitute or homeless

children shall not be subject to the provisions of the Child Abuse

Prevention Act;

2. "Primary prevention" means programs and services designed to

promote the general welfare of children and families;

3. "Secondary prevention" means the identification of children

who are in circumstances where there is a high risk that abuse will

occur and assistance, as necessary and appropriate, to prevent abuse

or neglect from occurring;

4. "Tertiary prevention" means those services provided after

abuse or neglect has occurred which are designed to prevent the

recurrence of abuse or neglect;

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

6. "Director" means the Director of the Office of Child Abuse

Prevention;

7. "Office" means the Office of Child Abuse Prevention;

8. "Commission" means the Oklahoma Commission on Children and

Youth; and

9. "Child Abuse Prevention Fund" means the revolving fund

established pursuant to Section 1-227.8 of this title.
Okla. Stat. tit. 63, § 63-686.5 — OK Code / Title 63 / Section 63-686.5
Emergency interim successor defined - Qualification -
Status: in_force

Tenure.

An emergency interim successor is one who is designated for

possible temporary succession to the powers and duties, but not the

office, of a legislator. No person shall be designated or serve as

an emergency interim successor unless he may, under the Constitution

and statutes hold the office of the legislator to whose powers and

duties he is designated to succeed, but no constitutional or

statutory provision prohibiting a legislator from holding another

office or prohibiting the holder of another office from being a

legislator shall be applicable to an emergency interim successor. An

emergency interim successor shall serve at the pleasure of the

legislator designating him or of any subsequent incumbent of the

legislative office.
Okla. Stat. tit. 63, § 63-1-209 — OK Code / Title 63 / Section 63-1-209
Cities and towns - Health authorities - Licensing and
Status: reserved

Inspection - Ordinances.

A. 1. Except as may be otherwise provided by city charter, the

governing board of each city or incorporated town shall serve, ex

officio, as the board of health for such city or town, and shall

appoint, and fix the duties and compensation of, a health officer

and other personnel to enforce the ordinances of such city or town

relating to public health.

2. Except as otherwise provided by this subsection, the

governing board may adopt such ordinances and rules as it deems

necessary for the protection of the public health, provided such

ordinances and rules are not inconsistent with state laws or rules

of the State Board of Health. The governing board shall enforce

such laws and rules as may be required by the State Commissioner of

Health and may, by agreement with the medical director of the county

Oklahoma Statutes - Title 63. Public Health and Safety Page 107

or district department of health, delegate to such department the

authority to enforce ordinances of the city or town relating to

public health. Except as otherwise provided by law, responsibility

for licensing, regulation and inspection of nursing facilities and

specialized facilities, as defined in the Nursing Home Care Act and

for enforcement of state health and safety standards applicable to

such facilities, shall be reserved to the State Department of Health

and shall be exercised pursuant to the provisions of the Nursing

Home Care Act.

3. Except as otherwise provided by law, responsibility for the

licensing and inspection of any establishment where food or drink is

offered for sale or sold, in accordance with the provisions of

Section 1-1118 of this title, and for the enforcement of state

health and safety standards applicable to such establishments, shall

be reserved to the State Department of Health. Any such rules

adopted by a governing body of a city or town relating to an

establishment where food or drink is offered for sale or sold shall

not be more stringent than the rules for such establishments adopted

by the State Board of Health; provided, that rules adopted prior to

May 31, 2008, which directly relate to training and permit

requirements for food managers and food handlers and fees related to

such establishments shall, in addition to the license fee required

by the State Board of Health, be exempt from the provisions of this

subsection.

B. The governing board of each city or incorporated town may

adopt and enforce such ordinances as it deems necessary for the

protection of the environment, provided such ordinances are not

inconsistent with state laws or rules of the Environmental Quality

Board. The governing board may, by agreement with the Department of

Environmental Quality, delegate to the local representative of the

Department of Environmental Quality the authority to investigate

ordinances of the city or town relating to the environment and

submit such investigative results to the clerk of the city or town.
Okla. Stat. tit. 63, § 63-2-503.1e — OK Code / Title 63 / Section 63-2-503.1e
Use of money services business for unlawful acts
Status: in_force

A. Any person who knowingly or intentionally uses a money

services business, as defined by the Oklahoma Financial Transaction

Reporting Act, or an electronic funds transfer network for any

purpose in violation of Section 2-503.1 of this title or Sections 2-

503.1a through 2-503.1i of this title, or with intent to facilitate

any violation of the Uniform Controlled Dangerous Substances Act or

any statute of the United States relating to controlled substances,

or to commit any other crime shall be guilty, upon conviction, of a

Class C2 felony offense and shall be punished by imprisonment as

provided for in subsections B through F of Section 20M of Title 21

of the Oklahoma Statutes.

B. Any person who, by or through a money services business, as

defined in the Oklahoma Financial Transaction Reporting Act, or an

electronic funds transfer network, knowingly transmits, exchanges,

or processes any securities or negotiable instruments for any

purpose in violation of Section 2-503.1 of this title or Sections 2-

503.1a through 2-503.1i of this title shall be guilty, upon

conviction, of a Class C2 felony offense and shall be punished by

imprisonment as provided for in subsections B through F of Section

20M of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-683.16 — OK Code / Title 63 / Section 63-683.16
Restriction on employment - Loyalty oath
Status: in_force

No person shall be employed in any capacity in any emergency

management organization who advocates or has advocated a change by

force or violence in the constitutional form of the government of

the United States or in this state or the overthrow of any

government in the United States by force or violence, or who has

been convicted of or is under indictment or information charging any

subversive act against the United States. Each person who is

appointed to serve in an organization of emergency management shall,

before entering upon employment duties, take the Oklahoma Loyalty

Oath, in writing, before a person authorized to administer oaths in

this state.
Okla. Stat. tit. 63, § 63-1-724 — OK Code / Title 63 / Section 63-1-724
Health centers – Contracts, donations, and grants
Status: in_force

A. The State Department of Health is authorized to enter into

contracts, based on the availability of funding, to promote the

establishment of new facilities in Oklahoma which will qualify as

federally qualified health centers (FQHC) or federally qualified

look-alike community health centers, as defined by 42 U.S.C.,

Section 13986d(1)(2)(B) including:

1. Contracts to provide for community planning and development;

2. Contracts to provide for grants or grant writing to apply

for federal 330 FQHC funding; and

3. Contracts for transitional operating support.

B. The State Department of Health is authorized to accept

donations of land, property, buildings, equipment and gifts of money

or other objects of value for the purpose of establishing or

expanding federally qualified health centers.

