Okla. Stat. tit. 63, § 63-2-109a — OK Code / Title 63 / Section 63-2-109a
Oklahoma State Bureau of Narcotics and Dangerous Drugs
Status: in_force

Control - Janitorial services - Background investigations and

national criminal history record checks.

The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control shall conduct background investigations and national

criminal history record checks on companies and individuals with

which the Bureau contracts to provide janitorial services and shall

not be subject to the provisions of Section 3007 of Title 74 of the

Oklahoma Statutes.Oklahoma Statutes - Title 63. Public Health and Safety Page 30
Okla. Stat. tit. 63, § 63-3288 — OK Code / Title 63 / Section 63-3288
Regulation of traffic and parking on Oklahoma State
Status: in_force

University Medical Authority property - Appointment of campus police

officers and guards.

A. The Oklahoma State University Medical Authority may regulate

traffic and the parking of vehicles on property used by or for the

Oklahoma State University Medical Authority. Such regulations shall

be in writing, and copies thereof, including amendments thereto,

shall be filed in the office of the Secretary of State, and in the

office of the city clerk of the City of Tulsa. The municipal court

of the City of Tulsa shall have jurisdiction to hear and determine

prosecutions for violations of such regulations, which may be

prosecuted and shall be punishable as violations of ordinances of

the City of Tulsa. The Authority may cause to be removed, and may

enter into contracts for such purpose, any vehicle parked in

violation of such regulations.

B. The Authority may appoint campus police officers and guards

for buildings and grounds of the Oklahoma State University Medical

Authority in the same manner and with the same powers as campus

police appointed by governing boards of state institutions for

higher education under the provisions of Section 360.15 et seq. of

Title 74 of the Oklahoma Statutes, and who may prevent or stop

improper conduct and trespass in and upon such buildings and

grounds, and make arrests and prosecute any and all persons arrested

for such improper conduct and trespassing. Employees of the

Authority serving as police officers shall be certified as provided

for in Section 3311 of Title 70 of the Oklahoma Statutes.

C. The Authority and the City of Tulsa may enter into a

cooperative agreement to effectuate the provisions of this section.
Okla. Stat. tit. 63, § 63-427.2v2 — OK Code / Title 63 / Section 63-427.2v2
Definitions
Status: in_force

As used in the Oklahoma Medical Marijuana and Patient Protection

Act:

1. “Advertising” means the act of providing consideration for

the publication, dissemination, solicitation or circulation, of

visual, oral or written communication to induce directly or

indirectly any person to patronize a particular medical marijuana

business, or to purchase particular medical marijuana or a medical

marijuana product. Advertising includes marketing, but does not

include packaging and labeling;

2. “Authority” means the Oklahoma Medical Marijuana Authority;

3. “Batch number” means a unique numeric or alphanumeric

identifier assigned prior to testing to allow for inventory tracking

and traceability;

4. “Cannabinoid” means any of the chemical compounds that are

active principles of marijuana;

5. “Caregiver” means a family member or assistant who regularly

looks after a medical marijuana license holder whom a physician

attests needs assistance;

6. “Child-resistant” means special packaging that is:

a. designed or constructed to be significantly difficult

for children under five (5) years of age to open and

not difficult for normal adults to use properly as

defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.

1700.20 (1995),

Oklahoma Statutes - Title 63. Public Health and Safety Page 1123

b. opaque so that the outermost packaging does not allow

the product to be seen without opening the packaging

material, and

c. resealable to maintain its child-resistant

effectiveness for multiple openings for any product

intended for more than a single use or containing

multiple servings;

7. “Clone” means a nonflowering plant cut from a mother plant

that is capable of developing into a new plant and has shown no

signs of flowering;

8. “Commissioner” means the State Commissioner of Health;

9. “Complete application” means a document prepared in

accordance with the provisions set forth in the Oklahoma Medical

Marijuana and Patient Protection Act, rules promulgated pursuant

thereto, and the forms and instructions provided by the Department

including any supporting documentation required and the applicable

license application fee;

10. “Department” means the State Department of Health;

11. “Director” means the Executive Director of the Oklahoma

Medical Marijuana Authority;

12. “Dispense” means the selling of medical marijuana or a

medical marijuana product to a qualified patient or the designated

caregiver of the patient that is packaged in a suitable container

appropriately labeled for subsequent administration to or use by a

qualifying patient;

13. “Dispensary” means a medical marijuana dispensary, an

entity that has been licensed by the Department pursuant to the

Oklahoma Medical Marijuana and Patient Protection Act to purchase

medical marijuana or medical marijuana products from a licensed

medical marijuana commercial grower or medical marijuana processor,

sell medical marijuana or medical marijuana products to patients and

caregivers as defined under the Oklahoma Medical Marijuana and

Patient Protection Act, or sell or transfer products to another

dispensary;

14. “Edible medical marijuana product” means any medical-

marijuana-infused product for which the intended use is oral

consumption including, but not limited to, any type of food, drink

or pill;

15. “Entity” means an individual, general partnership, limited

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

corporation, cooperative or any other legal or commercial entity;

16. “Final harvest batch” means a specifically identified

quantity of medical marijuana that is uniform in strain, cultivated

utilizing the same cultivation practices, harvested at the same time

from the same location, and cured under uniform conditions completed

and ready for consumption prior to transfer to a licensed medical

marijuana dispensary;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1124

17. “Final product” means the finished product that is

available for transport to licensed medical marijuana dispensaries

and ready for consumption by licensed medical marijuana patients;

18. “Final production batch” means:

a. any amount of medical marijuana finished product of

the same category and produced using the same

extraction methods, standard operating procedures,

meeting all applicable law, rules, and regulations

required by the Oklahoma Medical Marijuana and Patient

Protection Act prior to transfer to a licensed medical

marijuana dispensary, licensed medical marijuana

patient, or licensed medical marijuana caregiver, or

b. any amount of medical marijuana finished product of

the same exact type, produced using the same

ingredients, standard operating procedures, and the

same production batch of medical marijuana

concentrate;

19. “Flower” means the reproductive organs of the marijuana or

cannabis plant referred to as the bud or parts of the plant that are

harvested and used to consume in a variety of medical marijuana

products;

20. “Flowering” means the reproductive state of the marijuana

or cannabis plant in which there are physical signs of flower or

budding out of the nodes of the stem;

21. “Food-based medical marijuana concentrate” means a medical

marijuana concentrate that was produced by extracting cannabinoids

from medical marijuana through the use of propylene glycol,

glycerin, butter, olive oil, coconut oil or other typical food-safe

cooking fats;

22. “Good cause” for purposes of an initial, renewal or

reinstatement license application, or for purposes of discipline of

a licensee, means:

a. the licensee or applicant has violated, does not meet,

or has failed to comply with any of the terms,

conditions or provisions of the act, any rules

promulgated pursuant thereto, or any supplemental

relevant state or local law, rule or regulation,

b. the licensee or applicant has failed to comply with

any special terms or conditions that were placed upon

the license pursuant to an order of the State

Department of Health, Oklahoma Medical Marijuana

Authority or the municipality, or

c. the licensed premises of a medical marijuana business

or applicant have been operated in a manner that

adversely affects the public health or welfare or the

safety of the immediate vicinity in which the

establishment is located;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1125

23. “Harvest batch” means a specifically identified quantity of

medical marijuana that is uniform in strain, cultivated utilizing

the same cultivation practices, harvested at the same time from the

same location and cured under uniform conditions;

24. “Harvested marijuana” means post-flowering medical

marijuana not including trim, concentrate or waste;

25. “Heat- or pressure-based medical marijuana concentrate”

means a medical marijuana concentrate that was produced by

extracting cannabinoids from medical marijuana through the use of

heat or pressure;

26. “Immature plant” means a nonflowering marijuana plant that

has not demonstrated signs of flowering;

27. “Inventory tracking system” means the required tracking

system that accounts for medical marijuana from either the seed or

immature plant stage until the medical marijuana or medical

marijuana product is sold to a patient at a medical marijuana

dispensary, transferred to a medical marijuana research facility,

destroyed by a medical marijuana business or used in a research

project by a medical marijuana research facility;

28. “Licensed patient” or “patient” means a person who has been

issued a medical marijuana patient license by the State Department

of Health or Oklahoma Medical Marijuana Authority;

29. “Licensed premises” means the premises specified in an

application for a medical marijuana business license, medical

marijuana research facility license or medical marijuana education

facility license pursuant to the Oklahoma Medical Marijuana and

Patient Protection Act that are owned or in possession of the

licensee and within which the licensee is authorized to cultivate,

manufacture, distribute, sell, store, transport, test or research

medical marijuana or medical marijuana products in accordance with

the provisions of the Oklahoma Medical Marijuana and Patient

Protection Act and rules promulgated pursuant thereto;

30. “Manufacture” means the production, propagation,

compounding or processing of a medical marijuana product, excluding

marijuana plants, either directly or indirectly by extraction from

substances of natural or synthetic origin, or independently by means

of chemical synthesis, or by a combination of extraction and

chemical synthesis;

31. “Marijuana” shall have the same meaning as such term is

defined in Section 2-101 of this title and shall not include any

plant or material containing delta-8 or delta-10

tetrahydrocannabinol which is grown, processed or sold pursuant to

the provisions of the Oklahoma Industrial Hemp Program;

32. “Material change” means any change that would require a

substantive revision to the standard operating procedures of a

licensee for the cultivation or production of medical marijuana,

medical marijuana concentrate or medical marijuana products;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1126

33. “Mature plant” means a harvestable female marijuana plant

that is flowering;

34. “Medical marijuana business (MMB)” means a licensed medical

marijuana dispensary, medical marijuana processor, medical marijuana

commercial grower, medical marijuana laboratory, medical marijuana

business operator or a medical marijuana transporter;

35. “Medical marijuana concentrate” or “concentrate” means a

specific subset of medical marijuana that was produced by extracting

cannabinoids from medical marijuana. Categories of medical

marijuana concentrate include water-based medical marijuana

concentrate, food-based medical marijuana concentrate, solvent-based

medical marijuana concentrate, and heat- or pressure-based medical

marijuana concentrate;

36. “Medical marijuana commercial grower” or “commercial

grower” means an entity licensed to cultivate, prepare and package

medical marijuana and transfer or contract for transfer medical

marijuana to a medical marijuana dispensary, medical marijuana

processor, any other medical marijuana commercial grower, medical

marijuana research facility, medical marijuana education facility

and pesticide manufacturers. A commercial grower may sell seeds,

flower or clones to commercial growers pursuant to the Oklahoma

Medical Marijuana and Patient Protection Act;

37. “Medical marijuana education facility” or “education

facility” means a person or entity approved pursuant to the Oklahoma

Medical Marijuana and Patient Protection Act to operate a facility

providing training and education to individuals involving the

cultivation, growing, harvesting, curing, preparing, packaging or

testing of medical marijuana, or the production, manufacture,

extraction, processing, packaging or creation of medical-marijuana-

infused products or medical marijuana products as described in the

Oklahoma Medical Marijuana and Patient Protection Act;

38. “Medical-marijuana-infused product” means a product infused

with medical marijuana including, but not limited to, edible

products, ointments and tinctures;

39. “Medical marijuana product” or “product” means a product

that contains cannabinoids that have been extracted from plant

material or the resin therefrom by physical or chemical means and is

intended for administration to a qualified patient including, but

not limited to, oils, tinctures, edibles, pills, topical forms,

gels, creams, vapors, patches, liquids and forms administered by a

nebulizer, excluding live plant forms which are considered medical

marijuana;

40. “Medical marijuana processor” means a person or entity

licensed pursuant to the Oklahoma Medical Marijuana and Patient

Protection Act to operate a business including the production,

manufacture, extraction, processing, packaging or creation of

concentrate, medical-marijuana-infused products or medical marijuana

Oklahoma Statutes - Title 63. Public Health and Safety Page 1127

products as described in the Oklahoma Medical Marijuana and Patient

Protection Act;

41. “Medical marijuana research facility” or “research

facility” means a person or entity approved pursuant to the Oklahoma

Medical Marijuana and Patient Protection Act to conduct medical

marijuana research. A medical marijuana research facility is not a

medical marijuana business;

42. “Medical marijuana testing laboratory” or “laboratory”

means a public or private laboratory licensed pursuant to the

Oklahoma Medical Marijuana and Patient Protection Act, to conduct

testing and research on medical marijuana and medical marijuana

products;

43. “Medical marijuana transporter” or “transporter” means a

person or entity that is licensed pursuant to the Oklahoma Medical

Marijuana and Patient Protection Act. A medical marijuana

transporter does not include a medical marijuana business that

transports its own medical marijuana, medical marijuana concentrate

or medical marijuana products to a property or facility adjacent to

or connected to the licensed premises if the property is another

licensed premises of the same medical marijuana business;

44. “Medical marijuana waste” or “waste” means unused, surplus,

returned or out-of-date marijuana, plant debris of the plant of the

genus Cannabis including dead plants and all unused plant parts and

roots, except the term shall not include roots, stems, stalks and

fan leaves;

45. “Medical use” means the acquisition, possession, use,

delivery, transfer or transportation of medical marijuana, medical

marijuana products, medical marijuana devices or paraphernalia

relating to the administration of medical marijuana to treat a

licensed patient;

46. “Mother plant” means a marijuana plant that is grown or

maintained for the purpose of generating clones, and that will not

be used to produce plant material for sale to a medical marijuana

processor or medical marijuana dispensary;

47. “Oklahoma physician” or “physician” means a physician

licensed by and in good standing with the State Board of Medical

Licensure and Supervision, the State Board of Osteopathic Examiners

or the Board of Podiatric Medical Examiners;

48. “Oklahoma resident” means an individual who can provide

proof of residency as required by the Oklahoma Medical Marijuana and

Patient Protection Act;

49. “Owner” means, except where the context otherwise requires,

a direct beneficial owner including, but not limited to, all persons

or entities as follows:

a. all shareholders owning an interest of a corporate

entity and all officers of a corporate entity,

b. all partners of a general partnership,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1128

c. all general partners and all limited partners that own

an interest in a limited partnership,

d. all members that own an interest in a limited

liability company,

e. all beneficiaries that hold a beneficial interest in a

trust and all trustees of a trust,

f. all persons or entities that own interest in a joint

venture,

g. all persons or entities that own an interest in an

association,

h. the owners of any other type of legal entity, and

i. any other person holding an interest or convertible

note in any entity which owns, operates or manages a

licensed facility;

50. “Package” or “packaging” means any container or wrapper

that may be used by a medical marijuana business to enclose or

contain medical marijuana;

51. “Person” means a natural person, partnership, association,

business trust, company, corporation, estate, limited liability

company, trust or any other legal entity or organization, or a

manager, agent, owner, director, servant, officer or employee

thereof, except that person does not include any governmental

organization;

52. “Pesticide” means any substance or mixture of substances

intended for preventing, destroying, repelling or mitigating any

pest or any substance or mixture of substances intended for use as a

plant regulator, defoliant or desiccant, except that the term

pesticide shall not include any article that is a “new animal drug”

as designated by the United States Food and Drug Administration;

53. “Production batch” means:

a. any amount of medical marijuana concentrate of the

same category and produced using the same extraction

methods, standard operating procedures and an

identical group of harvest batch of medical marijuana,

or

b. any amount of medical marijuana product of the same

exact type, produced using the same ingredients,

standard operating procedures and the same production

batch of medical marijuana concentrate;

54. “Public institution” means any entity established or

controlled by the federal government, state government, or a local

government or municipality including, but not limited to,

institutions of higher education or related research institutions;

55. “Public money” means any funds or money obtained by the

holder from any governmental entity including, but not limited to,

research grants;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1129

56. “Recommendation” means a document that is signed or

electronically submitted by a physician on behalf of a patient for

the use of medical marijuana pursuant to the Oklahoma Medical

Marijuana and Patient Protection Act;

57. “Registered to conduct business” means a person that has

provided proof that the business applicant is in good standing with

the Secretary of State and Oklahoma Tax Commission;

58. “Remediation” means the process by which the medical

marijuana flower or trim, which has failed testing, is processed

into solvent-based medical marijuana concentrate and the final

product is tested as required by the Oklahoma Medical Marijuana and

Patient Protection Act;

59. “Research project” means a discrete scientific endeavor to

answer a research question or a set of research questions related to

medical marijuana and is required for a medical marijuana research

license. A research project shall include a description of a

defined protocol, clearly articulated goals, defined methods and

outputs, and a defined start and end date. The description shall

demonstrate that the research project will comply with all

requirements in the Oklahoma Medical Marijuana and Patient

Protection Act and rules promulgated pursuant thereto. All research

and development conducted by a medical marijuana research facility

shall be conducted in furtherance of an approved research project;

60. “Revocation” means the final decision by the Department

that any license issued pursuant to the Oklahoma Medical Marijuana

and Patient Protection Act is rescinded because the individual or

entity does not comply with the applicable requirements set forth in

the Oklahoma Medical Marijuana and Patient Protection Act or rules

promulgated pursuant thereto;

61. “School” means a public or private preschool, a public or

private elementary or secondary school, or a technology center

school which is primarily used for classroom instruction. A

homeschool, daycare or child-care facility shall not be considered a

“school” as used in the Oklahoma Medical Marijuana and Patient

Protection Act;

62. “Shipping container” means a hard-sided container with a

lid or other enclosure that can be secured in place. A shipping

container is used solely for the transport of medical marijuana,

medical marijuana concentrate, or medical marijuana products between

medical marijuana businesses, a medical marijuana research facility,

or a medical marijuana education facility;

63. “Solvent-based medical marijuana concentrate” means a

medical marijuana concentrate that was produced by extracting

cannabinoids from medical marijuana through the use of a solvent

approved by the Department;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1130

64. “State Question” means Oklahoma State Question No. 788,

Initiative Petition No. 412, approved by a majority vote of the

citizens of Oklahoma on June 26, 2018;

65. “Strain” means the classification of marijuana or cannabis

plants in either pure sativa, indica, afghanica, ruderalis or hybrid

varieties;

66. “THC” means tetrahydrocannabinol, which is the primary

psychotropic cannabinoid in marijuana formed by decarboxylation of

naturally tetrahydrocannabinolic acid, which generally occurs by

exposure to heat;

67. “Test batch” means with regard to usable marijuana, a

homogenous, identified quantity of usable marijuana by strain, no

greater than ten (10) pounds, that is harvested during a seven-day

period from a specified cultivation area, and with regard to oils,

vapors and waxes derived from usable marijuana, means an identified

quantity that is uniform, that is intended to meet specifications

for identity, strength and composition, and that is manufactured,

packaged and labeled during a specified time period according to a

single manufacturing, packaging and labeling protocol;

68. “Transporter agent” means a person who transports medical

marijuana or medical marijuana products for a licensed transporter

and holds a transporter agent license pursuant to the Oklahoma

Medical Marijuana and Patient Protection Act;

69. “Universal symbol” means the image established by the State

Department of Health or Oklahoma Medical Marijuana Authority and

made available to licensees through its website indicating that the

medical marijuana or the medical marijuana product contains THC;

70. “Usable marijuana” means the dried leaves, flowers, oils,

vapors, waxes and other portions of the marijuana plant and any

mixture or preparation thereof, excluding seeds, roots, stems,

stalks and fan leaves; and

71. “Water-based medical marijuana concentrate” means a

concentrate that was produced by extracting cannabinoids from

medical marijuana through the use of only water, ice or dry ice.
Okla. Stat. tit. 63, § 63-2200.6A — OK Code / Title 63 / Section 63-2200.6A
Amending or revoking anatomical gift before donor's
Status: in_force

death.

