Okla. Stat. tit. 63, § 63-1-860.6 — OK Code / Title 63 / Section 63-1-860.6
First-year or permanent license - Application - Plan
Status: in_force

for delivery of services - Term and renewal of license - Conditional

license.

A. No public or private agency or person shall establish,

conduct or maintain a hospice program or hold itself out to the

public as a hospice program without first obtaining a first-year or

permanent license from the State Department of Health.

B. An application for a hospice program first-year or permanent

license shall be filed on a form prescribed by the Department and

shall be accompanied by:

1. The first-year or permanent license fee required by Section

1-860.15 of this title;

2. Documentation of complete disclosure for the applicant which

shall include, but not be limited to, the name, mailing address and

finding address of every stockholder with at least five percent (5%)

ownership interest in the hospice program;

3. Satisfactory proof that the hospice program is in compliance

with the provisions of the Oklahoma Hospice Licensing Act and any

rules and minimum standards promulgated by the State Board of Health

pursuant to the Oklahoma Hospice Licensing Act; and

4. Proof of sufficient financial ability to operate and conduct

the hospice program in accordance with the requirements of the

Oklahoma Hospice Licensing Act.

C. The initial application shall be accompanied by a plan for

the delivery of home and inpatient hospice services to patients and

their families. Such plan shall contain, but not be limited to:

1. The estimated average number of patients to be served

monthly;

2. The geographic area in which hospice services will be

available;

3. A listing of services which are or will be provided, either

directly by the applicant or through contractual arrangements with

existing health care providers;

4. Provisions for the implementation of hospice home care

within three (3) months of licensure;

5. The name and qualifications of any existing or potential

health care provider with whom the hospice program may enter into a

contract;

6. The projected annual operating cost of the hospice program;

and

7. The location and proposed construction drawings for any

hospice inpatient facility operated by the hospice program. A

Oklahoma Statutes - Title 63. Public Health and Safety Page 515

licensed hospice program shall not operate more than one hospice

inpatient facility.

D. Unless suspended or revoked, a first-year license issued for

the operation of a hospice program shall expire automatically one

(1) year from the date of issuance; provided, this provision shall

not apply if the Department has not completed a follow-up survey of

the hospice program. The Department may renew a first-year license

for up to one (1) additional year beyond the expiration date if the

applicant has complied with the provisions of the Oklahoma Hospice

Licensing Act and the rules promulgated by the Board for the

operation of a hospice program under a first-year license.

E. Unless suspended or revoked, a permanent license issued for

the operation of a hospice program shall expire automatically one

(1) year from the date of issuance. At least sixty (60) days prior

to the expiration date, an application for license renewal shall be

submitted to the Department on forms furnished by the Department.

The license shall be renewed if the applicant has complied with the

provisions of the Oklahoma Hospice Licensing Act and all rules

promulgated by the Board pursuant to the provisions of the Oklahoma

Hospice Licensing Act. The application for license renewal shall be

accompanied by an update of the plan for delivery of hospice

services only if information contained in the plan submitted

pursuant to subsection C of this section is no longer applicable.

F. A hospice program for which a revocation or suspension

proceeding is pending at the time of license renewal may be issued a

conditional license effective until final disposition by the

Department of such proceeding. If judicial relief is sought from

the final disposition, the court having jurisdiction may issue a

conditional permit for the duration of the judicial proceeding.

G. The license shall:

1. Be displayed in a conspicuous place inside the hospice

program office;

2. Be valid only in the possession of the person or public

agency to which it is issued;

3. Not be subject to sale, assignment, or other transfer,

voluntary or involuntary;

4. Not be valid for any hospice program other than the hospice

program for which the license was originally issued; and

5. Restrict the number of patients in a hospice inpatient

facility to the Department-approved occupancy level for each

facility.