C. The State Department of Health is authorized to utilize

grant funds, donations and other funds made available to the

Department for the purpose of establishing or expanding federally

qualified health centers, to the extent funds are available.

D. The State Department of Health may enter into agreements

with public or private entities as necessary for the purpose of

establishing new federally qualified health centers.
Okla. Stat. tit. 63, § 63-1-1440 — OK Code / Title 63 / Section 63-1-1440
Recodified as § 5-4.1 of Title 2 by Laws 2017, c. 85, §
Status: in_force

3, eff. Nov. 1, 2017.
Okla. Stat. tit. 63, § 63-3101.9 — OK Code / Title 63 / Section 63-3101.9
Physician or health care provider unwilling to comply
Status: in_force

with act.

An attending physician or other health care provider who is

unwilling to comply with the Oklahoma Advance Directive Act shall as

promptly as practicable take all reasonable steps to arrange care of

the declarant by another physician or health care provider when the

declarant becomes a qualified patient. Once a patient has

established a physician-patient relationship with a physician or a

provider-patient relationship with another health care provider, if

the physician or other health care provider refuses to comply with a

medical treatment decision made by or on behalf of the patient

pursuant to the Oklahoma Advance Directive Act, or with a medical

treatment decision made by such a patient who has decision-making

capacity, and if the refusal would in reasonable medical judgment be

likely to result in the death of the patient, then the physician or

other health care provider must comply with the medical treatment

decision pending the completion of the transfer of the patient to a

physician or health care provider willing to comply with the

decision. Nothing in this section shall require the provision of

treatment if the physician or other health care provider is

physically or legally unable to provide or is physically or legally

unable to provide without thereby denying the same treatment to

another patient. Nothing in this section may be construed to alter

any legal obligation or lack of legal obligation of a physician or

other health care provider to provide medical treatment, nutrition,

or hydration to a patient who refuses or is unable to pay for them.
Okla. Stat. tit. 63, § 63-1-1990.9 — OK Code / Title 63 / Section 63-1-1990.9
Definitions
Status: in_force

As used in the Kasey Alert Act:

1. "Alert" or "Kasey Alert" means the statewide Kasey Alert for

critically missing adults;

2. "Ashanti Alert" means the national communications network

established by the Ashanti Alert Act of 2018, Sections 21901 through

21907 of Title 34 of the United States Code;

3. "Critically missing adult" means a person who is at least

eighteen (18) and no older than fifty-nine (59) years of age, whose

whereabouts are unknown and who is believed to have been abducted or

taken against his or her will;

4. "Law enforcement agency" means any law enforcement agency of

the state or any political subdivision thereof, including, but not

limited to, any county sheriff's office, the police departments of

tribal governments, and municipal police departments;

5. "Media outlet" includes, but is not limited to, radio

stations, television stations, newspapers, social media, local

support organizations, and other methods of communicating

information to the public; and

6. "Not Invisible Act of 2019" means the federal law enacted by

United States Congress for the purpose of increasing

intergovernmental coordination to identify and combat violent crime

within Native American lands, Sections 2801 through 2815 of Title 25

of the United States Code.
Okla. Stat. tit. 63, § 63-1-553 — OK Code / Title 63 / Section 63-1-553
Bone marrow donation program
Status: in_force

A. If funds are available, the Oklahoma Medical Center shall

design and implement a statewide general public education program

concerning:

1. The need for bone marrow donors;

2. The procedures required to become registered as a potential

bone marrow donor, including procedures for determining the tissue

type of a person; and

3. The medical procedures a donor must undergo to donate bone

marrow or other sources of blood stem cells.

B. If funds are available, the Oklahoma Medical Center shall

make special efforts to educate and recruit citizens of this state

with a special emphasis on minority populations to volunteer as

potential bone marrow donors. Means of communication may include,

but not be limited to, use of newspapers, radio and television, and

placement of educational materials in appropriate health care

facilities, blood banks and agencies of the state and political

subdivisions of the state. If funds are available, educational

materials shall be provided by the Oklahoma Medical Center to all

places where driver's licenses and licenses for identification only

are issued or renewed.
Okla. Stat. tit. 63, § 63-1-745.16 — OK Code / Title 63 / Section 63-1-745.16
Violations of act - Penalties - Civil actions
Status: in_force

A. Any person who intentionally or recklessly performs or

induces an abortion in violation of the Heartbeat Informed Consent

Act shall be guilty of a misdemeanor. No penalty shall be assessed

against the woman upon whom the abortion is performed or induced or

attempted to be performed or induced.

B. Any woman upon whom an abortion has been performed or

induced in violation of this act, or the father of the unborn child

who was the subject of such an abortion, may maintain an action

against the person who performed or induced the abortion in

intentional or reckless violation of this act for actual and

punitive damages. Any woman upon whom an abortion has been

attempted in violation of this act may maintain an action against

the person who attempted to perform or induce the abortion in an

intentional or reckless violation of this act for actual and

punitive damages.

C. A cause of action for injunctive relief against any person

who has intentionally or recklessly violated this act may be

maintained by the woman upon whom an abortion was performed or

induced in violation of this act; by any person who is the spouse,

parent, sibling, or guardian of, or a current or former licensed

health care provider of, the woman upon whom an abortion has been

performed or induced in violation of this act; by a district

attorney with appropriate jurisdiction; or by the Attorney General.

Oklahoma Statutes - Title 63. Public Health and Safety Page 400

The injunction shall prevent the abortion provider from performing

or inducing further abortions in violation of this act in the state.

D. If judgment is rendered in favor of the plaintiff in an

action described in this section, the court shall also render

judgment for a reasonable attorney fee in favor of the plaintiff

against the defendant.

E. If judgment is rendered in favor of the defendant and the

court finds that the plaintiff's suit was frivolous and brought in

bad faith, the court shall also render judgment for a reasonable

attorney fee in favor of the defendant against the plaintiff.

F. No damages or attorney fee may be assessed against the woman

upon whom an abortion was performed or attempted to be performed or

induced except in accordance with subsection E of this section.
Okla. Stat. tit. 63, § 63-1-746.7 — OK Code / Title 63 / Section 63-1-746.7
Violations - Penalties
Status: in_force

Any person who knowingly or recklessly performs or attempts to

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

Class D2 felony offense. No penalty may be assessed against the

female upon whom the abortion is performed or attempted to be

performed.