A. Subject to Section 8 of this act, a donor or other person

authorized to make an anatomical gift under Section 4 of this act

may amend or revoke an anatomical gift by:

1. A record signed by:

a. the donor,

b. the other person, or

c. subject to subsection B of this section, another

individual acting at the direction of the donor or the

other person if the donor or other person is

physically unable to sign; or

2. A later-executed document of gift that amends or revokes a

previous anatomical gift or portion of an anatomical gift, either

expressly or by inconsistency.

B. A record signed pursuant to subparagraph c of paragraph 1 of

subsection A of this section 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.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1354

C. Subject to Section 8 of this act, a donor or other person

authorized to make an anatomical gift under Section 4 of this act

may revoke an anatomical gift by the destruction or cancellation of

the document of gift, or the portion of the document of gift used to

make the gift, with the intent to revoke the gift.

D. A donor may amend or revoke an anatomical gift that was not

made in a will by any form of communication during a terminal

illness or injury addressed to at least two adults, at least one of

whom is a disinterested witness.

E. A donor who makes an anatomical gift in a will may amend or

revoke the gift in the manner provided for amendment or revocation

of wills or as provided in subsection A of this section.
Okla. Stat. tit. 63, § 63-427.25 — OK Code / Title 63 / Section 63-427.25
Secret shoppers – Laboratory testing – Enforcement
Status: in_force

A. The Oklahoma Medical Marijuana Authority shall implement

rules to employ secret shoppers. Secret shoppers shall purchase

medical marijuana or marijuana products from licensed medical

marijuana dispensaries utilizing cash from the petty cash fund

authorized in Section 5 of this act.

B. The secret shopper shall be authorized to:

1. Purchase an amount of medical marijuana or marijuana

products sufficient for two complete compliance tests; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1196

2. Attempt to purchase medical marijuana or marijuana products

in order to prove compliance with the Oklahoma Medical Marijuana and

Patient Protection Act or any rule determined by the Authority.

C. Samples collected pursuant to paragraph 1 of subsection B of

this section shall be tested by licensed medical marijuana testing

laboratories, one of which shall be the laboratory of origin, if

applicable, and one of which may be the Authority’s quality

assurance laboratory. One sample shall be kept in reserve by the

Authority in the event of a discrepancy between the testing

laboratories, which may require retesting of the medical marijuana

or marijuana products. When making purchases from a licensed

medical marijuana dispensary, the secret shopper shall ask for the

certificate of analysis for each product purchased.

D. The secret shopper shall deliver the medical marijuana or

marijuana products to a quality assurance laboratory, which may be

the Authority’s quality assurance laboratory, for homogenization.

Once the samples have been homogenized, the samples shall be

delivered to two licensed medical marijuana testing laboratories,

one of which may be the Authority’s quality assurance laboratory,

for compliance testing which shall include the testing for

pesticides, heavy metals, microbials, residual solvents for

extracted products, and potency. One sample shall be kept by the

Authority in reserve. If the medical marijuana or marijuana

products were previously tested with available results from a

licensed medical marijuana testing laboratory, that testing

laboratory shall be one of the licensed medical marijuana testing

laboratories chosen by the Authority. For the avoidance of doubt,

neither the licensed medical marijuana dispensary nor the licensed

medical marijuana testing laboratory shall be told that the business

entity is selling medical marijuana or marijuana products to a

secret shopper or testing samples submitted by a secret shopper

employed by the Authority and posing as a licensed medical marijuana

patient.

E. The Authority shall inspect, by secret shopper, a minimum of

fifty licensed medical marijuana dispensaries annually beginning

January 1, 2024. In the year 2025, the Authority shall inspect, by

secret shopper, a minimum of ten percent (10%) of randomly selected

licensed medical marijuana dispensaries in Oklahoma per year.

F. 1. When the licensed medical marijuana testing laboratories

unanimously confirm test results with safety failures for

contaminants, the Authority shall recall the medical marijuana or

marijuana product within seven (7) days of obtaining the test

results. The name of the licensed medical marijuana dispensary and

any other relevant product information shall be made public via a

press release issued by the Authority. If there is greater than one

contaminant fails among the licensed medical marijuana testing

laboratories, the Authority shall work with a quality assurance

Oklahoma Statutes - Title 63. Public Health and Safety Page 1197

laboratory to verify the results of the licensed medical marijuana

testing laboratories and take appropriate action.

2. When the average of total potency or total terpene results

collected from a licensed medical marijuana testing laboratory for a

particular product is outside the allowable limits, the Authority

shall work with a quality assurance laboratory to verify the results

of the testing laboratory. If results are verified to be outside

the allowable limits, the Authority shall require relabeling of the

medical marijuana or marijuana products.

3. All investigative results shall be retained by the Authority

for a minimum of three (3) years.

4. The Authority shall implement rules to notify any licensed

medical marijuana dispensary and licensed medical marijuana grower

or licensed medical marijuana processor of any investigative results

determined to be noncompliant.

5. After the licensed medical marijuana dispensary and licensed

medical marijuana grower or licensed medical marijuana processor is

notified of the investigative results, such results may be used by

the Authority to take action against the licensee, assess fines, or

assess other civil penalties available to the Authority.

6. The Authority shall implement rules on sharing such

investigative results with any other law enforcement agencies or

regulatory authorities.

7. The Authority may elect to conduct further evaluations of

the investigative results at any time for verification or for other

purposes reasonably related to sanitation, public health, or public

safety.

G. The failure of any licensed medical marijuana business to

cooperate with the provisions of this section may result in the

revocation of the license at the discretion of the Authority.

H. Any secret shopper performing any provision of this section

shall not be required to fulfill licensing requirements of Section

420 of this title for a patient license and shall be able to enter a

dispensary with appropriate authorization as determined by the

Authority.

I. The Authority shall implement rules necessary to enforce the

provisions of this section.
Okla. Stat. tit. 63, § 63-1-290 — OK Code / Title 63 / Section 63-1-290
Short title
Status: in_force

This act shall be known as the “Public Health Delivery Act”.
Okla. Stat. tit. 63, § 63-5030.5 — OK Code / Title 63 / Section 63-5030.5
Drug prior authorization program - Conditions
Status: in_force

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

prior authorization program approved or implemented by the Medicaid

Drug Utilization Review Board shall meet the following conditions:

1. The Medicaid Drug Utilization Review Board shall make note

of and consider information provided by interested parties,

including, but not limited to, physicians, pharmacists, patients,

and pharmaceutical manufacturers, related to the placement of a drug

or drugs on prior authorization;

2. Any drug or drug class placed on prior authorization shall

be reconsidered no later than twelve (12) months after such

placement;

3. The program shall provide either telephone or fax approval

or denial within twenty-four (24) hours after receipt of the prior

authorization request; and

4. In an emergency situation, including a situation in which an

answer to a prior authorization request is unavailable, a seventy-

two-hour supply shall be dispensed, or, at the discretion of the

Medicaid Drug Utilization Review Board, a greater amount that will

assure a minimum effective duration of therapy for an acute

intervention.

B. In formulating its recommendations for placement of a drug

or drug class on prior authorization to the Oklahoma Health Care

Authority Board, the Medicaid Drug Utilization Review Board shall:

1. Consider the potential impact of any administrative delay on

patient care and the potential fiscal impact of such prior

authorization on pharmacy, physician, hospitalization and outpatient

costs. Any recommendation making a drug subject to placement on

prior authorization shall be accompanied by a statement of the cost

and clinical efficacy of such placement;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1738

2. Provide a period for public comment on each meeting agenda.

Prior to making any recommendations, the Medicaid Drug Utilization

Review Board shall solicit public comment regarding proposed changes

in the prior authorization program in accordance with the provisions

of the Oklahoma Open Meeting Act and the Administrative Procedures

Act; and

3. Review Oklahoma-Medicaid-specific data related to

utilization criterion standards as provided in division (1) of

subparagraph b of paragraph 2 of Section 5030.4 of this title.

C. The Oklahoma Health Care Authority Board may accept or

reject the recommendations of the Medicaid Drug Utilization Review

Board in whole or in part, and may amend or add to such

recommendations.

D. The Oklahoma Health Care Authority shall immediately provide

coverage under prior authorization for any new drug approved by the

United States Food and Drug Administration. If a new drug does not

fall in a class that is already placed under prior authorization,

that drug must be reviewed by the Drug Utilization Review Board

within one hundred (100) days of approval by the United States Food

and Drug Administration to determine whether to continue the prior

authorization criteria.

E. 1. Prior to a vote by the Medicaid Drug Utilization Review

Board to consider expansion of product-based prior authorization,

the Authority shall:

a. develop a written estimate of savings expected to

accrue from the proposed expansion, and

b. make the estimate of savings available, on request of

interested persons, no later than the day following

the first scheduled discussion of the estimate by the

Medicaid Drug Utilization Review Board at a regularly

scheduled meeting.

2. The written savings estimate based upon savings estimate

assumptions specified by paragraph 3 of this subsection prepared by

the Authority shall include as a minimum:

a. a summary of all paid prescription claims for patients

with a product in the therapeutic category under

consideration during the most recent month with

complete data, plus a breakdown, as available, of

these patients according to whether the patients are

residents of a long-term care facility or are

receiving Advantage Waiver program services,

b. current number of prescriptions, amount reimbursed and

trend for each product within the category under

consideration,

c. average active ingredient cost reimbursed per day of

therapy for each product and strength within the

category under consideration,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1739

d. for each product and strength within the category

under consideration, where applicable, the prevailing

State Maximum Allowable Cost reimbursed per dosage

unit,

e. the anticipated impact of any patent expiration of any

product within the category under consideration

scheduled to occur within two (2) years from the

anticipated implementation date of the proposed prior

authorization expansion, and

f. a detailed estimate of administrative costs involved

in the prior authorization expansion including, but

not limited to, the anticipated increase in petition

volume.

3. Savings estimate assumptions shall include, at a minimum:

a. the prescription conversion rate of products requiring

prior authorization (Tier II) to products not

requiring prior authorization (Tier I) and to other

alternative products,

b. aggregated rebate amount for the proposed Tier I and

Tier II products within the category under

consideration,

c. market shift of Tier II products due to other causes

including, but not limited to, patent expiration,

d. Tier I to Tier II prescription conversion rate, and

e. nature of medical benefits and complications typically

seen with products in this class when therapy is

switched from one product to another.

4. The Medicaid Drug Utilization Review Board shall consider

prior authorization expansion in accordance with the following

Medicaid Drug Utilization Review Board meeting sequence:

a. first meeting: publish the category or categories to

be considered for prior authorization expansion in the

future business section of the Medicaid Drug

Utilization Review Board agenda,

b. second meeting: presentation and discussion of the

written estimate of savings,

c. third meeting: make formal notice in the agenda of

intent to vote on the proposed prior authorization

expansion, and

d. fourth meeting: vote on prior authorization

expansion.

F. The Medicaid Drug Utilization Review Board may establish

protocols and standards for the use of any prescription drug

determined to be medically necessary, proven to be effective and

approved by the United States Food and Drug Administration (FDA) for

the treatment and prevention of human immunodeficiency

virus/acquired immune deficiency syndrome (HIV/AIDS) without prior

Oklahoma Statutes - Title 63. Public Health and Safety Page 1740

authorization, except when there is a generic equivalent drug

available.
Okla. Stat. tit. 63, § 63-1057 — OK Code / Title 63 / Section 63-1057
Creation of Indian housing authorities – Transfer of
Status: in_force

management and control.

A. There is hereby created, with respect to each Indian tribe,

band, or nation in the state, a public body corporate and politic,

to function in the operating area of each Indian tribe, band, or

nation to be known as the "housing authority" of the Indian tribe,

band, or nation. The Indian housing authority shall be an agency of

the State of Oklahoma, possessing all powers, rights, and functions

herein specified for city and county authorities created pursuant to

this act. The Indian housing authority shall not transact any

business nor exercise its powers hereunder until or unless the

governing council of the tribe, band, or nation, as the case may be,

by proper resolution, declares that there is a need for a housing

authority to function for the tribe, band, or nation.

B. Except as otherwise provided in this act, all the provisions

of law applicable to housing authorities created for cities and

counties and the commissioners of such authorities shall be

applicable to Indian housing authorities and commissioners, unless a

different meaning clearly appears from the context. The Chief or

other governing head of an Indian tribe, band, or nation is hereby

authorized to exercise all appointing and other powers with respect

to an Indian housing authority that are vested by this act in the

mayor of a city relating to a city housing authority.

C. The Oklahoma Legislature finds that, under the authority of

this section, state agency Indian housing authorities may be

operated in the area of federally recognized Indian tribes, bands

and nations in this state, upon proper resolution declaring that

there is a need for a housing authority to function in the operating

area of the tribe, band or nation. State agency Indian housing

authorities are funded exclusively with federal funds designated for

the purpose of providing housing in the area of the tribe, band or

nation for whose benefit the housing authority was established. The

state agency Indian housing authorities are managed by tribal

members appointed by the governing head of the tribe. At the time

that state agency Indian housing authorities were authorized to

operate for the benefit of the tribe, band or nation, the tribes,

bands and nations were not eligible to receive federal funding for

housing purposes. Federally recognized Indian tribes, bands and

nations are now eligible to receive federal funding for housing

purposes and many have received federal funds, and many have created

tribal housing authorities for the purpose of providing housing for

their tribal members. In the exercise of their sovereign powers,

some tribes, bands and nations desire or may in the future desire to

undertake the control and management of the state agency Indian

housing authorities created for their benefit and to assume all the

assets and liabilities, while other tribes, bands or nations may

Oklahoma Statutes - Title 63. Public Health and Safety Page 1312

wish to consolidate the state agency Indian housing authority

created or which may be created for their benefit into tribal

housing programs. In the interest of the sovereign power of

federally recognized Indian tribes, economy of efforts, and the

maintenance of cooperative relationships between the state and

federally recognized Indian tribes, and in light of the above

findings, the state hereby authorizes any federally recognized

Indian tribe, band or nation for whose benefit a state agency

housing authority was or may be created, to assume management and

control of the state agency Indian housing authority and all its

assets, as provided in this section.

D. Any federally recognized Indian tribe, band or nation for

whose benefit a state agency housing authority has been or will be

created is hereby empowered to undertake the management and control

of the program of the state agency upon:

1. The assumption of all present and future liabilities of the

state agency housing authority;

2. The acceptance of all assets of the state agency housing

authority;

3. Upon agreeing to continue to operate a housing authority or

program; and

4. Upon entering into local cooperative agreements for payments

in lieu of taxes in an amount that is not more than the amount

authorized under the Native American Housing Assistance and Self-

Determination Act and rules implementing the act.

E. The governing body of any federally recognized Indian tribe,

band or nation may exercise the power to undertake management and

control of the state agency Indian housing authority created for its

benefit by adopting an ordinance or resolution to undertake

management and control. The resolution or ordinance shall provide

that the tribe, band or nation will assume all the assets and all

the liabilities of the state agency Indian housing authority and

agrees to continue to operate the housing program for the benefit of

its members, and will enter into local cooperative agreements with

payments in lieu of taxes as required in paragraph 4 of subsection D

of this section and in accordance with Section 1066 of this title.