H. Any person who, prior to January 1, 1991, provided hospice

services to any patient shall be entitled to operate as a hospice

program pursuant to the provisions of the Oklahoma Hospice Licensing

Act without making application and obtaining a license pursuant to

the provisions of the Oklahoma Hospice Licensing Act for one (1)

year after September 1, 1991, provided such person otherwise

Oklahoma Statutes - Title 63. Public Health and Safety Page 516

complies with the provisions of the Oklahoma Hospice Licensing Act

and all rules promulgated by the Board pursuant to the act.

Thereafter any person providing hospice services shall make

application, obtain a license, and comply with the provisions of the

Oklahoma Hospice Licensing Act and all rules promulgated by the

Board pursuant to the act.
Okla. Stat. tit. 63, § 63-424 — OK Code / Title 63 / Section 63-424
Marijuana transportation license
Status: in_force

A. A marijuana transportation license will be issued to

qualifying applicants for a marijuana retail, growing, or processing

Oklahoma Statutes - Title 63. Public Health and Safety Page 1108

license. The transportation license will be issued at the time of

approval of a retail, growing, or processing license.

B. A transportation license will allow the holder to transport

marijuana from an Oklahoma licensed medical marijuana retailer,

licensed growing facility, or licensed processor facility to an

Oklahoma licensed medical marijuana retailer, licensed growing

facility, or licensed processing facility.

C. All marijuana or marijuana products shall be transported in

a locked container and clearly labeled "Medical Marijuana or

Derivative".

Added by Section 5, State Question No. 788, Initiative Petition No.

412, adopted at election held June 26, 2018, eff. July 26, 2018.
Okla. Stat. tit. 63, § 63-1-1816 — OK Code / Title 63 / Section 63-1-1816
Renumbered as § 2-5-115 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-539.11 — OK Code / Title 63 / Section 63-1-539.11
Short title — First Responders Job Protection Act
Status: in_force

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

Responders Job Protection Act".
Okla. Stat. tit. 63, § 63-124.3 — OK Code / Title 63 / Section 63-124.3
Permits - Information required
Status: in_force

A. No person shall manufacture, sell, transport for hire, or

store for resale explosives or blasting agents without first

obtaining a permit to engage in such activity from the State Fire

Marshal; provided, however, the State Fire Marshal shall waive the

state permit requirement where a valid federal license or permit has

been issued.

B. Explosives or blasting agents shall not be sold, given,

delivered or transferred to any person who does not furnish the

information required in subsection C of this section.

C. It shall be unlawful for any person to purchase, receive or

obtain explosives or blasting agents without first furnishing to the

seller or distributor the following information: a statement of

intended use, name, date, quantity, social security number or

taxpayer identification number, and place of residence of any

natural person to whom explosives or blasting agents are

distributed. If explosives or blasting agents are sold or

distributed to a corporation or other entity, such information shall

include the identity and principal and local places of business,

statement of intended use, quantity, date, name, social security

number, and place of residence of the natural person acting as agent

of the corporation or other entity in arranging the purchase or

distribution.

D. An application for a permit under this division shall be

accompanied by the payment of a fee in the amount of Ten Dollars

($10.00).

E. All state, county and city agencies that use explosives and

blasting agents shall furnish the information required in subsection

C of this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1075

F. Permits shall be valid for the calendar year in which

issued, unless sooner revoked or suspended, and may be renewed

annually on January 1 upon the payment of the required fee.

G. It shall be unlawful for any person to possess or use

explosives or blasting agents unless such person can furnish proof

of compliance with the provisions of this division.
Okla. Stat. tit. 63, § 63-5030.3 — OK Code / Title 63 / Section 63-5030.3
Powers and duties of board
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1734

A. The Medicaid Drug Utilization Review Board shall have the

power and duty to:

1. Advise and make recommendations regarding rules promulgated

by the Oklahoma Health Care Authority Board to implement the

provisions of this act;

2. Oversee the development, implementation and assessment of a

Medicaid retrospective and prospective drug utilization review

program, including making recommendations regarding contractual

agreements of the Oklahoma Health Care Authority with any entity

involved in processing and reviewing Medicaid drug profiles for the

drug utilization review program in accordance with the provisions of

this act;