No penalty or civil liability may be assessed for failure to

comply with paragraph 1 or 2 of Section 2 of this act or that

portion of paragraph 3 of Section 2 of this act requiring a written

certification that the female has been informed of her opportunity

to review the information referred to in paragraph 1 of Section 2 of

this act unless the Board has made the printed materials available

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

inform the female of her right to review them.
Okla. Stat. tit. 63, § 63-2-330 — OK Code / Title 63 / Section 63-2-330
Notification of seizure – Duty of law enforcement
Status: in_force

agencies.

A. Every law enforcement agency in this state shall notify the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

within ten (10) days of any officer of such agency seizing:

1. Any precursor chemical, as defined in the Precursor

Substances Act, used or allegedly used, in full or in part, to

manufacture any controlled substance; and

2. Any drug paraphernalia relating to an illegal laboratory,

including but not limited to any glassware, instruments, devices,

utensils or other objects or equipment used or allegedly used, in

full or in part, to manufacture any controlled substance.

B. The Bureau may promulgate rules and forms to facilitate the

required notification pursuant to this section.
Okla. Stat. tit. 63, § 63-142.2 — OK Code / Title 63 / Section 63-142.2
Definitions
Status: in_force

As used in the Oklahoma Underground Facilities Damage Prevention

Act:

1. "Certified project" means a project where the public agency

responsible for the public project, in consultation with the

statewide one-call notification center, as part of its procedure,

certifies that the project right-of-way is free and clear of

underground facilities or wherein the public agency responsible for

such project, as part of its procedure, notifies all persons

determined by the public agency to have underground facilities

located within the construction right-of-way and certifies that all

known underground facilities are duly located or noted on the

engineering drawings for the project;

2. "Damage" means any impact upon or removal of support from an

underground facility as a result of explosion, excavation or

demolition which according to the operating practices of the

operator of the underground facilities would necessitate the repair

thereof;

3. "Demolish" means to wreck, raze, render, move or remove a

structure by means of any equipment or explosive;

4. "Demolition" means the act or operation of demolishing a

structure;

5. "Excavate" means to dig, compress or remove earth, rock or

other materials in or on the ground by use of mechanized equipment

or blasting, including, but not necessarily limited to, augering,

boring, backfilling, drilling, grading, pile driving, plowing in,

pulling in, trenching, tunneling and plowing; provided, however,

that neither:

a. the moving of earth by tools manipulated only by human

or animal power, except in a private or public

easement or right-of-way,

b. the moving of earth by tools manipulated only by human

power for burying communication lines of a

communications provider in a private or public

easement or right-of-way when depth is not greater

than twelve (12) inches and within twelve (12) inches

of a communications provider terminal,

c. any form of cultivation for agricultural purposes, nor

any augering, dozing by noncommercial dozer operators

Oklahoma Statutes - Title 63. Public Health and Safety Page 1081

or digging for postholes, farm ponds, land clearing or

other normal agricultural purposes,

d. routine maintenance,

e. work by a public agency or its contractors on a

preengineered project,

f. work on a certified project,

g. work on a permitted project,

h. the opening of a grave in a cemetery,

i. a solid waste disposal site which is a preengineered

project,

j. any individual excavating on his or her own property

and who is not in the excavating business for hire,

except in a private or public easement or right-of-

way, nor

k. any grading or maintenance of county roads that does

not change either the existing road grade or ditch

flow line,

shall be deemed excavation;

6. "Excavation" means the act or operation of excavating;

7. "Excavator" means a person or public agency that intends to

excavate or demolish within this state;

8. "Notification center" means the statewide center currently

known as the Oklahoma One-Call System, Inc., which has as one of its

purposes to receive notification of planned excavation and

demolition in a specified area from excavators, and to disseminate

such notification of planned excavation or demolition to operators

who are members and participants;

9. "Operator" shall mean and include any person or public

agency owning or operating underground facilities;

10. "Permitted project" means a project where a permit for the

work to be performed must be issued by a state or federal agency

and, as a prerequisite to receiving such permit, the applicant must

locate all underground facilities in the area of the work and in the

vicinity of any blasting and notify each owner of such underground

facilities;

11. "Person" includes any individual, partnership, corporation,

association, cooperative, trust or other entity, including a person

engaged as a contractor by a public agency, but not including a

public agency;

12. "Preengineered project" means a public project wherein the

public agency responsible for such project, as part of its

engineering and contract procedures, holds a meeting prior to the

commencement of any construction work on such project in which all

persons, determined by the public agency, in consultation with the

statewide one-call notification center, to have underground

facilities located within the construction area of the project are

invited to attend and given an opportunity to verify or inform the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1082

public agency of the location of their underground facilities, if

any, within the construction area and where the location of all

known underground facilities are duly located or noted on the

engineering drawing and specifications for the project;

13. "Public agency" means the state, or any board, commission,

or agency of the state;

14. "Routine maintenance" means the grading of roads and barrow

or drainage ditches, the removal and replacement of pavement,

including excavation relating thereto and the installation and

maintenance of drainage and bridge facilities, signs, guardrails,

and electrical and communications facilities in or on the public

rights-of-way by a public agency;

15. "Underground facility" means any underground line, cable,

facility, system and appurtenances thereto, for producing, storing,

conveying, transmitting or distributing communication (including

voice, video, or data information), electricity, power, light, heat,

intrastate and interstate gas pipelines, as described in 49 CFR Part

192.1, intrastate and interstate hazardous liquid or carbon dioxide

pipelines, as described in 49 CFR Part 195.1, water (including storm

water), steam, sewage and other commodities and any oil and gas

pipeline located in a private or public easement or right-of-way;

16. "Design" or "survey" means a notice to facility operators

to provide underground facility information during the design or

engineering phase of a project to mitigate potential impact to

existing underground facilities;

17. "Watch and protect" means an operator or its designated

representative is present to observe an excavation within ten (10)

feet of the operator's marking of its existing underground facility;

18. "Pre-excavation meeting request" means a notice to

underground facility operators to participate in scheduled meetings

for the purpose of planning large projects and coordinate resources

accordingly; and

19. "Large projects" are those excavation projects that involve

one of the following:

a. exceeds distances defined in paragraph 5 of subsection

D of Section 142.6 of this title, or

b. estimated duration is more than ninety (90) days.
Okla. Stat. tit. 63, § 63-1-229.2 — OK Code / Title 63 / Section 63-1-229.2
Definitions
Status: in_force

As used in the Oklahoma Tobacco Use Prevention and Cessation

Act:

1. "Contractor" means any public entity, private entity, or

private nonprofit entity to which the State Department of Health,

after recommendation by the Advancement of Wellness Advisory Council

created in Section 44 of this act, has awarded monies from the Fund

for qualified tobacco use prevention or cessation programs;