F. Upon the filing of a resolution or ordinance as provided for

in subsection E of this section with the office of the Secretary of

State, the Oklahoma Attorney General, and the office of the county

clerk in the county in which any land being transferred is located,

the management and control of the state agency Indian housing

authority created for the tribe, band or nation, together with the

ownership of all housing authority assets and liabilities shall

transfer to the tribe, band or nation, and the state agency Indian

housing authority for that tribe, band or nation shall cease to

exist. No further action on the state’s part is necessary to

transfer title of all state agency Indian housing authority real

Oklahoma Statutes - Title 63. Public Health and Safety Page 1313

property to the tribe, band or nation. The filing of a copy of this

statute, a certified copy of the required resolution or ordinance

and the legal description of the land(s) shall transfer title. The

land so transferred, until transferred to the ownership of

individual tribal members, is declared to be used for charitable

purposes and to be public property used for essential public and

governmental purposes. The property shall be exempt from ad valorem

taxes, as long as the tribe, band or nation continues to make the in

lieu of tax payments as required in this section.
Okla. Stat. tit. 63, § 63-6104 — OK Code / Title 63 / Section 63-6104
Definitions
Status: in_force

As used in the Catastrophic Health Emergency Powers Act:

1. “Bioterrorism” means the intentional use of any

microorganism, virus, infectious substance, or biological product

that may be engineered as a result of biotechnology, or any

naturally occurring or bioengineered component of any such

microorganism, virus, infectious substance, or biological product,

to cause death, disease, or other biological malfunction in a human,

an animal, a plant, or another living organism in order to influence

the conduct of government or to intimidate or coerce a civilian

population;

2. “Catastrophic health emergency” means an occurrence of

imminent threat of an illness or health condition that:

a. is believed to be caused by any of the following:

(1) a nuclear attack,

(2) bioterrorism,

(3) a chemical attack, or

(4) the appearance of a novel or previously

controlled or eradicated infectious agent or

biological toxin, and

b. poses a high probability of any of the following

harms:

(1) a large number of deaths in the affected

population,

(2) a large number of serious or long-term

disabilities in the affected population, or

(3) widespread exposure to an infectious or toxic

agent that poses a significant risk of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1764

substantial future harm to a large number of

people in the affected population;

3. “Chain of custody” means the methodology of tracking

specimens for the purpose of maintaining control and accountability

from initial collection to final disposition of the specimens and

providing for accountability at each stage of collecting, handling,

testing, storing, and transporting the specimens and reporting test

results;

4. “Contaminated waste” means:

a. “biological waste”, which includes blood and blood

products, excretions, exudates, secretions, suctioning

and other body fluids, and waste materials saturated

with blood or body fluids,

b. “cultures and stocks”, which includes etiologic agents

and associated biologicals, including specimen

cultures and dishes and devices used to transfer,

inoculate, and mix cultures, wastes from production of

biologicals and serums, and discarded live and

attenuated vaccines,

c. “pathological waste”, which includes biopsy materials

and all human tissues, anatomical parts that emanate

from surgery, obstetrical procedures, necropsy or

autopsy and laboratory procedures, and animal

carcasses exposed to pathogens in research and the

bedding and other waste from such animals, but does

not include teeth or formaldehyde or other

preservative agents, and

d. “sharps”, which includes needles, intravenous (IV)

tubing with needles attached, scalpel blades, lancets,

breakable glass tubes, and syringes that have been

removed from their original sterile containers;

5. “Health care facility” means any nonfederal institution,

building, or agency or portion thereof, whether public or private or

for profit or nonprofit, that is used, operated, or designed to

provide health services, medical treatment, or nursing,

rehabilitative, or preventive care to any person or persons. This

includes, but is not limited to: ambulatory surgical facilities,

hospitals, infirmaries, intermediate care facilities, kidney

dialysis centers, long-term care facilities, mental health centers,

outpatient facilities, public health centers, rehabilitation

facilities, residential treatments facilities, skilled nursing

facilities, special care facilities, medical laboratories, and adult

day-care centers. This also includes, but is not limited to, the

following related property when used for or in connection with the

foregoing: laboratories; research facilities; pharmacies; laundry

facilities; health personnel training and lodging facilities;

patient, guest, and health personnel food service facilities; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1765

offices and office buildings for persons engaged in health care

professions or services;

6. “Health care provider” means any person or entity who

provides health care services including, but not limited to,

physicians, pharmacists, dentists, physician assistants, nurse

practitioners, registered and other nurses, paramedics, emergency

medical or laboratory technicians, and ambulance and emergency

medical workers;

7. “Infectious disease” means a disease caused by a living

organism or other pathogen, including a fungus, bacillus, parasite,

protozoan, or virus. An infectious disease may, or may not, be

transmissible from person to person, animal to person, or insect to

person;

8. “Isolation” means the physical separation and confinement of

an individual or groups of individuals who are infected or

reasonably believed to be infected with a transmissible or possibly

transmissible disease from nonisolated individuals, to prevent or

limit the transmission of the disease to nonisolated individuals;

9. “Mental health support personnel” means, but is not limited

to, psychiatrists, psychologists, social workers, and volunteer

crisis counseling groups;

10. “Protected health information” means any information,

whether oral, written, electronic, visual, or any other form, that

relates to the past, present, or future physical or mental health

status, condition, treatment, service, products purchased, or

provision of care of an individual, and that reveals the identity of

the individual whose health care is the subject of the information,

or where there is a reasonable basis to believe such information

could be utilized either alone or with other information that is, or

should reasonably be known to be, available to predictable

recipients of such information to reveal the identity of that

individual;

11. “Public health authority” means the Oklahoma State

Commissioner of Health; or local health department that acts

principally to protect or preserve the health of the public; or any

person directly authorized to act on behalf of the Oklahoma State

Commissioner of Health or local health department;

12. “Public safety authority” means the Commissioner of Public

Safety; or any local government agency that acts principally to

protect or preserve the public safety; or any person directly

authorized to act on behalf of the Commissioner of Public Safety or

local agency;

13. “Quarantine” means the physical separation and confinement

of an individual or groups of individuals, who are or may have been

exposed to a transmissible or possibly transmissible disease and who

do not show signs or symptoms of a transmissible disease, from

Oklahoma Statutes - Title 63. Public Health and Safety Page 1766

nonquarantined individuals, to prevent or limit the transmission of

the disease to nonquarantined individuals;

14. “Specimens” means, but is not limited to, blood, sputum,

urine, stool, other bodily fluids, wastes, tissues, and cultures

necessary to perform required tests;

15. “Tests” means, but is not limited to, any diagnostic or

investigative analyses necessary to prevent the spread of disease or

protect the health, safety, and welfare of the public;

16. “Transmissible disease” means an infectious disease that

can be transmitted from person to person; and

17. “Trial court” means the district court for the area in

which isolation or quarantine is to occur, a court designated by the

Public Health Emergency Plan under the Catastrophic Health Emergency

Powers Act, or to the district court for the area in which a

catastrophic health emergency has been declared.
Okla. Stat. tit. 63, § 63-1-105c — OK Code / Title 63 / Section 63-1-105c
Conflicts of interest
Status: in_force

A. The State Department of Health shall:

1. Ensure that no employee of the Department whose

responsibilities relate in any manner to long-term care is subject

to a conflict of interest which would impair the ability of the

person to carry out his or her employment duties in an impartial

manner including, but not limited to:

a. ownership or investment interest by the employee or a

member of the employee’s immediate family represented

by equity, debt or other financial relationship in a

long-term care facility or a long-term care service,

b. employment by, under contract to, or participation by

the employee or a member of the employee’s immediate

Oklahoma Statutes - Title 63. Public Health and Safety Page 70

family in the management of, a long-term care

facility, except as provided in Section 1-1914.2 of

Title 63 of the Oklahoma Statutes and with the

approval of the State Commissioner of Health, or

c. the receipt or the right of the employee or a member

of the employee’s immediate family to receive directly

or indirectly remuneration, in cash or in kind, under

a compensation arrangement with an owner or operator

of a long-term care facility; and

2. Establish and specify, in writing, mechanisms to identify

and remove conflicts of interest referred to in this section

including, but not limited to:

a. the methods by which the Department will examine

individuals and members of the individuals' immediate

family members to identify the conflicts, and

b. the actions that the Department will require the

individuals and such family members to take to

eliminate such conflicts.

B. For purposes of this section, the term “immediate family”

means:

1. The spouse of the employee;

2. The parents of the spouse of the employee;

3. A child by birth or adoption;

4. A stepchild;

5. A parent;

6. A grandparent;

7. A grandchild;

8. A sibling of the employee;

9. The spouse of any immediate family member specified in this

subsection; or

10. Such other relationship deemed necessary by the State Board

of Health as determined by rule.
Okla. Stat. tit. 63, § 63-465.21 — OK Code / Title 63 / Section 63-465.21
Sale of certain paint to intoxicated person
Status: in_force

Any person who knowingly sells paint containing metallic powders

dispensed from a pressurized container to an obviously intoxicated

person shall be guilty of a misdemeanor.
Okla. Stat. tit. 63, § 63-1-1301.9 — OK Code / Title 63 / Section 63-1-1301.9
Renumbered as § 7-409 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-2410 — OK Code / Title 63 / Section 63-2410
Arrests - Appointment of interpreter
Status: in_force

A. In the event a person who is deaf or hard-of-hearing is

arrested and taken into custody for any alleged violation of a

criminal law of this state or for civil contempt, a qualified legal

interpreter shall be obtained through any interpreter service agency

providing qualified legal interpreting services for the deaf and

hard-of-hearing or with individuals who meet the qualifications for

a qualified legal interpreter in order to communicate to the person

that person’s legal rights and to interview and interrogate

properly. No statement taken from such deaf or hard-of-hearing

person before a qualified legal interpreter is present shall be

admissible in court. The individual who is deaf or hard-of-hearing

shall determine which type of qualified legal interpreter best fits

the needs of the individual.

B. The provisions of this section shall be construed in

conjunction with Sections 1 through 10 of Senate Bill No. 779 of the

1st Session of the 50th Oklahoma Legislature, if that bill is

enacted.
Okla. Stat. tit. 63, § 63-1-227 — OK Code / Title 63 / Section 63-1-227
Short title - Intent of Legislature - Office of Child
Status: in_force

Abuse Prevention created.

A. Sections 1-227 through 1-227.9 of this title shall be known

and may be cited as the “Child Abuse Prevention Act”.

B. The Legislature hereby declares that the increasing

incidence of child abuse and its attendant human and financial cost

to the citizens of Oklahoma requires that the prevention of child

abuse and neglect be identified as a priority within the children,

youth and family service system of this state. It is the intent of

the Legislature that:

1. A comprehensive approach for the prevention of child abuse

and neglect be developed for the state, and that this planned,

comprehensive approach be used as a basis for funding of programs

and services for the prevention of child abuse and neglect

statewide; and

2. Multidisciplinary and discipline-specific training on child

abuse and neglect and domestic violence be made available to

professionals in Oklahoma with responsibilities affecting children,

youth, and families, including but not limited to: district

attorneys, judges, lawyers, public defenders, medical personnel, law

enforcement officers, school personnel, child welfare workers, youth

Oklahoma Statutes - Title 63. Public Health and Safety Page 118

service agencies, mental health workers, and Court Appointed Special

Advocates (CASA). Said training shall be ongoing and shall

accommodate professionals who require extensive knowledge and those

who require only general knowledge.

C. For the purpose of establishing a comprehensive statewide

approach towards the prevention of child abuse and neglect there is

hereby created the Office of Child Abuse Prevention within the State

Department of Health.
Okla. Stat. tit. 63, § 63-695.1 — OK Code / Title 63 / Section 63-695.1
Short title
Status: in_force

Sections 3 through 12 of this act shall be known and may be

cited as the “Oklahoma Intrastate Mutual Aid Compact”.
Okla. Stat. tit. 63, § 63-3240.8 — OK Code / Title 63 / Section 63-3240.8
Community Hospitals Authority Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Community Hospitals Authority to be designated the

“Community Hospitals Authority Revolving Fund”. The fund shall be a

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

consist of monies available to the Authority. All monies accruing

to the credit of the fund are hereby appropriated and may be

budgeted and expended by the Community Hospitals Authority as

authorized by law. The Authority shall ensure that all monies

deposited into the fund are matched with federal dollars whenever

possible.
Okla. Stat. tit. 63, § 63-3080.1 — OK Code / Title 63 / Section 63-3080.1
Short title
Status: in_force

Sections 1 through 5 of this act shall be known and may be cited

as the "Hydration and Nutrition for Incompetent Patients Act".
Okla. Stat. tit. 63, § 63-1-738.3a — OK Code / Title 63 / Section 63-1-738.3a
Form tracking voluntary and informed consent -
Status: in_force

Contents of form - Submission - Late fee.

A. By February 1, 2008, the State Department of Health shall

prepare and make available on its stable Internet website the form

described in subsection B of this section. A copy of this act shall

be posted on the website. Physicians performing abortions shall

complete and electronically submit the required forms to the

Department no later than April 1 for the previous calendar year.

Nothing in the report shall contain the name, address, or any other

identifying information of any patient.

B. The form for physicians shall contain a listing for the

following information:

1. The number of females to whom the physician, or an agent of

the physician, provided the information described in Section 1-738.2

of Title 63 of the Oklahoma Statutes; of that number, the number

provided the information by telephone and the number provided the

information in person; and of each of those numbers, the number

provided the information in the capacity of a referring physician

and the number provided the information in the capacity of a

physician who is to perform the abortion; and of each of those

numbers, the number provided the information by the physician and

the number provided the information by an agent of the physician;

2. The number of females who availed themselves of the

opportunity to obtain a copy of the printed information described in

Oklahoma Statutes - Title 63. Public Health and Safety Page 327

Section 1-738.3 of Title 63 of the Oklahoma Statutes other than on

the website, and the number who did not; and of each of those

numbers, the number who, to the best of the information and belief

of the reporting physician, went on to obtain the abortion; and

3. The number of abortions performed by the physician in which

information otherwise required to be provided at least seventy-two

(72) hours before the abortion was not so provided because an

immediate abortion was necessary to avert the death of the female,

and the number of abortions in which the information was not so

provided because a delay would cause substantial and irreversible

impairment of a major bodily function.

C. The State Department of Health shall ensure that the

reporting forms described in subsection B of this section are

posted, on its stable Internet website, within one hundred twenty

(120) days after the effective date of this act. The State

Department of Health shall notify the following of the requirements

of this act:

1. By March 1, 2008, all physicians licensed to practice in

this state;

2. Each physician who subsequently becomes newly licensed to

practice in this state, at the same time as official notification to

that physician that the physician is so licensed; and

3. By December 1 of each year, other than the calendar year in

which forms are first made available to all physicians licensed to

practice in this state.

D. By February 28 of each year following a calendar year in any

part of which this section was in effect, each physician who

provided, or whose agent provided, information to one or more

females in accordance with Section 1-738.2 of Title 63 of the

Oklahoma Statutes during the previous calendar year shall

electronically submit to the State Department of Health the form

described in subsection B of this section, with the requested data

entered accurately and completely.

E. Reports that are not electronically submitted by the end of

a grace period of thirty (30) days following the due date shall be

subject to a late fee of Five Hundred Dollars ($500.00) for each

additional thirty-day period or portion of a thirty-day period the

reports are overdue. Any physician required to report in accordance

with this section who has not completed and electronically submitted

a report, or has electronically submitted only an incomplete report,

more than one (1) year following the due date, may, in an action

brought by the State Department of Health, be directed by a court of

competent jurisdiction to electronically submit a complete report

within a period stated by court order or be subject to sanctions for

civil contempt.

F. By June 30 of each year, the State Department of Health

shall prepare and make available on its stable Internet website a

Oklahoma Statutes - Title 63. Public Health and Safety Page 328

public report providing statistics for the previous calendar year

compiled from all items listed in subsection B of this section.

Each report shall also provide statistics for all previous calendar

years, adjusted to reflect any additional information from late or

corrected reports. The State Department of Health shall take care

to ensure that none of the information included in the public

reports could reasonably lead to the identification of any

individual providing or provided information in accordance with

subsection B of this section.

G. The State Department of Health may promulgate rules in

accordance with the Administrative Procedures Act to alter the dates

established by this section or consolidate the form or report

described in this section with other forms or reports to achieve

administrative convenience, fiscal savings or to reduce the burden

of reporting requirements, as long as reporting forms are made

available, on its stable Internet website to all licensed physicians

in the state, and the report described in this section is issued at

least once every year.
Okla. Stat. tit. 63, § 63-1-311 — OK Code / Title 63 / Section 63-1-311
Birth certificates - Filing - Contents - Surrogates
Status: in_force

A. A certificate of birth for each live birth which occurs in

this state shall be filed with the Commissioner of Health within

seven (7) days after the birth.

B. When a birth occurs in an institution, the person in charge

of the institution or a designated representative shall obtain the

personal data, prepare the certificate and secure the signatures

required by the certificate. The physician in attendance shall

certify to the facts of birth and provide the medical information

required by the certificate within five (5) days after the birth.

C. When a birth occurs outside an institution, the certificate

shall be prepared and filed by one of the following in the indicated

order of priority:

1. The physician in attendance at or immediately after the

birth;

2. Any other person in attendance at or immediately after the

birth; or

3. The father, the mother or, in the absence or inability of

the father or mother, the person in charge of the premises where the

birth occurred and present at the birth.

D. 1. If the mother was married at the time of birth, or

married at any time during the three hundred (300) calendar days

before the birth, the name of the husband shall be entered on the

certificate as the father of the child unless paternity has been

determined otherwise by a court of competent jurisdiction or a

husband's denial of paternity form has been filed along with an

affidavit acknowledging paternity, in which case the name of the

father as determined by the court or affidavit acknowledging

paternity shall be entered. If there is a refusal to identify

paternity on the birth certificate, the State Department of Health

is authorized to register a birth certificate as such.

2. If the mother was not married at the time of birth, nor

married at any time during the three hundred (300) calendar days

before the birth, the name of the father shall be entered on the

certificate of birth only if:

a. a determination of paternity has been made by an

administrative action through the Department of Human

Services or a court of competent jurisdiction, in

which case the name of the father shall be entered, or

b. the mother and father have agreed as to the biological

paternity of the child and signed an acknowledgment of

paternity pursuant to Section 1-311.3 of this title,

or substantially similar affidavit from another state

and filed it with the Commissioner of Health.

This shall give the unmarried mother and biological father equal

rights and obligations to the child. A child whose parentage has

Oklahoma Statutes - Title 63. Public Health and Safety Page 178

been determined as set forth shall be treated as a child of parents

who were married at the time of the birth.

E. Either of the parents of the child shall sign the

certificate of live birth worksheet to attest to the accuracy of the

personal data entered thereon, in time to permit its filing within

the seven (7) days prescribed in this section.

F. If the live birth results from a process in which the

delivering mother was carrying the child of another woman by way of

a prearranged legal contract, the original birth certificate shall

be filed with the personal information of the woman who delivered

the child. A new birth certificate will be placed on file once the

Department receives both a court order and a completed form

prescribed by the Department which identifies the various parties

and documents the personal information of the intended parents

necessary to complete the new birth certificate.

G. Beginning on April 25, 2022, the biological sex designation

on a certificate of birth issued under this section shall be either

male or female and shall not be nonbinary or any symbol representing

a nonbinary designation including but not limited to the letter "X".
Okla. Stat. tit. 63, § 63-4210.12 — OK Code / Title 63 / Section 63-4210.12
Laboratory report - Evidence
Status: in_force

A. At any proceeding held relevant to this act, a report of the

findings of the laboratory of the Oklahoma State Bureau of

Investigation, the medical examiner's report of investigation or

autopsy report, or a laboratory report from a forensic laboratory

operated by the State of Oklahoma or any political subdivision

thereof, which has been made available to the person or an

authorized representative at least five (5) days prior to the

hearing, with reference to all or part of the evidence submitted,

when certified as correct by the persons making the report shall be

received as evidence of the facts and findings stated, if relevant

and otherwise admissible in evidence. If the report is deemed

relevant by either party, the court shall admit the report without

the testimony of the person making the report, unless the court,

pursuant to this subsection, orders the person to appear.

B. When any alleged controlled dangerous substance has been

submitted to the laboratory of the Oklahoma State Bureau of

Investigation for analysis, and the analysis shows that the

submitted material is a controlled dangerous substance, the

distribution of which constitutes a felony under the laws of this

state, no portion of the substance shall be released to any other

person or laboratory absent an order of a district court. The

defendant shall additionally be required to submit to the court a

procedure for transfer and analysis of the subject material to

ensure the integrity of the sample and to prevent the material from

being used in any illegal manner.

C. The court, upon motion of either party, shall order the

attendance of any person preparing a report submitted as evidence in

the hearing when it appears there is a substantial likelihood that

material evidence not contained in the report may be produced by the

testimony of any person having prepared a report. The hearing shall

be held and, if sustained, an order issued not less than five (5)

days prior to the time when the testimony shall be required.