3. Develop and apply the criteria and standards to be used in

retrospective and prospective drug utilization review. The criteria

and standards shall be based on the compendia and federal Food and

Drug Act approved labeling, and shall be developed with professional

input;

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

As necessary, the Medicaid Drug Utilization Review Board may include

a public hearing as part of a meeting agenda to solicit public

comment regarding proposed changes in the prior authorization

program and the retrospective and prospective drug utilization

review processes. Notice of proposed changes to the prior

authorization status of a drug or drugs shall be included in the

monthly meeting agenda at least thirty (30) days prior to the

consideration or recommendation of any proposed changes in prior

authorization by the Medicaid Drug Utilization Review Board;

5. Establish provisions to timely reassess and, as necessary,

revise the retrospective and prospective drug utilization review

process;

6. Make recommendations regarding the prior authorization of

prescription drugs pursuant to the provisions of Section 5 of this

act; and

7. Provide members of the provider community with educational

opportunities related to the clinical appropriateness of

prescription drugs.

B. Any party aggrieved by a decision of the Oklahoma Health

Care Authority Board or the Administrator of the Oklahoma Health

Care Authority, pursuant to a recommendation of the Medicaid Drug

Utilization Review Board, shall be entitled to an administrative

hearing before the Oklahoma Health Care Authority Board pursuant to

the provisions of the Administrative Procedures Act.
Okla. Stat. tit. 63, § 63-689.1B — OK Code / Title 63 / Section 63-689.1B
Renumbered as § 4-2-104 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-7100.3 — OK Code / Title 63 / Section 63-7100.3
Definitions
Status: in_force

As used in the Oklahoma Health Information Exchange Act:

1. “Board” means the State Board of Health;

2. “Health information” means information, regardless of source

or form, that:

a. includes demographic information collected from an

individual,

b. relates to the past, present or future physical or

mental health or condition of an individual; the

provision of health care to an individual; or the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1780

past, present or future payment for the provision of

health care to an individual, or

c. identifies the individual or from which there is a

reasonable basis to believe the information can be

used to identify the individual; and

3. “Health care entity” means:

a. a health plan that, either as an individual or group,

provides for, or pays the cost of, medical care,

b. a health care provider that offers or renders medical

or health services, or

c. any further individual or association defined as a

covered entity under 45 C.F.R., Section 160.103.
Okla. Stat. tit. 63, § 63-1-1501 — OK Code / Title 63 / Section 63-1-1501
Occupational diseases - Reports - Detection and
Status: in_force

prevention - Agreements.

(a) The State Board of Health shall design and provide suitable

forms for reporting occupational diseases and illnesses, provide

appropriate instructions for their use, and furnish them without

charge to all licensed physicians. Such reports shall not be

admissible in evidence in any court or in any proceedings before the

State Industrial Court.

(b) The State Board of Health shall designate by list, or

generally define, those diseases or illnesses which should be

reported and request all physicians of this state to cooperate in

the reporting of such diseases.

(c) The State Commissioner of Health shall utilize all available

facilities, laboratory, equipment and personnel in a joint program

with the State Commissioner of Labor, and industrial and employee

Oklahoma Statutes - Title 63. Public Health and Safety Page 630

organizations, to detect and prevent conditions leading to

industrial diseases and occupational health hazards.

(d) The State Commissioner of Health may enter into agreements

with other agencies of this state for the purpose of carrying out

the provisions of this section, and securing uniformity of

regulations pertaining to occupational diseases.
Okla. Stat. tit. 63, § 63-1-2556 — OK Code / Title 63 / Section 63-1-2556
Article VII — Veterans, service members separating from
Status: in_force

active duty military, and their spouses.