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

3. "Fund" means the Tobacco Use Reduction Fund established

pursuant to Section 1-229.3 of this title;

4. "Qualified tobacco use prevention or cessation program"

means a program for the prevention or cessation of tobacco use that

meets the criteria set forth in the State Plan for Tobacco Use

Prevention and Cessation;

5. "State Plan" means the State Plan for Tobacco Use Prevention

and Cessation adopted pursuant to Section 1-229.5 of this title; and

6. "Tobacco use" means the consumption of tobacco products by

burning, chewing, inhalation or other forms of ingestion.
Okla. Stat. tit. 63, § 63-1-333 — OK Code / Title 63 / Section 63-1-333
Renumbered as § 396.33 of Title 59 by Laws 2003, c. 57,
Status: in_force

§ 31, emerg. eff. April 10, 2003.Oklahoma Statutes - Title 63. Public Health and Safety Page 5
Okla. Stat. tit. 63, § 63-2200.16A — OK Code / Title 63 / Section 63-2200.16A
Sale or purchase of parts prohibited - Reasonable
Status: in_force

fees.

A. Except as otherwise provided in subsection B of this

section, a person that, for valuable consideration, knowingly

purchases or sells a part for transplantation or therapy if removal

Oklahoma Statutes - Title 63. Public Health and Safety Page 1363

of a part from an individual is intended to occur after the

individual’s death commits a Class D1 felony offense and upon

conviction is subject to a fine of not more than Fifty Thousand

Dollars ($50,000.00), or imprisonment as provided for in subsections

B through F of Section 20N of Title 21 of the Oklahoma Statutes, or

both such fine and imprisonment.

B. A person may charge a reasonable amount for the removal,

processing, preservation, quality control, storage, transportation,

implantation, or disposal of a part.
Okla. Stat. tit. 63, § 63-3293 — OK Code / Title 63 / Section 63-3293
Oklahoma State University Medical Trust Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma State University Medical Trust to be designated the

"Oklahoma State University Medical Trust Revolving Fund". The fund

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

and shall consist of appropriated revenues. All monies accruing to

the credit of the fund are hereby appropriated and may be budgeted

and expended by the Oklahoma State University Medical Trust.
Okla. Stat. tit. 63, § 63-2-608 — OK Code / Title 63 / Section 63-2-608
Headings
Status: in_force

Article and section headings contained in this act shall not

affect the interpretation of the meaning or intent of any provisions

of this act.
Okla. Stat. tit. 63, § 63-2601 — OK Code / Title 63 / Section 63-2601
Definitions
Status: in_force

For the purposes of this act, the following words and phrases

mean:

(a) "Minor" means any person under the age of eighteen (18)

years of age, except such person who is on active duty with or has

served in any branch of the Armed Services of the United States

shall be considered an adult.

(b) "Health professional" means for the purposes of this act

any licensed physician, psychologist, dentist, osteopathic

physician, podiatrist, chiropractor, registered or licensed

practical nurse or physician's assistant.

(c) "Health services" means services delivered by any health

professional including examination, preventive and curative

treatment, surgical, hospitalization, and psychological services,

except abortion or sterilization. Should the health services

include counseling concerning abortion, all alternatives will be

fully presented to the minor. Services in this act shall not

Oklahoma Statutes - Title 63. Public Health and Safety Page 1408

include research or experimentation with minors except where used in

an attempt to preserve the life of that minor, or research as

approved by an appropriate review board involved in the management

of reportable diseases.
Okla. Stat. tit. 63, § 63-3213 — OK Code / Title 63 / Section 63-3213
Employees of University Hospitals Authority - Retirement
Status: in_force

systems.

All employees of the University Hospitals Authority shall be

members of the Oklahoma Public Employees Retirement System or the

Teachers' Retirement System of Oklahoma as appropriate.
Okla. Stat. tit. 63, § 63-1-506 — OK Code / Title 63 / Section 63-1-506
Permission for removal of diseased persons
Status: in_force

No person having a communicable disease shall be removed from

the place where he is sick, to any other place, except in accordance

with rules and regulations of the State Board of Health.
Okla. Stat. tit. 63, § 63-427.19 — OK Code / Title 63 / Section 63-427.19
Medical marijuana research license - Requirements
Status: in_force

A. A medical marijuana research license may be issued to a

person to grow, cultivate, possess and transfer, by sale or

donation, marijuana pursuant to the Oklahoma Medical Marijuana and

Patient Protection Act for the limited research purposes identified

in this section.

B. The annual fee for a medical marijuana research license

shall be Five Hundred Dollars ($500.00) and shall be payable by an

applicant for a medical marijuana research license upon submission

of his or her application to the Oklahoma Medical Marijuana

Authority.

C. A medical marijuana research license may be issued for the

following research purposes:

1. To test chemical potency and composition levels;

2. To conduct clinical investigations of marijuana-derived

medicinal products;

3. To conduct research on the efficacy and safety of

administering marijuana as part of medical treatment;

4. To conduct genomic, horticultural or agricultural research;

and

5. To conduct research on marijuana-affiliated products or

systems.

D. 1. As part of the application process for a medical

marijuana research license, an applicant shall submit to the

Authority a description of the research that the applicant intends

to conduct and whether the research will be conducted with a public

institution or using public money. If the research will not be

conducted with a public institution or with public money, the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1189

Authority shall grant the application if it determines that the

applicant meets the criteria in this section.

2. If the research will be conducted with a public institution

or public money, the Authority shall review the research project of

the applicant to determine if it meets the requirements of this

section and to assess the following:

a. the quality, study design, value or impact of the

project,

b. whether the applicant has the appropriate personnel,

expertise, facilities, infrastructure, funding and

human, animal or other approvals in place to

successfully conduct the project, and

c. whether the amount of marijuana to be grown by the

applicant is consistent with the scope and goals of

the project.

3. If the Authority determines that the research project does

not meet the requirements of this section or assesses the criteria

to be inadequate, the application shall be denied.

E. A medical marijuana research licensee may only transfer, by

sale or donation, marijuana grown within its operation to other

medical marijuana research licensees. The Authority may revoke a

medical marijuana research license for violations of this section

and any other violation of the Oklahoma Medical Marijuana and

Patient Protection Act.

F. A medical marijuana research licensee may contract to

perform research in conjunction with a public higher education

research institution or another medical marijuana research licensee.