D. If within five (5) days prior to the hearing or during a

hearing, a motion is made pursuant to this section requiring a

person having prepared a report to testify, the court may hear a

report or other evidence but shall continue the hearing until such

time notice of the motion and hearing is given to the person making

the report, the motion is heard, and, if sustained, the testimony

ordered can be given.
Okla. Stat. tit. 63, § 63-4012 — OK Code / Title 63 / Section 63-4012
Sale or transfer of ownership - Assignment of certificate - Presentment of assigned
Status: in_force

certificate - Delivery of certificate - Filing and indexing - Passage of ownership by operation of law -- Presentment of assigned certificate - Delivery of certificate -

Filing and indexing - Passage of ownership by operation of law -

Homemade vessels - Bills of sale - Duplicate certificates.

A. In the event of the sale or transfer of the ownership of a

vessel or motor for which a certificate of title has been issued,

the holder of such certificate shall endorse on the back of same a

complete assignment thereof with warranty of title in form printed

thereon with a statement of all liens or encumbrances on said vessel

or motor sworn to before a notary public or some other person

authorized by law to take acknowledgments, and deliver same to the

purchaser or transferee at the time of delivery to him of such

vessel or motor. The purchaser or transferee, unless such person is

a bona fide dealer licensed by the State of Oklahoma, shall, within

thirty (30) calendar days from the time of delivery to him of such

vessel or motor, present the assigned certificate of title to

Service Oklahoma, or one of its licensed operators, accompanied by

the fee required pursuant to Section 4014 of this title, together

with any excise tax or registration fee that may be due, whereupon a

new certificate of title, shall be issued to the assignee.

B. A licensed dealer shall, on selling or otherwise disposing

of a vessel or motor, execute and deliver to the purchaser thereof

the certificate of title properly and completely reassigned.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1617

C. Said certificate, when so assigned and returned to Service

Oklahoma, together with any subsequent assignment or reissue

thereof, shall be appropriately filed and indexed so that at all

times it will be possible to trace title to the vessel or motor

designated therein. Provided, when the ownership of any vessel or

motor shall pass by operation of law, the person owning such vessel

or motor may, upon furnishing satisfactory proof to Service Oklahoma

of such ownership, procure a title to said vessel or motor,

regardless of whether a certificate of title has ever been issued.

Provided, however, all homemade vessels shall first comply with the

provisions of subsection D of Section 4009 of this title.

D. The dealer shall execute and deliver to the purchaser bills

of sale for all new vessels or new motors sold by him. On

presentation of a bill of sale by a dealer for a new vessel or motor

sold in this state, accompanied by any fee required by Section 4014

of this title and any excise tax that may be due, a certificate of

title shall be issued.

E. Upon proper proof of a lost certificate of title being made

to Service Oklahoma or one of its licensed operators, accompanied by

an application therefor and payment of the fees required by Section

4014 of this title, a duplicate certificate of title shall be issued

to said applicant.
Okla. Stat. tit. 63, § 63-1-1914.1 — OK Code / Title 63 / Section 63-1-1914.1
Remedies for violations - Considerations in
Status: in_force

determining appropriate remedy.

A. For violations of the Nursing Home Care Act, the rules

promulgated thereto, or Medicare/Medicaid certification regulations:

1. The State Department of Health shall seek remedial action

against a licensee, owner or operator of a facility and may, after

notice and opportunity for a hearing, impose the remedy most likely

to:

a. gain and ensure continued compliance with the Nursing

Home Care Act, the rules promulgated thereto, or

federal certification standards or both rules and

standards, or

Oklahoma Statutes - Title 63. Public Health and Safety Page 683

b. provide for the financial operation of the facility

that ensures the health, safety and welfare of the

residents;

2. In the alternative or in addition to any remedial action,

the State Commissioner of Health may direct the Oklahoma Health Care

Authority to withhold vendor payments due to a facility under its

programs until such time as the corrections are made;

3. The Department may deny, refuse to renew, suspend or revoke

a license, ban future admissions to a facility, assess

administrative penalties, or issue a conditional license; and

4. a. Pursuant to an investigation or inspection that

reveals a willful violation of rules pertaining to

minimum direct-care staffing requirements, the

Commissioner shall notify the Oklahoma Health Care

Authority and the Authority shall withhold as a

penalty a minimum of twenty percent (20%) of the

vendor payments due the facility under its programs

for each day such violation continues.

b. The Commissioner shall impose an equivalent penalty

amount under licensure standards for a facility that

does not receive vendor payments under its program

that is in willful violation of rules pertaining to

minimum direct-care staffing requirements.

B. Whenever the Department takes remedial action against a

facility because the financial condition of the facility has

endangered or is at risk of endangering the proper operation of the

facility or the health, safety or welfare of the residents of the

facility, the Department shall also review the conditions of all

other facilities in this state owned or operated by a person with a

controlling interest as defined Section 1-851.1 of this title, and

may take remedial action against the facilities as necessary or

appropriate.

C. Remedial action as provided in subsection A or B of this

section shall be based on current and past noncompliance or

incomplete or partial compliance; repeated violations; or failure to

substantially comply with the Nursing Home Care Act and rules

promulgated thereto. In determining the most appropriate remedy,

the Department shall consider at least the following:

1. The nature, circumstances and gravity of the violations;

2. The repetitive nature of the violations at the facility or

others operated by the same or related entities;

3. The previous degree of difficulty in obtaining compliance

with the rules at the facility or others operated by the same or

related entities; and

4. A clear demonstration of good faith in attempting to achieve

and maintain continuing compliance with the provisions of the

Nursing Home Care Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 684
Okla. Stat. tit. 63, § 63-936 — OK Code / Title 63 / Section 63-936
Office and laboratory
Status: in_force

The Board shall provide for a central and eastern office

and shall see that there is maintained a laboratory

suitably equipped with facilities for performance of the

duties imposed by Section 931 et seq. of this title.
Okla. Stat. tit. 63, § 63-4212 — OK Code / Title 63 / Section 63-4212
Towing person or persons using parasails, water skis or similar devices - Time restrictions
Status: in_force

- Professional exhibitions excepted - Colliding with or striking object or person - Operation ofsimilar devices - Time restrictions - Professional exhibitions

excepted - Colliding with or striking object or person - Operation

of personal watercraft.

A. 1. No person shall operate or give permission to operate a

vessel on any waters of this state for towing a person or persons

using parasails or on water skis, a surfboard, or similar device

unless there is in such vessel:

a. a person who is at least eight (8) years old, and who,

in addition to the operator, is in a position to

observe the progress of the person or persons being

towed,

b. if the vessel is not a personal watercraft, an

efficient wide angle convex rear view mirror installed

on such vessel in such manner as to permit the person

Oklahoma Statutes - Title 63. Public Health and Safety Page 1682

operating said vessel to face the direction of travel

and be in a position to observe the progress of the

person or persons being towed, or

c. if the vessel is a personal watercraft, two efficient

wide angle convex rear view mirrors installed on such

vessel in such manner as to permit the person

operating such watercraft to face the direction of

travel and be in a position to observe the progress of

the person or person being towed.

2. Water skiing shall be allowed with any watercraft which is

designed to accommodate two or more persons.

B. No person shall operate or give permission to operate a

vessel on any waters of this state towing a person or persons using

parasails or on water skis, a surfboard, a sailboard or similar

device nor shall any person engage in parasailing, water skiing,

surfboarding, sailboarding or similar activity at any time between

the hours from sunset to sunrise or at such time visibility due to

other existing conditions is obscured so as to endanger life or

property.

C. The provisions of subsections A and B of this section do not

apply to a performer engaged in a professional exhibition or a

person or persons engaged in an activity authorized under Section

4205 of this title.

D. No person shall operate or give permission to operate or

manipulate any vessel, tow rope or other device by which the

direction or location of parasails, water skis, a surfboard, or

similar device may be affected or controlled in such a way as to

cause the parasails, water skis, surfboard, or similar device, or

any person thereon to collide with or strike against any object or

person.

E. 1. No person shall operate or give permission to operate a

personal watercraft or similar device capable of being remote

controlled by the skier unless such device is factory equipped with

an engine kill switch capable of shutting off the engine in the

event the skier becomes detached from the personal watercraft

device. A person operating a personal watercraft equipped by the

manufacturer with a lanyard type engine cutoff switch shall attach

such lanyard to his or her person, clothing, or personal flotation

device as appropriate for the specific vessel.

2. No person shall operate a personal watercraft at any time

between the hours from sunset to sunrise unless equipped with

prescribed lights.
Okla. Stat. tit. 63, § 63-707 — OK Code / Title 63 / Section 63-707
Penalties
Status: in_force

Any violation of this act is hereby made a misdemeanor

punishable by a fine of not less than Twenty-five Dollars ($25.00)

nor more than One Hundred Dollars ($100.00) or by imprisonment in

the county jail for a period not to exceed thirty (30) days, or by

both such fine and imprisonment.
Okla. Stat. tit. 63, § 63-1-731.4 — OK Code / Title 63 / Section 63-1-731.4
Abortion prohibited – Exception - Penalties
Status: in_force

A. As used in this section:

1. The terms "abortion" and "unborn child" shall have the same

meaning as provided by Section 1-730 of Title 63 of the Oklahoma

Statutes; and

2. "Medical emergency" means a condition which cannot be

remedied by delivery of the child in which an abortion is necessary

to preserve the life of a pregnant woman whose life is endangered by

a physical disorder, physical illness or physical injury including a

life-endangering physical condition caused by or arising from the

pregnancy itself.

B. 1. Notwithstanding any other provision of law, a person

shall not purposely perform or attempt to perform an abortion except

to save the life of a pregnant woman in a medical emergency.

2. A person convicted of performing or attempting to perform an

abortion shall be guilty of a felony punishable by a fine not to

exceed One Hundred Thousand Dollars ($100,000.00), or by confinement

in the custody of the Department of Corrections for a term not to

exceed ten (10) years, or by such fine and imprisonment.

3. This section does not:

a. authorize the charging or conviction of a woman with

any criminal offense in the death of her own unborn

child, or

b. prohibit the sale, use, prescription or administration

of a contraceptive measure, drug or chemical if the

contraceptive measure, drug or chemical is

administered before the time when a pregnancy could be

determined through conventional medical testing and if

the contraceptive measure, drug or chemical is sold,

used, prescribed or administered in accordance with

manufacturer instructions.

Oklahoma Statutes - Title 63. Public Health and Safety Page 311

4. It is an affirmative defense to prosecution under this

section if a licensed physician provides medical treatment to a

pregnant woman which results in the accidental or unintentional

injury or death to the unborn child.
Okla. Stat. tit. 63, § 63-1-757.5 — OK Code / Title 63 / Section 63-1-757.5
Promulgation of rules – Requirements for manufacturers
Status: in_force

and distributors – Requirements for physicians.

A. The State Board of Pharmacy shall promulgate rules to create

a certification program to oversee and regulate the manufacture and

distribution of abortion-inducing drugs by manufacturers and

distributors licensed by the State Board of Pharmacy.

B. The State Board of Pharmacy shall establish the following

requirements for manufacturers and distributors of abortion-inducing

drugs, at a minimum:

1. Require completion of the certification process for

manufacturers and distributors as described in Section 6 of this

act;

2. Require that abortion-inducing drugs be transported and

provided in this state only by manufacturers or distributors

certified to do so under this program;

3. Notify manufacturers and distributors of physicians

certified under the Oklahoma Abortion-Inducing Drug Certification

Program;

Oklahoma Statutes - Title 63. Public Health and Safety Page 456

4. Prohibit shipment of abortion-inducing drugs to physicians

who become de-certified from the Oklahoma Abortion-Inducing Drug

Certification Program;

5. Audit newly certified manufacturers and distributors within

ninety (90) calendar days after the manufacturer or distributor is

authorized, and annually thereafter, to ensure that all processes

and procedures are in place and functioning to support the

requirements of the Oklahoma Abortion-Inducing Drug Certification

Program;

6. If a manufacturer or distributor is found to be

noncompliant, immediately suspend manufacturer's or distributor's

certification until the manufacturer or distributor demonstrates

full compliance; and

7. Enforce compliance according to Section 12 of this act.

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

State Board of Osteopathic Examiners shall promulgate rules to

create a certification program to oversee and regulate the provision

of abortion-inducing drugs by physicians licensed by the respective

state licensing board. The drugs shall only be provided to patients

by fully licensed physicians certified to do so under this program

by their respective state licensing boards.

D. The State Board of Medical Licensure and Supervision and the

State Board of Osteopathic Examiners shall establish the following

requirements for physicians providing abortion-inducing drugs, at a

minimum:

1. Require completion of the certification process for

physicians as described in Section 7 of this act;

2. Audit newly certified physicians within ninety (90) calendar

days after the physician is authorized, and annually thereafter, to

ensure that all required processes and procedures are in place and

functioning to support the requirements of the Oklahoma Abortion-

Inducing Drug Certification Program;

3. If a physician is found to be noncompliant, immediately

suspend the physician's certification until such time that the

physician demonstrates full compliance;

4. Develop a reporting system as specified in Section 9 of this

act; and

5. Enforce compliance according to Section 12 of this act.Oklahoma Statutes - Title 63. Public Health and Safety Page 14
Okla. Stat. tit. 63, § 63-1-502.2 — OK Code / Title 63 / Section 63-1-502.2
Certain information to be confidential - Circumstances
Status: in_force

under which release permissible - Written consent defined -

Oklahoma Statutes - Title 63. Public Health and Safety Page 209

Multidisciplinary advisory committee on HIV/HBV-infected health care

workers - Wrongful disclosure of certain information.

A. Unless otherwise provided by law, all information and

records created, received, investigated, held, or maintained by the

State Department of Health concerning any person who has

participated in a public health investigation or who may have any

communicable or noncommunicable disease which is required to be

reported pursuant to Sections 1-501 through 1-532.1 of this title

shall be confidential records of the Department and shall not be

required to be produced pursuant to the Oklahoma Open Records Act.

Such information shall not be released except under the following

circumstances:

1. Release is made upon court order;

2. Release is made in writing, by or with the written consent

of the person whose information is being kept confidential or with

the written consent of the legal guardian or legal custodian of such

person, or if such person is a minor, with the written consent of

the parent or legal guardian of such minor;

3. Release is necessary as determined by the State Department

of Health to protect the health and well-being of the general public

and such release is authorized or required under and released in

accordance with the Health Insurance Portability and Accountability

Act of 1996;

4. Release is made of medical or epidemiological information to

those persons who have had risk exposures pursuant to Section 1-

502.1 of this title;

5. Release is made of medical or epidemiological information to

health professionals, appropriate state or federal agencies, or

district courts to enforce the provisions of Sections 1-501 through

1-532.1 of this title and related rules and regulations concerning

the control and treatment of communicable or noncommunicable

diseases;

6. Release is made of specific medical or epidemiological

information for statistical purposes whether within the State of

Oklahoma or throughout the United States, in such a way that no

person can be identified;

7. Release is made of medical information among health care

providers, their agents or employees, within the continuum of care

for the purpose of diagnosis and treatment of the person whose

information is released whether within the State of Oklahoma or

throughout the United States; or

8. When the patient is an inmate in the custody of the

Department of Corrections or a private prison or facility under

contract with the Department of Corrections, and the release of the

information is necessary:

a. to prevent or lessen a serious and imminent threat to

the health or safety of a person or the public, and it

Oklahoma Statutes - Title 63. Public Health and Safety Page 210

is to a person or persons reasonably able to prevent

or lessen the threat, including the target of the

threat, or

b. for law enforcement authorities to identify or

apprehend an individual where it appears from all the

circumstances that the individual has escaped from a

correctional institution or from lawful custody.

B. For the purposes of this section only, "written consent"

means that the person whose information is required to be kept

confidential by this section or the person legally authorized to

consent to release by this section has been informed of all persons

or organizations to whom such information may be released or

disclosed by the specific release granted. Consent obtained for

release of information, pursuant to paragraph 2 of subsection A of

this section, shall not be considered valid unless, prior to

consent, the person consenting to the release was given notice of

the provisions for release of confidential information pursuant to

this section. The provisions of this subsection shall not apply to

written authorizations to disclose information to the Social- Written consent defined - Multidisciplinary advisory committee on HIV/HBV-infected health cared for

release of information, pursuant to paragraph 2 of subsection A of

this section, shall not be considered valid unless, prior to

consent, the person consenting to the release was given notice of

the provisions for release of confidential information pursuant to

this section. The provisions of this subsection shall not apply to

written authorizations to disclose information to the Social

Security Administration.

C. 1. The State Department of Health may convene a

confidential meeting of a multidisciplinary team for recommendation

on school placement of a student who is infected with the human

immunodeficiency virus. The multidisciplinary team shall include,

but not be limited to, the following:

a. the parent, parents, legal representative, or legal

guardian or legal custodian of the student,

b. the physician of the student,

c. a representative from the superintendent's office of

the affected school district,

d. a representative from the State Department of

Education, and

e. a representative from the State Department of Health.

Each member of the team shall be responsible for protecting the

confidentiality of the student and any information made available to

such person as a member of the team. The multidisciplinary team

shall be exempt from the requirements of Sections 301 through 314 of

Title 25 of the Oklahoma Statutes and Sections 24A.1 through 24A.19

of Title 51 of the Oklahoma Statutes.

2. Each member of the local school board having jurisdiction

over the student shall also be responsible for protecting the

confidentiality of the student and any information made available to

such person as a school board member.

D. The State Department of Health may convene a confidential

meeting of a multidisciplinary advisory committee to make

recommendations regarding the practice of health care workers who

are infected with the human immunodeficiency virus (HIV) or

Oklahoma Statutes - Title 63. Public Health and Safety Page 211

hepatitis B virus (HBV), who may be performing exposure-prone

procedures. The membership of the multidisciplinary advisory

committee shall include, but not be limited to, the following:

1. The State Commissioner of Health or designee;

2. Legal counsel to the State Commissioner of Health;

3. The state epidemiologist or designee;

4. An infectious disease specialist with expertise in HIV/HBV

infection; and

5. Two practicing health care workers from the same discipline

as the HIV/HBV-infected health care worker.

In addition, the health care worker being discussed, and/or an

advocate, and the personal physician of the health care worker being

discussed shall be invited to the multidisciplinary advisory

committee meeting. Discussion of the case shall be made without

using the actual name of the health care worker. Each member of the

multidisciplinary advisory committee shall be responsible for

protecting the confidentiality of the HIV/HBV-infected health care

worker and the confidentiality of any information made available to

such person as a member of the multidisciplinary advisory committee.

The multidisciplinary advisory committee shall be exempt from the

requirements of the Oklahoma Open Meeting Act and the Oklahoma Open

Records Act.