G. The growing, cultivating, possessing or transferring, by

sale or donation, of marijuana in accordance with this section and

the rules promulgated pursuant thereto, by a medical marijuana

research licensee shall not be a criminal or civil offense under

state law. A medical marijuana research license shall be issued in

the name of the applicant and shall specify the location in this

state at which the medical marijuana research licensee intends to

operate. A medical marijuana research licensee shall not allow any

other person to exercise the privilege of the license.

H. If the research conducted includes a public institution or

public money, the Authority shall review any reports made by medical

marijuana research licensees under state licensing authority rule

and provide the Authority with its determination on whether the

research project continues to meet research qualifications pursuant

to this section.

I. Submission of an application for a medical marijuana

research license shall constitute permission for entry to and

inspection of the facility of the medical marijuana research

licensee during hours of operation and other reasonable times.

Refusal to permit such entry for inspection shall constitute grounds

Oklahoma Statutes - Title 63. Public Health and Safety Page 1190

for the nonrenewal, suspension, or revocation of the medical

marijuana research license. The Authority, the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State

Bureau of Investigation, and the Attorney General may perform an

unannounced, on-site inspection of the operations and any facility

of the medical marijuana research licensee. If the Authority

receives a complaint concerning noncompliance by a medical marijuana

research licensee, the Authority, the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of

Investigation, and the Attorney General may conduct additional

unannounced, on-site inspections beyond the required biannual

inspections provided for in Section 427.6 of this title. The

Authority shall refer all complaints alleging criminal activity that

are made against a licensed medical marijuana research facility to

appropriate state or local law enforcement authorities.
Okla. Stat. tit. 63, § 63-2200.5A — OK Code / Title 63 / Section 63-2200.5A
Manner of making anatomical gift before donor's death
Status: in_force

A. A donor may make an anatomical gift:

1. By authorizing a statement or symbol indicating that the

donor has made an anatomical gift to be imprinted on the donor’s

driver license or identification card;

2. In a will;

3. During a terminal illness or injury of the donor, by any

form of communication addressed to at least two adults, at least one

of whom is a disinterested witness; or

4. As provided in subsection B of this section.

B. A donor or other person authorized to make an anatomical

gift under Section 4 of this act may make a gift by a donor card or

other record signed by the donor or other person making the gift or

by authorizing that a statement or symbol indicating that the donor

has made an anatomical gift be included on a donor registry. If the

donor or other person is physically unable to sign a record, the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1353

record may be signed by another individual at the direction of the

donor or other person and must:

1. Be witnessed by at least two adults, at least one of whom is

a disinterested witness, who have signed at the request of the donor

or the other person; and

2. State that it has been signed and witnessed as provided in

paragraph 1 of this subsection.

C. Revocation, suspension, expiration, or cancellation of a

driver license or identification card upon which an anatomical gift

is indicated does not invalidate the gift.

D. An anatomical gift made by will takes effect upon the

donor’s death whether or not the will is probated. Invalidation of

the will after the donor’s death does not invalidate the gift.

E. The making of an anatomical gift shall not of itself be

construed to authorize or direct the denial of health care when the

withholding or withdrawal of such health care will result in or

hasten death of the donor.
Okla. Stat. tit. 63, § 63-1-118 — OK Code / Title 63 / Section 63-1-118
Division of Health Care Information - Powers and duties
Status: in_force

A. The Division of Health Care Information is hereby created

within the State Department of Health.

B. The Division shall:

1. Collect from providers health care information for which the

Division has established a defined purpose and a demonstrated

utility that is consistent with the intent of the provisions of

Section 1-117 et seq. of this title;

2. Establish and maintain a uniform health care information

system;

3. Analyze health care data submitted including, but not

limited to, geographic mapping of disease entities;

4. Provide for dissemination of health care data to users and

consumers;

5. Provide for the training and education of information

providers regarding processing and maintenance and methods of

reporting required information;

6. Be authorized to access all state agency health-related data

sets and shall develop mechanisms for the receipt of health care

data to the Division or its agent; provided, however, all provisions

for confidentiality shall remain in place;

7. Provide for the exchange of information with other agencies

or political subdivisions of this state, the federal government or

other states, or agencies thereof. The Division shall collaborate

with county health departments, including the Oklahoma City-County

Health Department and the Tulsa City-County Health Department, in

developing city-county based health data sets;

8. Contract with other public or private entities for the

purpose of collecting, processing or disseminating health care data;

9. Build and maintain the data base; and

10. In an effort to reduce deaths from sudden unexpected death

in epilepsy (SUDEP), develop an information program in the Injury

Prevention Service to be disseminated to the public and licensed

medical professionals to notify individuals with epilepsy of the

danger of SUDEP; and encourage the American Medical Association to

add a Current Procedural Terminology (CPT) Code for epilepsy

education by a medical service professional.

C. 1. The State Board of Health shall adopt rules governing

the acquisition, compilation and dissemination of all data collected

pursuant to the Oklahoma Health Care Information System Act.

2. The rules shall include, but not be limited to:

a. adequate measures to provide system security for all

data and information acquired pursuant to the Oklahoma

Health Care Information System Act,

b. adequate procedures to ensure confidentiality of

patient records,

Oklahoma Statutes - Title 63. Public Health and Safety Page 93

c. charges for users for the cost of data preparation for

information that is beyond the routine data

disseminated by the office, and

d. time limits for the submission of data by information

providers.

D. The Division shall adopt standard nationally recognized

coding systems to ensure quality in receiving and processing data.

E. The Division shall implement mechanisms to encrypt all

personal identifiers contained in any health care data upon

transmission to the State Department of Health, and all such data

shall remain encrypted while maintained in the Department's database

or while used by a contractor.

F. The Division may contract with an organization for the

purpose of data analysis. Any contract or renewal thereof shall be

based on the need for, and the feasibility, cost and performance of,

services provided by the organization. The Division shall require

any data analyzer at a minimum to:

1. Analyze the information;

2. Prepare policy-related and other analytical reports as

determined necessary for purposes of this act; and

3. Protect the encryption and confidentiality of the data.

G. The Board shall have the authority to set fees and charges

with regard to the collection and compilation of data requested for

special reports, and for the dissemination of data. These funds

shall be deposited in the Oklahoma Health Care Information System

Revolving Fund account.