E. Upon advice of the multidisciplinary advisory committee, the

State Commissioner of Health or designee may notify an appropriate

official at the health care facility where the HIV/HBV-infected

health care worker practices that the health care worker is

seropositive for HIV and/or HBV. Notification shall be made only

when necessary to monitor the ability of the HIV/HBV-infected health

care worker to comply with universal precautions and appropriate

infection control practices, and/or to monitor the ongoing

functional capacity of the health care worker to perform his or her

duties. Notification shall occur through one of the following

officials:

1. The facility administrator;

2. The hospital epidemiologist;

3. The chair of the infection control committee of the

facility; or

4. The medical chief of staff of the facility.

F. If the HIV/HBV-infected health care worker fails or refuses

to comply with the recommendations of the multidisciplinary advisory

committee, the State Commissioner of Health or designee may take

such actions as may be required to perform the duties imposed by the

laws of the State of Oklahoma, and may advise the appropriate

licensing board.

G. Any person who negligently, knowingly or intentionally

discloses or fails to protect medical or epidemiological information

classified as confidential pursuant to this section, upon

Oklahoma Statutes - Title 63. Public Health and Safety Page 212

conviction, shall be guilty of a misdemeanor punishable by the

imposition of a fine of not less than One Thousand Dollars

($1,000.00) or by imprisonment in the county jail for not more than

thirty (30) days, or by both such fine and imprisonment.

H. Any person who negligently, knowingly or intentionally

discloses or fails to protect medical or epidemiological information

classified as confidential pursuant to this section shall be civilly

liable to the person who is the subject of the disclosure for court

costs, attorney fees, exemplary damages and all actual damages,

including damages for economic, bodily or psychological harm which

are proximately caused by the disclosure.
Okla. Stat. tit. 63, § 63-2255.3 — OK Code / Title 63 / Section 63-2255.3
Renumbered as § 1-2403 of Title 63 by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2403 of Title 63

by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-4255 — OK Code / Title 63 / Section 63-4255
Forfeiture of property
Status: in_force

A. The following are subject to forfeiture unless obtained by

theft, fraud, or conspiracy to defraud and the rightful owner is

known or can be identified and located:

1. Any tool;

2. Any implement; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1700

3. Any instrumentality, including, but not limited to, any

vessel or motor or vessel or motor part, whether owned or unowned by

the person from whose possession or control it was seized, which is

used or possessed either in violation of Section 4253 of this title

or to promote or facilitate a violation of Section 4253 of this

title.

B. Any vessel or motor, other conveyance, or vessel or motor

part used by any person as a common carrier is subject to forfeiture

under this section where the owner or other person in charge of the

vessel or motor, other conveyance, or vessel or motor part is a

consenting party to a violation of Section 4253 of this title.

C. No vessel or motor, vessel or motor part, other conveyance,

tool, implement, or instrumentality is subject to forfeiture under

this section by reason of any act or omission which the owner proves

to have been committed or omitted without the owner’s knowledge or

consent.

D. 1. Seizing agencies shall utilize their best efforts to

identify any seized vessel or motor or vessel or motor part to

determine ownership or the identity of any other person having a

right or interest in a seized vessel or motor or vessel or motor

part. In its reasonable identification and owner location attempts,

the seizing agency shall cause the National Crime Information Center

(NCIC) to be searched for stolen or wanted information on vessels or

motors similar to the seized vessel or motor or consistent with the

seized vessel or motor part.

2. Where a vessel or motor or vessel or motor part has an

apparent value in excess of One Thousand Dollars ($1,000.00):

a. the seizing agency shall consult with an expert of the

type specified in Section 4252 of this title, and

b. the seizing agency shall also request searches of the

on-line and off-line files of the National Crime

Information Center (NCIC) when the state law

enforcement files have been searched with negative

results.

E. A forfeiture of a vessel or motor, vessel or motor part, or

other conveyance encumbered by a bona fide security interest is

subject to the interest of the secured party where the secured party

neither had knowledge of nor consented to the act or omission

forming the ground for the forfeiture.

F. Property described in subsection A of this section seized

and held for forfeiture shall not be subject to replevin and is

subject only to the order and judgments of a court of competent

jurisdiction hearing the forfeiture proceedings.

G. 1. The district attorney in the county where the seizure

occurs shall bring an action for forfeiture in a court of competent

jurisdiction. The forfeiture action shall be brought within sixty

(60) days from the date of seizure except where the district

Oklahoma Statutes - Title 63. Public Health and Safety Page 1701

attorney in the sound exercise of discretion determines that no

forfeiture action should be brought because of the rights of

property owners, lienholders, or secured creditors, or because of

exculpatory, exonerating, or mitigating facts and circumstances.

2. The district attorney shall give notice of the forfeiture

proceeding by mailing a copy of the complaint in the forfeiture

proceeding to each person whose right, title, or interest is of

record in Service Oklahoma, the Department of Public Safety, the

Federal Aviation Agency, or any other department of the state, or

any other state or territory of the United States, or of the federal

government if such property is required to be registered in any such

department.

3. Notice of the proceeding shall be given to any such other

person as may appear, from the facts and circumstances, to have any

right, title, or interest in or to the property.

4. The owner of the property, or any person having, or

claiming, right, title, or interest in the property may within sixty

(60) days after the mailing of such notice file a verified answer to

the complaint and may appear at the hearing on the action for

forfeiture.

5. The district attorney shall show at a forfeiture hearing, by

a preponderance of the evidence, that such property was used in the

commission of a violation of Section 4253 of this title, or was used

or possessed to facilitate such violation.

6. The owner of property may show by a preponderance of the

evidence that the owner did not know, and did not have reason to

know, that the property was to be used or possessed in the

commission of any violation or that any of the exceptions to

forfeiture are applicable.

7. Unless the district attorney shall make the showing required

of it, the court shall order the property released to the owner.

Where the prosecutor has made such a showing, the court may order:

a. the property be destroyed by the agency which seized

it or some other agency designated by the court,

b. the property be delivered and retained for use by the

agency which seized it or some other agency designated

by the court, or

c. the property be sold at public sale.

H. A copy of a forfeiture order shall be filed with the sheriff

of the county in which the forfeiture occurs and with each federal

or state department with which such property is required to be

registered. Such order, when filed, constitutes authority for the

issuance to the agency to whom the property is delivered and

retained for use or to any purchaser of the property of a title

certificate, registration certificate, or other special certificate

as may be required by law considering the condition of the property.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1702

I. Proceeds from sale at public auction, after payment of all

reasonable charges and expenses incurred by the agency designated by

the court to conduct the sale in storing and selling the property,

shall be paid to the general fund of the county of seizure or

treasury of the governmental unit employing the seizing agency.

J. No vessel or motor, either seized under Section 4254 of this

title or forfeited under this section, shall be released by the

seizing agency or used or sold by an agency designated by the court

unless any altered, counterfeited, defaced, destroyed, disguised,

falsified, forged, obliterated, or removed hull identification

number, manufacturer’s serial number or other identification number

is corrected by the issuance and affixing of either an assigned or

replacement hull identification number plate, manufacturer’s serial

number plate or other identification number plate as may be

appropriate under laws or regulations of this state.

K. No motor part having any altered, counterfeited, defaced,

destroyed, disguised, falsified, forged, obliterated, or removed

hull identification number, manufacturer’s serial number or other

identification number shall be disposed of upon forfeiture except by

destruction thereof, except that this provision shall not apply to

any vessel or motor part which is assembled with and constitutes

part of a vessel or motor.

L. No vessel or motor or vessel or motor part shall be

forfeited under this section solely on the basis that it is

unidentifiable. Instead of forfeiture, any seized vessel or motor

or vessel or motor part which is unidentifiable shall be the subject

of a written report sent by the seizing agency to the Department of

Public Safety which report shall include a description of the vessel

or motor or vessel or motor part, its color, if any, the date, time

and place of its seizure, the name of the person from whose

possession or control it was seized, the grounds for its seizure,

and the location where the same is held or stored.

M. When a seized unidentifiable vessel or motor or vessel or

motor part has been held for sixty (60) days or more after the

notice to the Department of Public Safety specified in subsection L

of this section has been given, the seizing agency or its agent

shall cause the vessel or motor or vessel or motor part to be sold

at public sale to the highest bidder. Notice of the time and place

of sale shall be posted in a conspicuous place for at least thirty

(30) days prior to the sale on the premises where the vessel or

motor or vessel or motor part has been stored.

N. When a seized unidentifiable vessel or motor or vessel or

motor part has an apparent value of One Thousand Dollars ($1,000.00)

or less, the seizing agency shall authorize the disposal of the

vessel or motor or vessel or motor part, provided that no such

disposition shall be made less than sixty (60) days after the date

of seizure.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1703

O. The proceeds of the public sale of an unidentifiable vessel

or motor or vessel or motor part shall be deposited in the General

Revenue Fund of the state, or treasury of the governmental unit

employing the seizing agency after deduction of any reasonable and

necessary towing and storage charges.

P. Seizing agencies shall utilize their best efforts to arrange

for the towing and storing of vessels or motors and vessel or motor

parts in the most economical manner possible. In no event shall the

owner of a vessel or motor or a vessel or motor part be required to

pay more than the minimum reasonable costs of towing and storage.

Q. A seized vessel or motor or vessel or motor part that is

neither forfeited nor unidentifiable shall be held subject to the

order of the court in which the criminal action is pending or, if a

request for its release from such custody is made, until the

district attorney has notified the defendant or the defendant’s

attorney of such request and both the prosecution and defense have

been afforded a reasonable opportunity for an examination of the

property to determine its true value and to produce or reproduce, by

photographs or other identifying techniques, legally sufficient

evidence for introduction at trial or other criminal proceedings.

Upon expiration of a reasonable time for the completion of the

examination, which in no event shall exceed fourteen (14) days from

the date of service upon the defense of the notice of request for

return of property as provided herein, the property shall be

released to the person making such request after satisfactory proof

of such person’s entitlement to the possession thereof.

Notwithstanding the foregoing, upon application by either party with

notice to the other, the court may order retention of the property

if it determines that retention is necessary in the furtherance of

justice.

R. When a seized vessel or motor is forfeited, restored to its

owner, or disposed of as unidentifiable, the seizing agency shall

retain a report of the transaction for a period of at least one (1)

year from the date of the transaction.

S. When an applicant for a certificate of title or salvage

certificate presents to Service Oklahoma proof that the applicant

purchased or acquired a vessel or motor at a public sale conducted

pursuant to this section and such fact is attested to by the seizing

agency, Service Oklahoma shall issue a certificate of title, salvage

certificate for the vessel or motor upon receipt of the statutory

fee, properly executed application for a certificate of title, or

other certificate of ownership, and the affidavit of the seizing

agency that a state-assigned number was applied for and affixed to

the vessel or motor prior to the time that the vessel or motor was

released by the seizing agency to the purchaser.
Okla. Stat. tit. 63, § 63-1-2215 — OK Code / Title 63 / Section 63-1-2215
Willful interference with official duties - Retaliation
Status: in_force

or reprisal for filing complaint - Penalty.

A. No person shall willfully interfere with a representative of

the Office of the State Long-Term Care Ombudsman in the performance

of official duties.

B. No person shall engage in retaliation or reprisal against

any resident or employee of a long-term care facility or other

Oklahoma Statutes - Title 63. Public Health and Safety Page 811

entity for having filed a complaint with or provided information to

the Office.

C. Any person convicted of violating any provisions of this

section shall be guilty of a misdemeanor.
Okla. Stat. tit. 63, § 63-1-832 — OK Code / Title 63 / Section 63-1-832
Prohibited acts - Violations
Status: in_force

A. No person shall willfully:

1. Fail to correct or interfere with the correction of a

violation within the time specified on the notice or approved plan

of correction pursuant to the provisions of the Residential Care Act

as the maximum period given for correction, unless an extension is

granted and the corrections are made before expiration of extension;

2. Prevent, interfere with, or attempt to impede in any way the

work of any duly authorized representative of the State Department

of Health in the investigation and enforcement of the Residential

Care Act;

3. Prevent or attempt to prevent any such representative from

examining any relevant books or records in the conduct of official

duties pursuant to the provisions of the Residential Care Act;

4. Prevent or interfere with any such representative in the

preserving of evidence of any violation of the Residential Care Act

or the rules promulgated pursuant thereto;

5. Retaliate or discriminate against any resident or employee

for contacting or providing information to any state official, or

Oklahoma Statutes - Title 63. Public Health and Safety Page 485

for initiating, participating in, or testifying in an action for any

remedy authorized pursuant to the provisions of the Residential Care

Act;

6. File any false, incomplete, or intentionally misleading

information required to be filed pursuant to the provisions of the

Residential Care Act, or willfully fail or refuse to file any

information required by the Department pursuant to the provisions of

the Residential Care Act; or

7. Open or operate a home without a license. Operation of a

residential care home without a license is a public health emergency

warranting action pursuant to the provisions of Section 1-830 of

this title.

B. No employee of a state or unit of a local governmental

agency shall aid, abet, assist, conceal or conspire with an

administrator, operator or other employee of a home in a violation

of any provision of the Residential Care Act or any rule promulgated

by the State Board of Health pursuant thereto.

C. Any person who violates any of the provisions of the

Residential Care Act, upon conviction, shall be guilty of a

misdemeanor. Each day upon which such violation occurs shall

constitute a separate violation.
Okla. Stat. tit. 63, § 63-1-865.6 — OK Code / Title 63 / Section 63-1-865.6
Sheltered workshop license - Transfer
Status: in_force

A. Except as provided in this section, a license to operate a

sheltered workshop subject to the provisions of the Sheltered

Workshop Act is not transferable. Operation of a sheltered workshop

may only be transferred:

1. With the prior written approval of the Director of the

Developmental Disabilities Services Division of the Department of

Human Services or designee; and

2. From the provider or licensee named in the application to

another provider who has a current license or is deemed licensed in

accordance with the requirements of the Sheltered Workshop Act.

B. The transferor shall remain responsible for the operation of

the sheltered workshop until the transfer is complete. The

transferor shall remain liable for all penalties assessed which are

imposed for violations occurring prior to transfer of operation.

Any citation, problems identified by the Developmental Services

Division prior to the transfer, or outstanding deficiencies

remaining after the transfer are the responsibility of the

transferee to correct.
Okla. Stat. tit. 63, § 63-427.16 — OK Code / Title 63 / Section 63-427.16
Medical marijuana transporter license - Requirements
Status: in_force

A. There is hereby created a medical marijuana transporter

license as a category of the medical marijuana business license.

B. Pursuant to Section 424 of this title, the Oklahoma Medical

Marijuana Authority shall issue a medical marijuana transporter

license to licensed medical marijuana commercial growers,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1167

processors, and dispensaries upon issuance of such licenses and upon

each renewal. Medical marijuana transporter licenses shall also be

issued to licensed medical marijuana research facilities, medical

marijuana education facilities, and medical marijuana testing

laboratories upon issuance of such licenses and upon each renewal.

C. A medical marijuana transporter license may also be issued

to qualifying applicants who are registered with the Secretary of

State and otherwise meet the requirements for a medical marijuana

business license set forth in the Oklahoma Medical Marijuana and

Patient Protection Act and the requirements set forth in this

section to provide logistics, distribution, and storage of medical

marijuana, medical marijuana concentrate, and medical marijuana

products.

D. A medical marijuana transporter license shall be valid for

one (1) year and shall not be transferred with a change of

ownership. A licensed medical marijuana transporter shall be

responsible for all medical marijuana, medical marijuana

concentrate, and medical marijuana products once the transporter

takes control of the product.

E. A transporter license shall be required for any person or

entity to transport or transfer medical marijuana, medical marijuana

concentrate, or medical marijuana products from a licensed medical

marijuana business to another medical marijuana business, or from a

medical marijuana business to a medical marijuana research facility

or medical marijuana education facility.

F. A medical marijuana transporter licensee may contract with

multiple licensed medical marijuana businesses.

G. A medical marijuana transporter may maintain a licensed

premises to temporarily store medical marijuana, medical marijuana

concentrate, and medical marijuana products and to use as a

centralized distribution point. A medical marijuana transporter may

store and distribute medical marijuana, medical marijuana

concentrate, and medical marijuana products from the licensed

premises. The licensed premises shall meet all security

requirements applicable to a medical marijuana business. The

Authority shall issue licenses upon proper application by a licensee

and determination by the Authority that the proposed site and

facility are physically and technically suitable.

H. A medical marijuana transporter licensee shall use the seed-

to-sale tracking system developed pursuant to the Oklahoma Medical

Marijuana and Patient Protection Act to create inventory manifests

documenting the transport or temporary storage of medical marijuana,

medical marijuana concentrate, and medical marijuana products

throughout the state.

I. A licensed medical marijuana transporter may maintain and

operate one or more warehouses in the state to handle medical

marijuana, medical marijuana concentrate, and medical marijuana

Oklahoma Statutes - Title 63. Public Health and Safety Page 1168

products, provided the licensed medical marijuana transporter

possesses a valid, unexpired medical marijuana transporter license

and has applied for and received a permit for each warehouse

location. The Authority shall issue an annual permit for each

warehouse location operated by a licensee that is tied to the annual

medical marijuana transporter license term, and there shall be no

limit to the number of permits issued under a medical marijuana

transporter license. A permit shall be issued only upon proper

application by a licensee and determination by the Authority that

the proposed site and facility are physically and technically

suitable. Upon a finding that a proposed warehouse location is not

physically or technically suitable, the Authority shall deny the

permit. Each warehouse location shall be approved and inspected by

the Authority prior to its use. Medical marijuana transporter

warehouses that are licensed and approved by the Authority may

temporarily store medical marijuana, medical marijuana concentrate,

and medical marijuana products, provided that all temporary storage

is documented, tracked, and traceable in the state-mandated seed-to-

sale tracking system.

J. With the exception of a lawful transfer between medical

marijuana businesses who are licensed to operate at the same

physical address, all medical marijuana, medical marijuana

concentrate, and medical marijuana products shall be transported:

1. In vehicles equipped with Global Positioning System (GPS)

trackers;

2. In a locked container and clearly labeled “Medical Marijuana

or Derivative”; and

3. In a secured area of the vehicle that is not accessible by

the driver during transit.

K. A transporter agent may possess marijuana at any location

while the transporter agent is transferring marijuana to or from a

licensed medical marijuana business, licensed medical marijuana

research facility, or licensed medical marijuana education facility.

The Authority shall administer the provisions of this section and

the Authority, the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, the Oklahoma State Bureau of Investigation, and the

Attorney General shall have the authority to enforce the provisions

of this section concerning transportation.