H. The Division may accept grants or charitable contributions

for use in carrying out the functions set forth in the Oklahoma

Health Care Information System Act from any source. These funds

shall be deposited in the Oklahoma Health Care Information System

Revolving Fund.
Okla. Stat. tit. 63, § 63-2-110 — OK Code / Title 63 / Section 63-2-110
Attorneys
Status: in_force

The Director of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control may employ attorneys, who shall be

unclassified employees of the state, or contract with attorneys, as

needed. These attorneys may advise the Director, the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control Commission and

Oklahoma Statutes - Title 63. Public Health and Safety Page 902

Bureau personnel on all legal matters and shall appear for and

represent the Director, the Commission and Bureau personnel in all

administrative hearings and all litigation or other proceedings

which may arise in the discharge of their duties. At the request of

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

Commission, such attorney shall assist the district attorney or the

Attorney General in prosecuting charges of violators of the Uniform

Controlled Dangerous Substances Act or any felony relating to or

arising from a violation of the Uniform Controlled Dangerous

Substances Act. Attorneys for the Bureau who have been certified by

the Council on Law Enforcement Education and Training to carry a

weapon or have been issued a handgun license pursuant to the

provisions of the Oklahoma Self-Defense Act shall be allowed to

carry weapons pursuant to paragraph 3 of subsection A of Section

1272 of Title 21 of the Oklahoma Statutes. These attorneys,

pursuant to this provision, shall not be considered eligible to

participate in the Oklahoma Law Enforcement Retirement System. If a

conflict of interest would be created by such attorney representing

the Director, the Commission or Bureau personnel, additional counsel

may be hired upon approval of the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control Commission.
Okla. Stat. tit. 63, § 63-6405 — OK Code / Title 63 / Section 63-6405
Termination of declaration of emergency by executive
Status: in_force

order – Special Session of State Legislature.

A. The Governor shall terminate the declaration of a state of

catastrophic health emergency by executive order upon finding that

the occurrence of the condition that caused the catastrophic health

emergency no longer poses a high probability of a large number of

deaths in the affected population, a large number of incidents of

serious permanent or long-term disability in the affected

population, or a significant risk of substantial future harm to a

large number of people in the affected population.

B. Notwithstanding any other provision of the Catastrophic

Health Emergency Powers Act, the declaration of a state of

catastrophic health emergency shall be terminated automatically

Oklahoma Statutes - Title 63. Public Health and Safety Page 1771

after thirty (30) days unless renewed by the Governor under the same

standards and procedures set forth in this act. Any such renewal

shall also be terminated automatically after thirty (30) days unless

renewed by the Governor under the same standards and procedures set

forth in the Catastrophic Health Emergency Powers Act.

C. If the Governor declares a catastrophic health emergency,

the State Legislature shall automatically be called into Special

Session at 8:00 a.m. on the morning of the second day following the

date of such declaration for the purpose of concurring with or

terminating the catastrophic health emergency. The State

Legislature by concurrent resolution may terminate a state of

catastrophic health emergency at any time. Thereupon, the Governor

shall by appropriate action end the state of catastrophic health

emergency. Such termination by the State Legislature shall override

any renewal by the Governor.

D. All orders or legislative actions terminating the

declaration of a state of catastrophic health emergency shall

indicate the nature of the emergency, the area or areas threatened,

and the conditions that make possible the termination of the

declaration.
Okla. Stat. tit. 63, § 63-2255.8 — OK Code / Title 63 / Section 63-2255.8
Renumbered as § 1-2409 of Title 63 by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2409 of Title 63

by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-2-805 — OK Code / Title 63 / Section 63-2-805
Approval – Termination date – Reporting – Rules
Status: in_force

A. The State Commissioner of Health shall have the authority to

approve physicians conducting clinical trials performed pursuant to

the provisions of this act. In the event of a substantial violation

of this act, the Commissioner shall provide written notice to the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control and

the Governor. The Governor, upon receipt of a notice from the

Commissioner, shall have the authority to terminate the operations

of a clinical trial found to be in violation of any provision of

this act.

B. The clinical trials and related research authorized by this

act shall adhere to the highest standards of academic research

including, but not limited to, peer review of research conducted

pursuant to this act.

C. Clinical trials and related research authorized by this act

shall conclude no later than December 31, 2017. Nothing in this act

shall be construed as to permit the continuation of clinical trials

after December 31, 2017, without approval by a concurrent resolution

approved by the Legislature expressing approval of such

continuation.

D. The State Commissioner of Health shall submit a report to

the Chair and Vice Chair of the Senate Health and Human Services

Committee, the Chair and Vice Chair of the House Alcohol, Tobacco

Oklahoma Statutes - Title 63. Public Health and Safety Page 1052

and Dangerous Drugs Committee, and the Chair and Vice Chair of the

House Public Health Committee on or before December 31, 2017. Such

report shall include a summary of findings from clinical trials

authorized by this act. The Commissioner shall, upon request by the

Chair and Vice Chair of the Committees specified in this subsection,

make available any data, excluding individual health records,

relating to clinical trials authorized by this act.

E. The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control, the State Board of Health, and the Oklahoma State Regents

for Higher Education shall promulgate rules to implement the

provisions of this act.
Okla. Stat. tit. 63, § 63-3276 — OK Code / Title 63 / Section 63-3276
Oklahoma State University Medical Authority - Powers and
Status: in_force

duties - Applicable statutes.

A. The Oklahoma State University Medical Authority shall have

the power and duty to:

1. Adopt bylaws and promulgate rules for the regulation of its

affairs and the conduct of its business;

2. Adopt an official seal;

3. Maintain an office at a location to be determined by the

Authority;

4. Sue and be sued, subject to the provisions of The

Governmental Tort Claims Act;

5. Enter into cooperative agreements with the Board of Regents

for the Oklahoma Agricultural and Mechanical Colleges for

educational programs, professional staffing, research and other

medical activities;

6. Make and enter into all contracts necessary or incidental to

the performance of its duties and the execution of its powers

pursuant to the Oklahoma State University Medical Authority Act;

7. Purchase or lease equipment, furniture, materials and

supplies, and incur such other expenses as may be necessary to

maintain and operate hospitals or clinics, or to discharge its

duties and responsibilities or to make any of its powers effective;

8. Acquire by purchase, lease, gift, or by any other manner,

and to maintain, use and operate or to contract for the maintenance,

use and operation of or lease of any and all property of any kind,

real, personal, or mixed or any interest therein unless otherwise

provided by the Oklahoma State University Medical Authority Act;

9. Appoint such officers, agents and employees, including but

not limited to attorneys, as it deems necessary and to prescribe

their duties and to fix their compensation;

10. Accept grants from the United States of America, or from

any corporation or agency created or designed by the United States

of America, and, in connection with any grant, to enter into such

agreements as the United States of America or such corporation or

agency may require;

11. Make and issue bonds and to pledge revenues of the

Authority subject to the Oklahoma Bond Oversight and Reform Act.

Nothing in the Oklahoma State University Medical Authority Act shall

authorize the issuance of any bonds of the Authority payable other

than from revenues of the Authority. Funds appropriated to the

Authority shall not be used for issuance of bonds. Authority

revenue bonds issued under the provisions of this act shall not at

any time be deemed to constitute a debt of the state or of any

political subdivision thereof or a pledge of the faith and credit of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1582

the state or of any political subdivision, but such bonds shall be

payable solely from the funds herein provided. Such revenue bonds

shall contain on the face thereof a statement to the effect that

neither the state nor the Authority shall be obligated to pay the

same or the interest thereon except from the revenues of the project

or projects for which they are issued and that neither the faith and

credit nor the taxing power of the state or any political

subdivision thereof is pledged, or may hereafter be pledged, to the

payment of the principal of or the interest on such bonds. The

maximum amount of outstanding bonds at any time shall not exceed

Fifty Million Dollars ($50,000,000.00) unless a greater amount is

expressly approved by the Legislature by a concurrent resolution

adopted prior to commencing any action in anticipation of issuance

of revenue bonds of the Oklahoma State University Medical Authority

for the greater amount;

12. Provide for complete financial audits on all accounts of

the Oklahoma State University Medical Authority and to authorize

periodic audits by an independent external auditing agency. Such

audits shall be performed annually in a format approved by the State

Auditor and Inspector, and all such audits shall be submitted to the

State Auditor and Inspector for review. Such audits shall be made

in accordance with generally accepted auditing standards and

government auditing standards. Financial statements shall be

prepared in accordance with generally accepted accounting

principles. In addition to said audits, whenever the State Auditor

and Inspector deems it appropriate, and at least once each five (5)

years, or upon receipt of a request to do so from the Governor, the

Attorney General, the President Pro Tempore of the Oklahoma State

Senate, the Speaker of the Oklahoma House of Representatives or the

Authority, the State Auditor and Inspector shall conduct a special

audit of the Authority;

13. Engage in long-term planning for the operation and

management of the Authority;

14. Establish petty cash funds and provide for appropriate

accounting procedures and controls;

15. Contract with national manufacturers and distributors of

drugs and medical supplies when appropriate to carry out the

purposes of this act;

16. Provide funding to other entities for purposes related to

public health, teaching, research, and the purposes of the Oklahoma

State University Medical Authority Act when provided funding for

such purposes by the Legislature;

17. Do all other things necessary and proper to implement the

provisions of the Oklahoma State University Medical Authority Act;

18. Waive, by such means as the Authority deems appropriate,

the exemption from federal income taxation of interest on the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1583

Authority’s bonds provided by the Internal Revenue Code of 1986, as

amended, or any other federal statute providing a similar exemption;

19. Arrange for guaranties or insurance of its bonds by the

federal government or by any private insurer, and to pay any

premiums therefor; and

20. Make a declaration of necessity as provided in Section 3273

of this title. The Authority may, in its exclusive judgment, make a

declaration of necessity when such a declaration is deemed necessary

to effectuate the purposes of the Oklahoma State University Medical

Authority Act.

B. The Oklahoma State University Medical Authority shall be

subject to the Oklahoma Budget Law of 1947.

C. The Authority shall prepare monthly a “budget vs. actual”

report which shows by budget activity the monthly and year-to-date

revenues and expenditures compared to budgeted revenues and

expenditures. Such report shall be submitted to the Office of

Management and Enterprise Services and to the Directors of the House

of Representatives Fiscal Division and the Senate Fiscal Division.

D. The Authority shall be subject to the professional risk

management program provided for in Section 85.58A of Title 74 of the

Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-2505.2 — OK Code / Title 63 / Section 63-1-2505.2
Emergency Medical Personnel Death Benefit Revolving
Status: in_force

Fund.

There is hereby created in the State Treasury a revolving fund

for the State Department of Health to be designated the "Emergency

Medical Personnel Death Benefit 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 the fees imposed pursuant to Section 1-2505.3 of this title.

All monies accruing to the credit of said fund are hereby

appropriated and may be budgeted and expended by the State

Department of Health for the purpose of making death benefit

payments to the named beneficiary or personal representative of a

deceased licensed emergency medical personnel or certified emergency

medical responder pursuant to Section 1-2505.1 of this title.

Expenditures from said fund shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 63, § 63-947 — OK Code / Title 63 / Section 63-947
Certificate of death
Status: in_force

A. The certification of death of any person whose death is

investigated under Section 931 et seq. of this title shall be made

by the Chief Medical Examiner or his or her designee upon a medical

examiner death certificate provided by the State Registrar of Vital

Statistics. Such death certificates shall be valid only when signed

by the Chief Medical Examiner or his or her designee. Copies of all

such certificates shall be forwarded immediately upon receipt by the

State Registrar of Vital Statistics to the Office of the Chief

Medical Examiner. The final certification of death issued under

this section shall be signed by the Chief Medical Examiner or his or

her designee immediately upon conclusion of the investigation and

completion of the case.

B. Any certification of death by an attending physician may be

referred by the State Registrar of Vital Statistics to the Chief

Medical Examiner for investigation and the amending of the original

certificate of death by the filing of a medical examiner death

certificate by the Chief Medical Examiner or his or her designee

when the death is determined by the Chief Medical Examiner to be one

properly requiring investigation under Section 938 of this title.

C. Medical examiner death certificates shall not be required in

cases investigated solely for the purpose of issuing a permit for

transport of a body out of state.
Okla. Stat. tit. 63, § 63-2200.17A — OK Code / Title 63 / Section 63-2200.17A
Falsification, etc. of document of gift for financial
Status: in_force

gain - Penalties.

A person that, in order to obtain a financial gain,

intentionally falsifies, forges, conceals, defaces, or obliterates a

document of gift, an amendment or revocation of a document of gift,

or a refusal commits a Class D1 felony offense and upon conviction

is subject to a fine of not more than Fifty Thousand Dollars

($50,000.00), or imprisonment as provided for in subsections B

through F of Section 20N of Title 21 of the Oklahoma Statutes, or

both such fine and imprisonment.
Okla. Stat. tit. 63, § 63-1-860.15 — OK Code / Title 63 / Section 63-1-860.15
Fees
Status: in_force

A. The State Department of Health, subject to the approval of

the State Board of Health, shall prescribe and publish in the manner

established by its rules, fees in the amounts determined by the

Board for the following:

1. Initial application fee;

2. First-year license fee;

3. Permanent license fee;

Oklahoma Statutes - Title 63. Public Health and Safety Page 521

4. Renewal of permanent license fee; and

5. Late renewal fee charges.

B. Such fees may only be established or amended by the Board

during such times as the Legislature is in session.