L. The Authority shall issue a transporter agent license to

individual agents, employees, officers, or owners of a transporter

license in order for the individual to qualify to transport medical

marijuana, medical marijuana concentrate, or medical marijuana

products.

M. The annual fee for a transporter agent license shall be

Twenty-five Dollars ($25.00) and shall be paid by the transporter

license-holder or the individual applicant. Transporter agent

license reprints shall be Twenty Dollars ($20.00).

Oklahoma Statutes - Title 63. Public Health and Safety Page 1169

N. The Authority shall issue each transporter agent a registry

identification card within thirty (30) days of receipt of:

1. The name, address, and date of birth of the person;

2. Proof of current state residency;

3. Proof of identity as required for a medical marijuana

business license;

4. Possession of a valid state-issued driver license;

5. Verification of employment with a licensed transporter;

6. The application and affiliated fee; and

7. A copy of the criminal background check conducted by the

Oklahoma State Bureau of Investigation, paid for by the applicant.

O. If the transporter agent application is denied, the

Authority shall notify the transporter in writing of the reason for

denying the registry identification card.

P. A registry identification card for a transporter shall

expire one (1) year after the date of issuance or upon notification

from the holder of the transporter license that the transporter

agent ceases to work as a transporter.

Q. The Authority may revoke the registry identification card of

a transporter agent who knowingly violates any provision of this

section, and the transporter is subject to any other penalties

established by law for the violation.

R. The Authority may revoke or suspend the transporter license

of a transporter that the Authority determines knowingly aided or

facilitated a violation of any provision of this section, and the

license holder is subject to any other penalties established in law

for the violation.

S. Vehicles used in the transport of medical marijuana or

medical marijuana product shall be:

1. Insured at or above the legal requirements in this state;

2. Capable of securing medical marijuana during transport; and

3. In possession of a shipping container as defined in Section

427.2 of this title capable of securing all transported products.

T. Prior to the transport of any medical marijuana, medical

marijuana concentrate, or medical marijuana products, an inventory

manifest shall be prepared at the origination point of the medical

marijuana. The inventory manifest shall include the following

information:

1. For the origination point of the medical marijuana:

a. the licensee number for the commercial grower,

processor, or dispensary,

b. the address of origination of transport, and

c. the name and contact information for the originating

licensee;

2. For temporary storage at a medical marijuana transporter

licensed premises or warehouse location that is licensed and

approved by the Authority:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1170

a. the license number for the commercial medical

marijuana grower, medical marijuana processor, or

medical marijuana dispensary,

b. the address of origination of transport,

c. the name and contact information for the originating

licensee, and

d. the license number, physical address, and name and

contact information of the medical marijuana

transporter licensed premises or warehouse location

and notation that the medical marijuana, medical

marijuana concentrate, and medical marijuana products

are being temporarily stored;

3. For the end recipient license holder of the medical

marijuana:

a. the license number for the dispensary, commercial

grower, processor, research facility, or education

facility destination,

b. the address of the destination, and

c. the name and contact information for the destination

licensee;

4. Quantities by weight or unit of each type of medical

marijuana product contained in transport;

5. The date of the transport and the approximate time of

departure;

6. The arrival date and estimated time of arrival;

7. Printed names and signatures of the personnel accompanying

the transport; and

8. Notation of the transporting licensee.

U. 1. A separate inventory manifest shall be prepared for each

licensee receiving the medical marijuana.

2. The transporter agent shall provide the other medical

marijuana business with a copy of the inventory manifest at the time

the product changes hands and after the other licensee prints his or

her name and signs the inventory manifest.

3. A receiving licensee shall refuse to accept any medical

marijuana, medical marijuana concentrate, or medical marijuana

products that are not accompanied by an inventory manifest.

4. Originating and receiving licensees, including medical

marijuana transporter warehouses temporarily storing medical

marijuana, medical marijuana concentrate, and medical marijuana

products, shall maintain copies of inventory manifests and logs of

quantities of medical marijuana received for seven (7) years from

date of receipt.
Okla. Stat. tit. 63, § 63-2-312v1 — OK Code / Title 63 / Section 63-2-312v1
Physicians, podiatrists, optometrists, dentists,
Status: in_force

veterinarians and advanced practice nurses - Authority to prescribe,

administer or dispense.

A. A physician, podiatrist, optometrist or a dentist who has

complied with the registration requirements of the Uniform

Controlled Dangerous Substances Act, in good faith and in the course

of such person's professional practice only, may prescribe and

administer controlled dangerous substances, or may cause the same to

be administered by medical or paramedical personnel acting under the

direction and supervision of the physician, podiatrist, optometrist

or dentist, and only may dispense controlled dangerous substances

Oklahoma Statutes - Title 63. Public Health and Safety Page 963

pursuant to the provisions of Sections 355.1 and 355.2 of Title 59

of the Oklahoma Statutes.

B. A veterinarian who has complied with the registration

requirements of the Uniform Controlled Dangerous Substances Act, in

good faith and in the course of the professional practice of the

veterinarian only, and not for use by a human being, may prescribe,

administer, and dispense controlled dangerous substances and may

cause them to be administered by an assistant or orderly under the

direction and supervision of the veterinarian.

C. An advanced practice nurse who is recognized to prescribe by

the Oklahoma Board of Nursing as an advanced registered nurse

practitioner, clinical nurse specialist or certified nurse-midwife,

who is subject to medical direction by a supervising physician,

pursuant to Section 567.3a of Title 59 of the Oklahoma Statutes, and

who has complied with the registration requirements of the Uniform

Controlled Dangerous Substances Act, in good faith and in the course

of professional practice only, may prescribe and administer Schedule

III, IV and V controlled dangerous substances.

D. An advanced practice nurse who is recognized to order,

select, obtain and administer drugs by the Oklahoma Board of Nursing

as a certified registered nurse anesthetist pursuant to Section

353.1b of Title 59 of the Oklahoma Statutes and who has complied

with the registration requirements of the Uniform Controlled

Dangerous Substances Act, in good faith and in the course of such

practitioner's professional practice only, may order, select, obtain

and administer Schedules II through V controlled dangerous

substances in a preanesthetic preparation or evaluation; anesthesia

induction, maintenance or emergence; or postanesthesia care setting

only. A certified registered nurse anesthetist may order, select,

obtain and administer such drugs only during the perioperative or

periobstetrical period.

E. A physician assistant who is recognized to prescribe by the

State Board of Medical Licensure and Supervision under Section 519.6

of Title 59 of the Oklahoma Statutes, and who has complied with the

registration requirements of the Uniform Controlled Dangerous

Substances Act, in good faith and in the course of professional

practice only, may prescribe and administer Schedule II through V

controlled dangerous substances subject to the restrictions in

Section 519.6 of Title 59 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-4037 — OK Code / Title 63 / Section 63-4037
Dealer agreements - Restrictions
Status: in_force

A. The following are the subjects that shall be covered by a

dealer agreement:

1. Length of term of dealer agreement;

2. Performance and marketing standards;

3. Notice provisions relative to termination, cancellation, or

nonrenewal of a dealer agreement;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1644

4. The parties' respective obligations relative to preparation

and delivery of the product and warranty service;

5. The parties' respective obligations upon termination,

cancellation, or nonrenewal of the dealer agreement relative to the

disposal of inventory and equipment, furnishings, special tools, and

signs required by the manufacturer or distributor and acquired

within the two (2) years last preceding such termination,

cancellation, or nonrenewal; and

6. Process and procedure for the resolution of disputes between

the parties.

B. 1. No manufacturer shall enter into a dealer agreement with

a dealer for the same product line regardless of brand name within a

fifteen (15) mile radius of an existing dealer of the same product

line regardless of brand name, provided any dealer agreements in

existence on June 3, 1989, may be extended or re-issued.

2. The provisions of this subsection shall not apply to dealer

agreements relating to inboard and inboard/outboard motors or to

dealer agreements relating to canoes.
Okla. Stat. tit. 63, § 63-1-1708.1F — OK Code / Title 63 / Section 63-1-1708.1F
Medical liability actions - Damages
Status: in_force

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

medical liability action in which the health care services at issue

were provided for:

1. Pregnancy or labor and delivery, including the immediate

post-partum period; or

2. Emergency care in the emergency room of a hospital or as

follow-up to the emergency care services provided in the emergency

room;

the amount of noneconomic damages awarded shall not exceed Three

Hundred Thousand Dollars ($300,000.00), regardless of the number of

parties against whom the action is brought or the number of actions

brought with respect to the personal injury.

B. Where the judge finds by clear and convincing evidence that

the defendant committed negligence in one of the types of cases

enumerated in subsection A of this section, the court shall

articulate its findings into the record out of the presence of the

jury and shall lift the noneconomic damage cap.

C. Nothing in this section shall apply to any nursing facility

or nursing home licensed pursuant to Section 1-1903 of this title or

the owners, operators, officers, agents or employees of such

entities.

D. Nothing in this section shall apply to a medical liability

action brought for wrongful death.

E. This section of law shall terminate on November 1, 2010.
Okla. Stat. tit. 63, § 63-422 — OK Code / Title 63 / Section 63-422
Medical marijuana commercial grower license application –
Status: in_force

Fee – Criteria for license.

A. The Oklahoma Medical Marijuana Authority shall make

available on its website in an easy-to-find location an application

for a medical marijuana commercial grower license. The application

fee shall be paid by the applicant in the amounts provided for in

Section 427.14 of this title. A method of payment for the

application fee shall be provided on the website of the Authority.

The Authority shall have ninety (90) business days to review the

application; approve, reject, or deny the application; and send the

approval, rejection, or denial letter stating the reasons for the

rejection or denial to the applicant in the same method the

application was submitted to the Authority.

B. The Authority shall approve all applications which meet the

following criteria:

1. The applicant must be twenty-five (25) years of age or

older;

2. The applicant, if applying as an individual, must show

residency in this state;

3. All applying entities must show that all members, managers,

and board members are Oklahoma residents;

4. An applying entity may show ownership of non-Oklahoma

residents, but that percentage ownership may not exceed twenty-five

percent (25%);

5. All applying individuals or entities must be registered to

conduct business in this state; and

6. All applicants must disclose all ownership interests in the

commercial grower operation.

Applicants with a nonviolent felony conviction in the last two

(2) years, any other felony conviction in the last five (5) years,

inmates in the custody of the Department of Corrections or any

person currently incarcerated shall not qualify for a commercial

grower license.

C. A licensed medical marijuana commercial grower may sell

marijuana to a licensed medical marijuana dispensary or a licensed

medical marijuana processor. Further, sales by a licensed medical

marijuana commercial grower shall be considered wholesale sales and

shall not be subject to taxation. Under no circumstances may a

licensed medical marijuana commercial grower sell marijuana directly

to a licensed medical marijuana patient or licensed medical

marijuana caregiver. A licensed medical marijuana commercial grower

Oklahoma Statutes - Title 63. Public Health and Safety Page 1105

may only sell at the wholesale level to a licensed medical marijuana

dispensary, a licensed medical marijuana commercial grower or a

licensed medical marijuana processor. If the federal government

lifts restrictions on buying and selling marijuana between states,

then a licensed medical marijuana commercial grower would be allowed

to sell and buy marijuana wholesale from, or to, an out-of-state

wholesale provider. A licensed medical marijuana commercial grower

shall be required to complete a monthly yield and sales report to

the Authority. This report shall be due on the fifteenth of each

month and provide reporting on the previous month. This report

shall detail the amount of marijuana harvested in pounds, the amount

of drying or dried marijuana on hand, the amount of marijuana sold

to licensed processors in pounds, the amount of waste in pounds, and

the amount of marijuana sold to licensed medical marijuana

dispensaries in pounds. Additionally, this report shall show total

wholesale sales in dollars. The Authority shall have oversight and

auditing responsibilities to ensure that all marijuana being grown

by licensed medical marijuana commercial growers is accounted for.

D. There shall be no limits on how much marijuana a licensed

medical marijuana commercial grower can grow.

E. Beginning on November 1, 2021, licensed medical marijuana

commercial growers shall be authorized to package and sell pre-

rolled marijuana to licensed medical marijuana dispensaries. The

products described in this subsection shall contain only the ground

parts of the marijuana plant and shall not include marijuana

concentrates or derivatives. The total net weight of each pre-roll

packaged and sold by licensed medical marijuana commercial growers

shall not exceed one (1) gram. These final products must be tested,

packaged and labeled in accordance with Oklahoma law and rules

promulgated by the Authority.

F. Beginning November 1, 2022, all medical marijuana commercial

grower licensees who operate an outdoor medical marijuana production

facility shall be required to register with the Oklahoma Department

of Agriculture, Food, and Forestry as an environmentally sensitive

crop owner. Registration shall provide notice to commercial and

private pesticide applicators of the locations of medical marijuana

crops and help minimize the potential for damaging pesticide drift.

Medical marijuana commercial grower licensees shall provide their

business name, address, Global Positioning System (GPS) coordinates

for all outdoor medical marijuana production facilities, and any

other information required by the Department when registering with

the Environmentally Sensitive Area Registry.

Added by Section 3, State Question No. 788, Initiative Petition No.

412, adopted at election held June 26, 2018, eff. July 26, 2018.
Okla. Stat. tit. 63, § 63-2256 — OK Code / Title 63 / Section 63-2256
Renumbered as § 1-2412 of Title 63 by Laws 1990, c. 225,
Status: in_force

§ 11, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-2063e — OK Code / Title 63 / Section 63-2063e
Promulgation of rules
Status: in_force

The State Commissioner of Health shall promulgate rules

necessary to implement this act including, but not limited to, rules

that:

1. Adopt a set of standards for the approval of certified

community health worker initial coursework or curriculum;

2. Establish examination administration requirements for the

State Department of Health or one or more designees;

3. Define minimum qualifications for applicants to be

certified; provided, however, the applicant shall be exempt from any

educational, training, or examination requirements if the applicant

has provided evidence to the State Department of Health of work

experience as a community health worker demonstrating a minimum of

one thousand (1,000) practical hours and a recommendation from a

supervising provider;

4. Establish the criteria for granting, renewing, denying,

suspending, and revoking a certificate to uphold health standards

and safety;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1340

5. Prescribe fees for the certified community health worker

examination, initial certification, and certification renewal; and

6. Implement oversight procedures to ensure compliance with the

provisions of this act, including a complaint and disciplinary

process for violations.
Okla. Stat. tit. 63, § 63-1-106v1 — OK Code / Title 63 / Section 63-1-106v1
State Commissioner of Health - Qualifications - Powers
Status: in_force

and duties.

A. The State Commissioner of Health shall serve at the pleasure

of the Governor, and shall have skill and experience in public

health duties and sanitary sciences and shall meet at least one of

the following qualifications:

1. Possession of a Doctor of Medicine Degree and a license to

practice medicine in this state;

2. Possession of an Osteopathic Medicine Degree and a license

to practice medicine in this state;

3. Possession of a Doctoral degree in Public Health or Public

Health Administration; or

4. Possession of a Master of Science Degree and a minimum of

five (5) years of supervisory experience in the administration of

health services.

B. The Commissioner shall be exempt from all qualifications

enumerated in subsection A of this section if the Commissioner

possesses at least a master’s degree and has experience in

management of state agencies or large projects.

C. The Commissioner shall have the following powers and duties,

unless otherwise directed by the Governor:

1. Have general supervision of the health of the citizens of

the state; make investigations, inquiries and studies concerning the

causes of disease and injury, and especially of epidemics, and the

causes of mortality, and the effects of localities, employment,

conditions and circumstances on the public health; investigate

conditions as to health, sanitation and safety of schools, prisons,

public institutions, mines, public conveyances, camps, places of

group abode, and all buildings and places of public resort, and

recommend, prescribe and enforce such measures of health, sanitation

and safety for them as the Commissioner deems advisable; take such

measures as deemed necessary by the Commissioner to control or

suppress, or to prevent the occurrence or spread of, any

communicable, contagious or infectious disease, and provide for the

segregation and isolation of persons having or suspected of having

any such disease; designate places of quarantine or isolation;

advise state and local governments on matters pertaining to health,

sanitation and safety; and abate any nuisance affecting injuriously

the health of the public or any community. Any health information

or data acquired by the Commissioner from any public agency, which

Oklahoma Statutes - Title 63. Public Health and Safety Page 78

information or data is otherwise confidential by state or federal

law, shall remain confidential notwithstanding the acquisition of

this information by the Commissioner;

2. Be the executive officer and supervise the activities of the

State Department of Health, and act for the Department in all

matters except as may be otherwise provided in this Code; administer

oaths at any hearing or investigation conducted pursuant to this

Code; and enforce rules and standards adopted by the Commissioner.