C. Fees specified in this section are not subject to the fee

limitations provided in paragraph 2 of subsection A of Section 1-

106.1 of this title.
Okla. Stat. tit. 63, § 63-330.64 — OK Code / Title 63 / Section 63-330.64
Renumbered as § 1-1949.6 of this title by Laws 2023, c
Status: in_force

271, § 16, eff. Nov. 1, 2023.
Okla. Stat. tit. 63, § 63-3274 — OK Code / Title 63 / Section 63-3274
Hospitals - Operation, licensing, accreditation, and
Status: in_force

certification - Teaching and training.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1579

A. Any hospital or hospitals purchased, leased or constructed

by the Oklahoma State University Medical Authority shall be operated

as general hospitals and shall be licensed by the State Commissioner

of Health, and shall, as far as possible, meet the standards,

requirements and essentials of the Joint Commission on Accreditation

of Health Care Organizations and the American Osteopathic

Association or, alternatively, meet Medicare certification by the

Center for Medicare and Medicaid Services. Provided, the State

Commissioner of Health may waive any such standards, requirements

and essentials as the Commissioner deems necessary.

B. Any such hospitals may provide services and receive payments

under Titles XVIII and XIX of the federal Social Security Act, and

may participate in other federal medical programs.

C. Any such hospitals shall be available as teaching and

training hospitals for the colleges of the Oklahoma State University

Center for Health Sciences, for other health and educational

facilities and shall provide indigent patient care.

D. For the purpose of Medicaid supplemental payments, the

Oklahoma State University Medical Trust shall be authorized to enter

into a cooperative venture for the purpose of training students

within an American College of Surgeons Level I Trauma Center or

centers operated by the Oklahoma State University Medical Trust or

an affiliated entity approved by the Trust. The Oklahoma State

University Medical Authority shall annually certify to the Oklahoma

Health Care Authority that the Level I trauma center meets such

standards and requirements with respect to any Medicaid supplemental

payments to be received from the Oklahoma Health Care Authority for

the Level I Trauma Center.
Okla. Stat. tit. 63, § 63-690.1 — OK Code / Title 63 / Section 63-690.1
Short title – Purposes
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1268

A. Sections 7 through 12 of this act shall be known and may be

cited as the “Oklahoma Flood Hazard Mitigation Program”.

B. The purposes of the Oklahoma Flood Hazard Mitigation Program

are to provide:

1. An orderly and continuing means of assistance by the state

government to political subdivisions of this state in carrying out

their responsibilities to alleviate the suffering and damage that

result from flooding by:

a. providing state assistance programs for public losses

and needs sustained in flood disasters,

b. encouraging the development of comprehensive disaster

preparedness and assistance plans, programs,

capabilities, and organizations by the state and

political subdivisions,

c. achieving greater coordination and responsiveness of

flood disaster preparedness and relief programs, and

d. encouraging hazard mitigation measures, such as

development of land-use and construction regulations,

floodplain management, and environmental planning, to

reduce losses from flood disasters in municipalities;

2. For the protection of life and property and to limit the

repetitive expenditures of public funds in areas that are subject to

chronic flooding and other flood disasters;

3. Financial assistance to local governments for the

development and implementation of flood hazard mitigation projects;

4. For the cooperation of state environmental agencies and

other state and federal agencies in the development and

implementation of the Oklahoma Flood Hazard Mitigation Program; and

5. For the establishment of land development principles which

will eliminate inappropriate and unsafe real estate development in

municipal areas subject to repetitive or chronic flooding.
Okla. Stat. tit. 63, § 63-1-818.10 — OK Code / Title 63 / Section 63-1-818.10
Renumbered as § 1430.10 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-2-503.1c — OK Code / Title 63 / Section 63-2-503.1c
Financial transactions involving proceeds of unlawful
Status: in_force

acts.

No person shall conduct or attempt to conduct a financial

transaction knowing that the property involved in such a financial

transaction represents the proceeds of some form of unlawful

activity related to any violation of Sections 2-101 through 2-608 of

Title 63 of the Oklahoma Statutes while:

1. Acting with the intent to promote the continuation of the

specified unlawful activity;

2. Acting with the intent to engage in conduct which violates

Sections 2-101 through 2-608 of Title 63 of the Oklahoma Statutes;

3. Acting with the knowledge that the transaction is designed

in whole or part to disguise the nature, location, source,

ownership, or control of the proceeds of the specified unlawful

activity; or

4. Acting with the knowledge that the transaction is designed

in whole or part to avoid a transaction reporting requirement.
Okla. Stat. tit. 63, § 63-1-2413 — OK Code / Title 63 / Section 63-1-2413
Renumbered as § 2-10-1001 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1990.2 — OK Code / Title 63 / Section 63-1-1990.2
Definitions
Status: in_force

As used in the Silver Alert Act:

1. “Alert” means the statewide silver alert for missing senior

citizens;

2. “Local law enforcement agency” includes, but is not limited

to, a county sheriff’s office, a police department of a municipality

or city, or the state highway patrol;

3. “Media outlet” includes but is not limited to radio

stations, television stations, newspapers and local support

organizations; and

4. “Missing senior citizen” means a person:

a. whose whereabouts are unknown,

b. whose age at the time the person is first reported

missing is sixty (60) years of age or older and who is

believed to be suffering from dementia or other

cognitive impairment, and

c. whose disappearance poses a credible threat to the

safety and health of the person, as determined by a

local law enforcement agency.
Okla. Stat. tit. 63, § 63-3250.4 — OK Code / Title 63 / Section 63-3250.4
Hospitals within hospital district – License,
Status: in_force

accreditation, and certification requirements – Participation in

federal medical programs.

Hospitals located within a hospital district:

1. Shall be licensed by the State Department of Health and

shall meet the standards, requirements and essentials of the Joint

Commission of Accreditation of Health Care Organizations or the

American Osteopathic Association or meet Medicare certification by

the Center for Medicare and Medicaid Services. Provided, the State

Commissioner of Health may waive any such standards, requirements

and essentials as the Commissioner deems necessary; and

2. May provide services and receive payments therefor pursuant

to Titles XVIII and XIX of the federal Social Security Act, and may

participate in other federal medical programs.