All rules adopted by the Commissioner are subject to the terms and

conditions of the Administrative Procedures Act;

3. Appoint an Assistant State Commissioner of Health and fix

the qualifications, duties and compensation of the Assistant State

Commissioner of Health; and employ, appoint and contract with, and

fix the qualifications, duties and compensation of, such other

assistants, doctors, engineers, attorneys, sanitarians, nurses,

laboratory personnel, administrative, clerical and technical help,

investigators, aides and other personnel and help, either on a full-

time, part-time, fee or contractual basis, as shall be deemed by the

Commissioner necessary, expedient, convenient or appropriate to the

performance or carrying out of any of the purposes, objectives or

provisions of this Code, or to assist the Commissioner in the

performance of official duties and functions;

4. Cause investigations, inquiries and inspections to be made,

and hold hearings and issue orders pursuant to the provisions of the

Administrative Procedures Act, to enforce and make effective the

provisions of this Code, and all rules and standards adopted by the

Commissioner pursuant to law and the Commissioner or the

representative of the Commissioner shall have the right of access to

any premises for such purpose at any reasonable time, upon

presentation of identification;

5. Authorize persons in the State Department of Health to

conduct investigations, inquiries and hearings, and to perform other

acts that the Commissioner is authorized or required to conduct or

perform personally;

6. Except as otherwise provided by law, all civil and criminal

proceedings under this Code shall be initiated and prosecuted by the

district attorney where the violation takes place;

7. Issue subpoenas for the attendance of witnesses and the

production of books and records at any hearing to be conducted by

the Commissioner and issue subpoenas for the testimony of

individuals or for the production of records in connection with an

investigation conducted by the Office of Client Advocacy within the

State Department of Health; and if a person disobeys any such

subpoena, or refuses to give evidence before, or to allow books and

records to be examined by, the Commissioner after such person is

directed to do so, the Commissioner may file a contempt proceeding

in the district court of the county in which the premises involved

Oklahoma Statutes - Title 63. Public Health and Safety Page 79

are situated, or, if no premises are involved, of the county in

which such person resides or has a principal place of business, and

a judge of such court, after a trial de novo, may punish the

offending person for contempt;

8. Unless otherwise required by the terms of a federal grant,

sell, exchange or otherwise dispose of personal property that has

been acquired by the State Department of Health, or any of its

components, when such property becomes obsolete or is no longer

needed; any money derived therefrom shall be deposited in the Public

Health Special Fund;

9. Sell films, educational materials, biological products and

other items produced by the State Department of Health; and all

proceeds therefrom shall be deposited in the Public Health Special

Fund;

10. Revoke or cancel, or suspend for any period up to one (1)

year, any license or permit issued under or pursuant to this Code,

or by the Commissioner, when the Commissioner determines that ground

therefor as prescribed by this Code exists, or that the holder of

such license or permit has violated any law, or any of the

provisions of this Code, or any rules or standards of the

Commissioner filed with the Secretary of State, but the Commissioner

shall first afford the holder an opportunity to show cause why the

license or permit should not be revoked, canceled or suspended,

notice of such opportunity to be given by certified United States

Mail to the holder of the license or permit at the last-known

address of such holder;

11. Accept, use, disburse and administer grants, allotments,

gifts, devises, bequests, appropriations and other monies and

property offered or given to the State Department of Health, or any

component or agency thereof, by any agency of the federal

government, or any corporation or individual;

12. Be the official agency of the State of Oklahoma in all

matters relating to public health which require or authorize

cooperation of the State of Oklahoma with the federal government or

any agency thereof; coordinate the activities of the State

Department of Health with those of the federal government or any

department or agency thereof, and with other states, on matters

pertaining to public health, and enter into agreements for such

purpose, and may accept, use, disburse and administer, for the

office of the Commissioner or for the State Department of Health,

for any purpose designated and on the terms and conditions thereof,

grants of money, personnel and property from the federal government

or any department or agency thereof, or from any state or state

agency, or from any other source, to promote and carry on in this

state any program relating to the public health or the control of

disease, and enter into agreements for such purposes;

Oklahoma Statutes - Title 63. Public Health and Safety Page 80

13. Appoint commissioned peace officers, certified by the

Council on Law Enforcement Education and Training, to investigate

violations of the Public Health Code and to provide security to

Department facilities; and

14. Pursuant to Section 1-106.4 of this title, appoint a Chief

Medical Officer who reports directly to the Commissioner.
Okla. Stat. tit. 63, § 63-1-907 — OK Code / Title 63 / Section 63-1-907
Renumbered as § 2-6-304 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-4205 — OK Code / Title 63 / Section 63-4205
Sanctioned water events - Administering entities - Safety
Status: in_force

rules - Permits - Filing of notification of event - Holding event in

unsafe manner or unsafe environmental conditions.

A. The United States Army Corps of Engineers, the Oklahoma

Department of Tourism and Recreation, and the Grand River Dam

Authority may authorize the holding of sanctioned events on any

waters of this state under their jurisdiction. Said administering

entities shall promulgate rules pursuant to Article 1 of the

Oklahoma Administrative Procedures Act, concerning the safety of

other vessels and persons thereon, both observers and participants.

No sanctioned event shall be held without a written permit from said

administering entity, and said written permit shall be available for

inspection at all times during the event.

B. Whenever a sanctioned event is proposed to be held, the

administering entity shall, upon granting approval to hold such

event and at least ten (10) days prior thereto, file a notification

in writing of said event with the Marine Enforcement Section of the

Highway Patrol Division of the Department of Public Safety. Such

notification shall set forth the date, time, location where the

sanctioned event is proposed to be held, the type of event and the

person in charge of said event.

C. No person shall hold or give permission to hold any

sanctioned event in an unsafe manner or under unsafe environmental

conditions so as to endanger life or property. Should any duly

authorized peace officer of this state determine within their

jurisdiction that such event is being held or conducted in an unsafe

manner or under unsafe environmental conditions, such officer shall

have the authority to cancel or terminate said event.
Okla. Stat. tit. 63, § 63-937 — OK Code / Title 63 / Section 63-937
Appointment and qualifications of county medical
Status: in_force

examiners.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1284

The Chief Medical Examiner shall appoint medical

examiners for the state. Each medical examiner so

appointed shall be a Doctor of Medicine or Osteopathic

Medicine, shall hold a valid board certification to practice

forensic pathology in Oklahoma, and shall hold office at

the pleasure of the Chief Medical Examiner. The Chief

Medical Examiner shall appoint a Deputy Chief Medical

Examiner to serve in the capacity of the Chief Medical

Examiner in the event the Chief Medical Examiner is

absent, ill, or disqualified by personal interest.
Okla. Stat. tit. 63, § 63-3131.4 — OK Code / Title 63 / Section 63-3131.4
Health care presumption and exceptions - Health care
Status: in_force

agencies not required to provide certain treatment, facilities or

services.

A. Every person shall be presumed to consent to the

administration of cardiopulmonary resuscitation in the event of

cardiac or respiratory arrest, unless one or more of the following

conditions, of which the health care provider has actual knowledge,

apply:

1. The person has notified such person's attending physician

that the person does not consent to the administration of

cardiopulmonary resuscitation in the event of cardiac or respiratory

arrest and that notification has been entered in the patient's

medical records;

2. The parent or guardian of a minor child, after consultation

with the minor child's attending physician, has notified the minor

child's attending physician that the parent or guardian does not

consent to the administration of cardiopulmonary resuscitation in

the event of the minor child's cardiac or respiratory arrest, and

that the minor child, if capable of doing so and possessing

sufficient understanding and appreciation of the nature and

consequences of the treatment decision despite the minor child's

chronological age, has not objected to this decision of the parent

or guardian, and such notification has been entered in the minor

child's medical records; provided, medically indicated treatment may

not be withheld from a disabled infant with life-threatening

conditions to the extent that such medically indicated treatment is

required by federal law or regulations as a condition for the

receipt of federally funded grants to this state for child abuse and

neglect prevention and treatment programs;

3. An incapacitated person's representative has notified the

incapacitated person's attending physician that the representative,

based on the known wishes of the incapacitated person, does not

consent to the administration of cardiopulmonary resuscitation in

the event of the incapacitated person's cardiac or respiratory

arrest and that notification has been entered in the patient's

medical records;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1501

4. An attending physician of an incapacitated person without a

representative knows by clear and convincing evidence that the

incapacitated person, when competent, decided on the basis of

information sufficient to constitute informed consent that the

person would not have consented to the administration of

cardiopulmonary resuscitation in the event of cardiac or respiratory

arrest. Clear and convincing evidence for this purpose shall

include oral, written, or other acts of communication between the

patient, when competent, and family members, health care providers,

or others close to the patient with knowledge of the patient's

personal desires;

5. A do-not-resuscitate consent form in accordance with the

provisions of the Oklahoma Do-Not-Resuscitate Act has been executed

for that person; or

6. An executed advance directive for health care, or other

document recognized by the Oklahoma Rights of the Terminally Ill or

Persistently Unconscious Act, directing that life-sustaining

treatment not be performed in the event of cardiac or respiratory

arrest, is in effect for that person, pursuant to the provisions of

paragraph 1 of Section 3101.3 or Section 3101.14 of this title.

B. Health care agencies shall maintain written policies and

procedures with respect to do-not-resuscitate orders, do-not-

resuscitate consent forms, and certifications of physician. Such

written policies and procedures shall ensure the following rights to

all persons under the care of health care agencies:

1. All decisions with respect to the administration of

cardiopulmonary resuscitation shall be made by the patient unless it

is appropriate under this section for the patient’s representative,

as defined by Section 3131.3 of this title, to do so. The reason

the representative, rather than the patient, has made a decision

shall be documented in the patient’s medical record.

2. a. No decision by the patient’s representative shall be

made until the representative has been instructed in

writing by the patient’s attending physician that such

representative is deciding what the incapacitated

person would have wanted if the incapacitated person

could speak for himself or herself. In addition, the

attending physician shall encourage consultation among

all reasonably available representatives, family

members, and persons close to the incapacitated person

to the extent feasible in the circumstances of the

case.

b. Whenever possible, the attending physician shall

explain to the representative and family members the

nature and consequences of the decision to be made.

Evidence that this explanation was provided shall be

Oklahoma Statutes - Title 63. Public Health and Safety Page 1502

documented in the medical records of the incapacitated

person.

3. Health care agencies shall provide ongoing education to

patients, health care providers, and the community on issues

concerning use of the do-not-resuscitate consent form.

C. Nothing in the Oklahoma Do-Not-Resuscitate Act shall

require:

1. A health care agency to institute or maintain the ability to

provide cardiopulmonary resuscitation or to expand its existing

equipment, facilities, or personnel to provide cardiopulmonary

resuscitation; provided, if such health care agency does not provide

cardiopulmonary resuscitation, this policy shall be communicated in

writing to the person or representative prior to the person coming

under the care of the health care agency; and

2. A physician, health care provider, or health care agency to

begin or continue the administration of cardiopulmonary

resuscitation when, in reasonable medical judgment, it would not

prevent the imminent death of the patient.
Okla. Stat. tit. 63, § 63-1-227.8 — OK Code / Title 63 / Section 63-1-227.8
Child Abuse Prevention Fund
Status: in_force

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

fund for the State Board of Health to be designated the "Child Abuse

Prevention Fund". The fund shall be a continuing fund, not subject

to fiscal year limitations, and shall consist of all monies received

pursuant to the provisions of Section 1-227.6 of Title 63 of the

Oklahoma Statutes, Section 5 of this act, and such other sources as

the Legislature may provide.

B. The Child Abuse Prevention Fund shall be used by the Office

of Child Abuse Prevention for funding grants and contracts for child

abuse and neglect prevention programs and services as provided for

in Section 1-227.6 of Title 63 of the Oklahoma Statutes. The Office

shall use the Child Abuse Prevention Fund to fund only those grants

and contracts approved by the State Board of Health, pursuant to the

provisions of subsection C of Section 1-227.4 of Title 63 of the

Oklahoma Statutes, and which comply with the comprehensive state

plan and district plans prepared pursuant to the provisions of the

Child Abuse Prevention Act, and for no other purpose. The Child

Abuse Prevention Fund shall not be used for the costs of the Office

incurred in administering such grants and contracts.

C. All projects funded through the Child Abuse Prevention Fund

shall provide quarterly caseload and programmatic information to the

Office of Child Abuse Prevention.
Okla. Stat. tit. 63, § 63-1-2530.3 — OK Code / Title 63 / Section 63-1-2530.3
Rules - Classification of trauma and emergency care -
Status: in_force

Requirements for distribution of trauma patients.

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

recommendations of the Trauma and Emergency Response Advisory

Council created in Section 1-103a.1 of this title, shall promulgate

rules establishing minimum standards and objectives to implement the

development, regulation and improvement of trauma systems on a

statewide basis. Rules shall provide for the classification of

trauma and emergency care provided by all hospitals based on the

level of service provided and for triage, transport and transfer

guidelines. The Board shall consider guidelines developed by the

American College of Surgeons in promulgating rules under this

section.

B. The rules shall provide specific requirements for the

distribution of trauma patients, ensure that trauma care is fully

coordinated with all hospitals and emergency medical services in a

Oklahoma Statutes - Title 63. Public Health and Safety Page 843

regional area, and reflect the geographic areas of the state,

considering time and distance.

C. The rules shall include:

1. Pre-hospital care management guidelines for triage and

transport of trauma patients;

2. Establishment of referral patterns of trauma patients and

geographic boundaries regarding trauma patients;

3. Requirements for licensed hospitals providing trauma and

emergency operative services to provide quality care to trauma

patients referred to these facilities;

4. Minimum requirements for resources and equipment needed by a

trauma and emergency operative services facility to treat trauma

patients;

5. Minimum standards for the availability and qualifications of

health care personnel, including physicians and surgeons, treating

trauma patients within a hospital;

6. Minimum requirements for data collection including, but not

limited to, trauma incidence reporting, system operation and patient

outcome, and continuous quality improvement activities;

7. Minimum requirements for periodic performance evaluation of

the system and its components through continuous quality improvement

activities;

8. Minimum requirements for reviews of trauma patient

transfers;

9. Requirements that hospitals with the capacity and capability

to provide care not refuse to accept the transfer of a trauma

patient from another facility solely because of the person's

inability to pay for services or because of the person's age, sex,

race, religion or national origin;

10. Requirements for transferring hospitals to enter into

reciprocal agreements with receiving hospitals that specify that the

transferring hospital will accept the return transfer of trauma

patients at such time as the hospital has the capability and

capacity to provide care; provided, however, such reciprocal

agreements shall not incorporate financial provisions for transfers;

and

11. Minimum requirements for data collection for responses to

time-sensitive medical conditions including but not limited to

stroke and ST-Elevated Myocardial Infarction (STEMI). The responses

to stroke and STEMI incidents shall be subject to review by the

regional trauma advisory boards created pursuant to Section 1-2530.5

of this title.
Okla. Stat. tit. 63, § 63-2-413 — OK Code / Title 63 / Section 63-2-413
Bar to prosecution
Status: in_force

If a violation of this act is a violation of a federal law or

the law of another state, a conviction or acquittal under federal

law or the law of another state for the same act is a bar to

prosecution in this state.
Okla. Stat. tit. 63, § 63-681 — OK Code / Title 63 / Section 63-681
School buildings - Protection from tornadoes and severe
Status: in_force

weather.

School authorities of the State of Oklahoma, its political

subdivisions, and its school districts are authorized to plan,

design, and construct new school buildings and make additions to

existing school buildings that afford protection for the anticipated

school body, faculty, and visitors against tornadoes and severe

weather. Each school, administration building and institution of

higher learning shall have written plans and procedures in place for

protecting students, faculty, administrators and visitors from

natural and man-made disasters and emergencies. Plans shall be

reviewed and updated annually as appropriate by each school,

administration building and institution of higher learning, and

placed on file at each school district and each local emergency

response organization within the district, which may include police,

fire, emergency medical services, sheriff and emergency management

of the appropriate jurisdiction. The plans shall be submitted in a

format acceptable to the emergency agency no later than November 1

of each year. Each school district and institution of higher

learning shall make annual reports to the local school board or

Board of Regents detailing the status of emergency preparedness and

identified safety needs for each school or institution.
Okla. Stat. tit. 63, § 63-2-311 — OK Code / Title 63 / Section 63-2-311
Sale of certain substances
Status: in_force

A. The legal owner of any stock of controlled dangerous

substances, as listed in Schedules II through IV, upon

discontinuation of manufacture, distribution, dispensing,

prescribing, administering or use for scientific purposes of said

substances, may sell said stock to a manufacturer, wholesaler or

pharmacist. Schedule II substances must be transferred on an order

form as provided in Section 2-308 of this title.

B. A pharmacist, only upon an order form as provided in Section

2-308 of this title, may sell to a physician, dentist or

veterinarian, in quantities not exceeding thirty (30) milliliters at

any one time, aqueous or oleaginous solutions of which the content

of controlled dangerous substances does not exceed a proportion

greater than twenty percent (20%) of the complete solution, to be

used for medical purposes.
Okla. Stat. tit. 63, § 63-1-1955.6 — OK Code / Title 63 / Section 63-1-1955.6
Long-term care insurance policies - Notice regarding
Status: in_force

asset disregard and asset tests.

A. A long-term care insurance policy issued after the effective

date of this act shall contain a notice provision to the consumer

detailing in plain language the current law pertaining to asset

disregard and asset tests.

B. The notice to the consumer under subsection A of this

section shall be developed by the Insurance Commissioner.
Okla. Stat. tit. 63, § 63-2607.1 — OK Code / Title 63 / Section 63-2607.1
Gender transition procedures for minors prohibited — Violations — Penalties —
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 48Violations — Penalties — Enforcement.

A. As used in this section:

1. "Child" means any person under eighteen (18) years of age;

2. a. "Gender transition procedures" means the following

medical or surgical services performed for the purpose

of attempting to affirm the minor's perception of his

or her gender or biological sex, if that perception is

inconsistent with the minor's biological sex:

(1) surgical procedures that alter or remove physical

or anatomical characteristics or features that

are typical for the individual’s biological sex,

or

(2) puberty-blocking drugs, cross-sex hormones, or

other drugs to suppress or delay normal puberty

or to promote the development of feminizing or

masculinizing features consistent with the

opposite biological sex.

b. Gender transition procedures do not include:

(1) behavioral health care services or mental health

counseling,

(2) medications to treat depression and anxiety,

(3) medications prescribed, dispensed, or

administered specifically for the purpose of

treating precocious puberty or delayed puberty in

that patient,

(4) services provided to individuals born with

ambiguous genitalia, incomplete genitalia, or

both male and female anatomy, or biochemically

verifiable disorder of sex development (DSD),

including but not limited to:

(a) 46,XX DSD,

(b) 46,XY DSD,

(c) sex chromosomes DSDs,

(d) XX or XY sex reversal, and

(e) ovotesticular disorder,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1411

(5) the treatment of any infection, injury, disease,

or disorder that has been caused by or

exacerbated by the performance of gender

transition procedures, whether or not the gender

transition procedure was performed in accordance

with state and federal law,

(6) the treatment of any physical injury or illness

that would, as certified by a physician, place

the individual in imminent danger of death or

impairment of a major bodily function unless such

treatment is performed, or

(7) the provision of puberty-blocking drugs or cross-

sex hormones to a minor currently receiving such

drugs or hormones as of the effective date of

this act for a period of not more than six (6)

months solely for the purpose of assisting the

minor with gradually decreasing and discontinuing

use of the drugs or hormones.

3. “Health care provider” means a physician, physician

assistant, Advanced Practice Registered Nurse, or any other person

who is licensed, certified, or otherwise authorized by the laws of

this state to administer health care in the ordinary course of the

practice of his or her profession.

B. A health care provider shall not knowingly provide gender

transition procedures to any child.

C. A health care provider found in violation of subsection B of

this section shall, upon an adverse ruling by the provider’s

respective licensing board, be guilty of unprofessional conduct.

Disciplinary proceedings against the health care provider may be

commenced at any time after the commission of such offense.

D. A health care provider who violates subsection B of this

section shall, upon conviction, be guilty of a felony. Prosecution

for a criminal violation of subsection B of this section shall be

commenced not later than the date on which the child attains the age

of forty-five (45) years.

E. 1. The parent, legal guardian, or next friend of a child to

whom a health care provider has provided one or more gender

transition procedures in violation of subsection B of this section

may bring a civil action against the health care provider. The

parent, legal guardian, or next friend shall bring a claim for the

violation no later than the date on which the child attains the age

of majority.

2. A child to whom a health care provider has provided one or

more gender transition procedures may bring an action throughout his

or her minority through a parent, legal guardian, or next friend,

and may bring an action in his or her own name upon reaching

Oklahoma Statutes - Title 63. Public Health and Safety Page 1412

majority at any time until the date on which the child attains the

age of forty-five (45) years.

3. The court in such action may award compensatory damages,

punitive damages, injunctive relief, or any other appropriate

relief. Additionally, the court shall award court costs and

reasonable attorney fees to a prevailing party who establishes a

violation of this section.

4. Notwithstanding any other provision of law, an action under

this subsection may be commenced, and relief may be granted, in a

judicial proceeding without regard to whether the person commencing

the action has sought or exhausted available administrative

remedies.

F. The Attorney General may bring an action to enforce

compliance with this act. Nothing in this act shall be construed to

deny, impair, or otherwise affect any right or authority of the

Attorney General, the state, or an agency, officer, or employee of

the state to institute or intervene in any action or proceeding.
Okla. Stat. tit. 63, § 63-3240.4 — OK Code / Title 63 / Section 63-3240.4
Licensure of hospitals – Services and payment –
Status: in_force

Teaching and training hospitals.

Hospitals within the participating health care systems:

1. Shall be licensed by the State Commissioner of Health and

shall meet the standards, requirements and essentials of the Joint

Commission of Accreditation of Health Care Organizations and the

American Osteopathic Association. Provided, the State Commissioner

Oklahoma Statutes - Title 63. Public Health and Safety Page 1540

of Health may waive any such standards, requirements and essentials

as the Commissioner deems necessary;

2. May provide services and receive payments therefor under

Title XVIII and XIX of the federal Social Security Act, and may

participate in other federal medical programs;

3. Shall be available as teaching and training hospitals for

Oklahoma State University College of Osteopathic Medicine and the

University of Oklahoma College of Medicine (Tulsa), and other health

and educational facilities, and shall provide indigent patient care

consistent with their past policies and performance; and

4. Shall not be covered by The Governmental Tort Claims Act,

and their employees, agents, independent contractors and employees

of independent contractors shall not be covered by The Governmental

Tort Claims Act.
Okla. Stat. tit. 63, § 63-1-550.2 — OK Code / Title 63 / Section 63-1-550.2
Birth defects surveillance program
Status: in_force

A. It is hereby found that the occurrence of a birth defect is

a tragedy for the child, the family and the community, and a matter

of vital concern to the public health. A system to obtain more

information about these conditions could result in their prevention,

treatment and management. Therefore, it is the intent of the

Oklahoma State Legislature, in enacting this section, to:

1. Obtain information on the incidence and trends of birth

defects and poor reproductive outcomes;

2. Obtain information to determine whether environmental

hazards are associated with birth defects and poor reproductive

outcomes;

3. Obtain information as to other possible causes of birth

defects and poor reproductive outcomes; and

4. Develop prevention strategies for reducing the incidence of

birth defects and poor reproductive outcomes.

B. The Commissioner of Health may establish a system for the

collection and verification of information concerning birth defects

and other poor reproductive outcomes. In establishing the system,

the Commissioner may require general acute care hospitals to

maintain a list of patients up to six (6) years of age who have been

diagnosed with birth defects incorporated within the newest version

of the ICD diagnostic code categories or such other information as

the Commissioner deems appropriate, and all women discharged with a

diagnosis of stillbirth, miscarriage or poor reproductive outcomes.

The list shall be made available to the Commissioner upon request

and shall be used solely for purposes provided in this section.

C. The Commissioner may require general acute care hospitals,

and other sources as deemed necessary, to make available to the

State Department of Health the medical records of those patients who

have been diagnosed with birth defects or poor reproductive outcomes

as required in this section.

D. The Commissioner may require general acute care hospitals,

and other sources as deemed necessary, to make electronic medical

records of those patients who have been diagnosed with birth defects

or poor reproductive outcomes, as required in this section,

available to the State Department of Health through remote computer

access, provided the hospital and/or other source has established

remote computer access capabilities.

E. The system shall be implemented statewide.

Oklahoma Statutes - Title 63. Public Health and Safety Page 243

F. The Commissioner may use the information collected pursuant

to subsection B of this section and information available from other

reporting systems and health providers to conduct studies to:

1. Investigate the causes of birth defects and poor

reproductive outcomes;

2. Determine and evaluate measures designed to prevent their

occurrences; and

3. Where possible, ensure delivery of services for children

identified with birth defects. The Department's investigation of

poor reproductive outcomes shall include geographic, time-related or

occupational associations, as well as investigations of past

exposure to potentially harmful substances.

G. All information collected and analyzed pursuant to this

section shall be confidential insofar as the identity of the

individual patient is concerned and shall be used solely for the

purpose provided in this section. Access to such information shall

be limited to the State Department of Health; provided, that the

Commissioner may provide access to those scientists who are engaged

in demographic, epidemiological or other similar studies related to

health, and who agree, in writing as nonstate employees, to be

identified and coded while maintaining confidentiality as described

herein.

H. The Department shall maintain an accurate record of all

persons who are given access to the information in the system. The

record shall include:

1. The name of the persons authorizing access;

2. The name, title and organizational affiliation of persons

given access;

3. The dates of access;

4. The specific purpose for which the information is to be

used; and

5. The results of the independent research.

I. Nothing in this section shall prohibit the publishing of

statistical compilations relating to birth defects or poor

reproductive outcomes which do not in any way identify individual

cases or individual sources of information.

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

maintain confidentiality, willfully discloses any information

provided pursuant to this section shall be denied further access to

any confidential information maintained by the Department. That

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

conviction thereof shall be punished by a fine of Two Hundred

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

than thirty (30) days, or by both such fine and imprisonment.

K. The State Board of Health is authorized to adopt, amend and

repeal rules and regulations for the purpose of carrying out the

provisions of this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 244
Okla. Stat. tit. 63, § 63-1-1415 — OK Code / Title 63 / Section 63-1-1415
Publication of reports and information
Status: in_force

(a) The State Commissioner of Health may cause to be published,

from time to time, reports summarizing all judgments, decrees, and

court orders which have been rendered under this article, including

the nature of the charge and the disposition thereof.

(b) The Commissioner may also cause to be disseminated such

information regarding drugs, devices, and cosmetics as the

Commissioner deems necessary in the interest of public health and

the protection of the consumer against fraud. Nothing in this

section shall be construed to prohibit the Commissioner from

collecting, reporting, and illustrating the results of the

investigations of the Commissioner.
Okla. Stat. tit. 63, § 63-141.3 — OK Code / Title 63 / Section 63-141.3
Renumbered as § 124.2 of this title by Laws 1995, c
Status: in_force

344, § 33, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-1-2214 — OK Code / Title 63 / Section 63-1-2214
Liability of long-term care ombudsman - Legal
Status: in_force

representation.

A. For purposes of The Governmental Tort Claims Act, any state,

area, or local long-term care ombudsman shall be deemed to be an

employee of this state and as such shall not be personally liable

for any act or omission made within the “scope of employment”, as

such term is defined by The Governmental Tort Claims Act.

B. 1. The Office of the Attorney General shall assure that

adequate legal counsel is available to the Office of the State Long-

Term Care Ombudsman for the advice and consultation needed to

protect the health, safety, welfare, and rights of residents, and

that legal representation is provided to any representative of the

Office:

a. against whom suit or other legal action is brought in

connection with any act or omission of a

representative made within the scope of employment, or

b. to assist the ombudsman and representatives of the

Office in the performance of their official duties.

2. The provisions of this section shall not be construed to

require or authorize any legal counsel provided by the Office of the

Attorney General to represent any resident of a nursing facility in

an individual capacity.
Okla. Stat. tit. 63, § 63-1-1112 — OK Code / Title 63 / Section 63-1-1112
Adding substances to food
Status: in_force

Any poisonous or deleterious substance added to any food, except

where such substance is required in the production thereof or cannot

be avoided by good manufacturing practice, shall be deemed to be

unsafe for purposes of the application of clause (2) of Section

1109(a) of this article, but when such substance is so required or

cannot be so avoided, the State Board of Health shall promulgate

reasonable rules and regulations limiting the quantity therein or

thereon to such extent as the Board finds necessary for the

protection of public health, and any quantity exceeding the limits

so fixed shall also be deemed to be unsafe for purposes of the

application of clause (2) of Section 1109(a) of this article. While

such reasonable rules and regulations are in effect limiting the

quantity of any such substance in the case of any food, such food

shall not, by reason of bearing or containing any added amount of

such substance, be considered to be adulterated within the meaning

of clause (1) of Section 1109(a) of this article. In determining

the quantity of such added substance to be tolerated in or on

different articles of food, the Board shall take into account the

extent to which the use of such substance is required or cannot be

avoided in the production of each such article and the other ways in

which the consumer may be affected by the same or other poisonous or

deleterious substances.
Okla. Stat. tit. 63, § 63-1-879.2c — OK Code / Title 63 / Section 63-1-879.2c
Required disclosure – Promulgation of rules -
Status: in_force

Alzheimer-Dementia Disclosure Act Advisory Council.

A. 1. Pursuant to rules promulgated under the provisions of

the Alzheimer’s Dementia and Other Forms of Dementia Special Care

Oklahoma Statutes - Title 63. Public Health and Safety Page 539

Disclosure Act, any nursing facility, residential care facility,

assisted living facility, adult day care center, continuum of care

facility, or special care facility that publicly advertises,

intentionally markets, or otherwise engages in promotional campaigns

for the purpose of communicating that such facility offers care,

memory care, or treatment methods within the facility that

distinguish it as being especially applicable to or suitable to

persons with Alzheimer’s dementia or other forms of dementia

diagnoses shall disclose the type of care, memory care, or treatment

provided that distinguishes it as being especially applicable to or

suitable for such persons.

2. The disclosure shall be made using a form developed by the

State Department of Health and shall be made to:

a. the Department,

b. any representative of a person with Alzheimer’s

dementia or other form of dementia who is considering

placement within a special care unit, program, or

facility, and

c. the State Long-Term Care Ombudsman.

3. A referral agency, when disclosing documents pursuant to

Section 1-866.2 of this title, shall provide any representative of a

person who has notified the referral agency of a diagnosis of

Alzheimer’s dementia or other form of dementia and who is

considering placement within a unit, program, memory care, or

facility, electronic or physical access to the form for each

facility. The Department of Health shall maintain a public

searchable database of forms. If no such form is available from the

Department of Health, this section shall not apply. Neither a

facility nor a referral agency shall be liable for the actions or

inactions of the other pursuant to this section.

4. The facility shall submit the disclosure form to the

Department prior to entering into any agreement to provide care or

services.

5. The Department shall examine each disclosure for

completeness and accuracy at the time the disclosure is submitted to

the Department.

6. The Department shall review the most recent disclosure in

the Department’s records during the facility’s regular inspection to

verify that the disclosure is current and that the services

described in the disclosure are provided to residents as described

in the disclosure.

B. The information disclosed as required by this section shall

include the following areas:

1. A written description of the special care unit, program, or

facility’s overall philosophy and mission as it relates to the needs

of residents with Alzheimer’s dementia or other forms of dementia;

Oklahoma Statutes - Title 63. Public Health and Safety Page 540

2. The process and criteria for placement in, or transfer or

discharge from, the unit, program, or facility;

3. The process used for assessment, establishment, and

implementation of a resident plan of care, as it relates to

Alzheimer’s dementia and other forms of dementia, including the

method by which the plan evolves, the frequency of assessment, and

how the facility will respond to changes in the condition of the

resident;

4. Staff-to-resident ratios, staff training and continuing

education that are in addition to all regularly prescribed training

and are commensurate with the need for increased care and

supervision for residents with Alzheimer’s dementia or other forms

of dementia;

5. The physical environment and design features appropriate to

support the functioning of cognitively impaired residents;

6. The types and frequency of resident activities designed for

residents with Alzheimer’s dementia or other forms of dementia and

descriptions of those therapeutic activities designed to address

cognitive function and engage residents with varying stages of

dementia;

7. The involvement of families in care planning and other

aspects of care, and the availability of family support programs;

8. The fees for care and any additional fees; and

9. Any accreditations or certifications issued to the facility

related to the care and services provided to residents with

Alzheimer’s dementia or other forms of dementia.

C. The Department, with input from the Alzheimer-Dementia

Disclosure Act Advisory Council, shall develop a standardized

disclosure form. Any change in the information initially submitted

by the facility or other entity shall be reported to the Department

at the time the change is made.

D. The provisions of this section shall not be construed to

preclude a facility without a special care unit or program from

admitting a person with Alzheimer’s dementia or other forms of

dementia.

E. The State Commissioner of Health, with input from the

Alzheimer-Dementia Disclosure Act Advisory Council, shall promulgate

rules to effectuate the provisions of the Alzheimer’s Dementia and

Other Forms of Dementia Special Care Disclosure Act.

F. There is hereby created the Alzheimer-Dementia Disclosure

Act Advisory Council. The Council shall make recommendations to the

State Commissioner of Health regarding the disclosure form and rules

promulgated pursuant to the Alzheimer’s Dementia and Other Forms of

Dementia Special Care Disclosure Act.

1. The Council shall consist of nine (9) members to be

appointed by the State Commissioner of Health for such terms as he

or she chooses. The members shall be individuals who have knowledge

Oklahoma Statutes - Title 63. Public Health and Safety Page 541

and expertise in the field of memory care or individuals who are

consumer representatives directly impacted by memory-care services,

provided that neither the members with knowledge and expertise in

the field nor the members who are consumer representatives shall

comprise more than two-thirds (2/3) of the total membership. The

members who are consumer representatives shall be individuals with

immediate family members who have received or are currently

receiving memory-care services in Oklahoma and shall not be

employees or board members of any facilities or entities subject to

the Alzheimer’s Dementia and Other Forms of Dementia Special Care

Disclosure Act.

2. The members of the Council shall serve without compensation.

3. The Council shall conduct an organizational meeting at a

date and location to be chosen by the Commissioner and as frequently

thereafter as necessary to perform the duties imposed upon it. A

majority of the members present shall constitute a quorum.

4. Staff assistance for the Council shall be provided by the

staff of the State Department of Health.

G. If a facility described in paragraph 1 of subsection A of

this section, or any individual employed or contracted by such

facility, violates any of the provisions of the Alzheimer’s Dementia

and Other Forms of Dementia Special Care Disclosure Act or the rules

promulgated pursuant thereto, the facility shall be subject to the

notice and enforcement provisions established for the facility’s

license by the Department.

H. Any facility that offers specialized memory or dementia care

through a specific unit or program shall post:

1. The disclosure form, including the information required to

be included by this section, on the facility’s website; and

2. A poster, in a conspicuous location in the special care

unit, program, or facility where care is provided for persons with

Alzheimer’s dementia or other forms of dementia, stating that if

such persons or their representatives were not given a copy of the

disclosure form, they may file a complaint with the Consumer

Protection Unit of the Office of the Attorney General.

I. The Department shall establish a website with a list of

those facilities that have filed a disclosure form pursuant to the

Alzheimer’s Dementia and Other Forms of Dementia Special Care

Disclosure Act. The website shall contain a link to the submitted

disclosure form and a table containing items from the disclosure

form, including staffing ratios, staff training, special programming

and activities, and accreditations or certifications.
Okla. Stat. tit. 63, § 63-1-507 — OK Code / Title 63 / Section 63-1-507
Schools - Attendance of diseased pupils
Status: in_force

No person having a communicable disease shall be permitted to

attend a private or public school, and it shall be the duty of the

parent or guardian and the school of such person to exclude from the

school such person until the expiration of the period of isolation

or quarantine ordered for the case, or until permission to do so

shall have been given by the local county health department or the

State Department of Health.
Okla. Stat. tit. 63, § 63-4101 — OK Code / Title 63 / Section 63-4101
Short title - Definitions
Status: in_force

A. This section and Sections 4102 through 4108 of this title

shall be known and may be cited as the "Oklahoma Vessel and Motor

Excise Tax Act".

B. The terms used in the Oklahoma Vessel and Motor Excise Tax

Act shall have the same definitions as those terms are defined by

Oklahoma Statutes - Title 63. Public Health and Safety Page 1651

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

of this title.
Okla. Stat. tit. 63, § 63-1-204 — OK Code / Title 63 / Section 63-1-204
County superintendent of health - Powers and Duties
Status: in_force

The county superintendent of health, under the supervision of

the State Commissioner of Health, shall have the following powers

and duties: Abolish nuisance that are inimical to public health;

isolate persons infected with dangerous, communicable infectious or

contagious diseases, and take appropriate action to control or

suppress, or to prevent the occurrence or spread of such diseases;

enforce emergency health regulations the County Board of Health;

enforce the provisions of this Code, and rules and regulations of

the state board of health, that are applicable to his county; and

perform such other duties and functions as may be required of him by

the Commissioner.

Oklahoma Statutes - Title 63. Public Health and Safety Page 101
Okla. Stat. tit. 63, § 63-3001 — OK Code / Title 63 / Section 63-3001
Sale of pull-top or flip-top can prohibited -
Status: in_force

Definitions.

A. No person shall sell or offer for sale in this state any

pull-top or flip-top container.

B. For purposes of this section:

1. "Pull-top" or "flip-top container" means a beverage

container so designed and constructed that a part of the container

is detachable in opening the container. The term pull-top or flip-

Oklahoma Statutes - Title 63. Public Health and Safety Page 1451

top container shall not mean a container on which the only

detachable part of which is a pressure-sensitive tape;

2. "Beverage container" means the individual, separate, sealed

metal can containing a beverage; and

3. "Beverage" means beer or other malt beverages, mineral

waters, fruit juices, ades and similar noncarbonated drinks, soda

water and similarly flavored carbonated soft drinks in liquid form

and intended for human consumption.
Okla. Stat. tit. 63, § 63-1-2530.1 — OK Code / Title 63 / Section 63-1-2530.1
Legislative findings and intent
Status: in_force

A. The Legislature hereby finds and declares that:

1. Traumatic injury is the leading cause of death for persons

under forty (40) years of age, and the third leading cause of death

overall for persons of all ages. Traumatic injury is the leading

cause of lost years of potential life for Oklahomans sixty-five (65)

years of age and younger;

2. In addition to the physical and emotional losses that result

from traumatic injury, the economic costs of such injuries, which

include lost wages, medical expenses and indirect costs, far exceed

losses for other diseases such as cancer, heart disease, stroke and

diabetes;

3. Trauma systems dramatically reduce morbidity and mortality

from major injuries; and

4. Development and improvement of trauma systems is beneficial

to all citizens.

B. In order to improve the health and well-being of the people

of this state, it is necessary to improve and further develop trauma

systems by encouraging hospitals and emergency medical service

providers to provide an organized system of trauma care.