ARTICLE VII

Veterans, Service Members Separating From Active Duty Military, and

Their Spouses

A. Member states shall consider a veteran, active military

service member, and member of the National Guard and Reserves

separating from an active duty tour, and a spouse thereof, who holds

a current valid and unrestricted NREMT certification at or above the

level of the state license being sought as satisfying the minimum

training and examination requirements for such licensure.

B. Member states shall expedite the processing of licensure

applications submitted by veterans, active military service members,

and members of the National Guard and Reserves separating from an

active duty tour, and their spouses.

C. All individuals functioning with a privilege to practice

under this section remain subject to the adverse actions provisions

of Article VIII of this Compact.
Okla. Stat. tit. 63, § 63-1-545 — OK Code / Title 63 / Section 63-1-545
Publication of results - Release of information
Status: in_force

The State Commissioner of Health shall compile and publish

annually the results of the infant screening procedures using the

information reported to the Department. The Commissioner may

authorize the release of information concerning children who are

found to have hearing impairments to the appropriate agencies and

departments so that such children may receive the necessary care and

education.
Okla. Stat. tit. 63, § 63-1-1111 — OK Code / Title 63 / Section 63-1-1111
Permits authorized
Status: in_force

(a) Whenever the State Board of Health finds after investigation

that the distribution in the State of Oklahoma of any class of food

may, by reason of contamination with microorganisms during

manufacture, processing, or packing thereof in any locality, be

injurious to health, and that such injurious nature cannot be

adequately determined after such articles have entered commerce, it

then, and in such case only, shall promulgate reasonable rules and

regulations providing for the issuance, to manufacturers,

processors, or packers of such class of food in such locality, of

permits to which shall be attached such conditions governing the

manufacture, processing, or packing of such class of food, for such

temporary period of time, as may be necessary to protect the public

health; and after the effective date of such reasonable rules and

regulations, and during such temporary period, no person shall

introduce or deliver for introduction into commerce any such food

manufactured, processed, or packed by any such manufacturer,

processor, or packer unless such manufacturer, processor, or packer

holds a permit issued by the State Commissioner of Health as

provided by such reasonable rules and regulations.

Oklahoma Statutes - Title 63. Public Health and Safety Page 578

(b) The State Commissioner of Health is authorized to suspend

immediately upon notice any permit issued under authority of this

section if it is found that any of the conditions of the permit have

been violated. The holder of a permit so suspended shall be

privileged at any time to apply for the reinstatement of such

permit, and the Commissioner shall, immediately after prompt hearing

and an inspection of the establishment, reinstate such permit if it

is found that adequate measures have been taken to comply with and

maintain the conditions of the permit, as originally issued, or as

amended.

(c) Any officer or employee duly designated by the State

Commissioner of Health shall have access to any factory or

establishment, the operator of which holds a permit from the

Commissioner, for the purpose of ascertaining whether or not the

conditions of the permit are being complied with, and denial of

access for such inspection shall be ground for suspension of the

permit until such access is freely given by the operator.
Okla. Stat. tit. 63, § 63-1-746.1 — OK Code / Title 63 / Section 63-1-746.1
Definitions
Status: in_force

As used in this act, the term:

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

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

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

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

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

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

result of a spontaneous abortion, accidental trauma or a criminal

assault on the pregnant female or her unborn child;

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

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

circumstances as the actor believes them to be, constitutes a

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

performance of an abortion in Oklahoma in violation of this act;

3. "Fetal anomaly incompatible with life" means a profound and

irremediable congenital or chromosomal anomaly that is incompatible

with sustaining life after birth. Fetal anomaly incompatible with

life does not include conditions which can be treated;

4. "Medical emergency" means any condition which, on the basis

of the physician's good-faith clinical judgment, so complicates the

medical condition of a pregnant female as to necessitate the

immediate abortion of her pregnancy to avert her death or for which

a delay will create serious risk of substantial and irreversible

impairment of a major bodily function;

5. "Perinatal hospice" means comprehensive support that

includes support from the time of diagnosis through the time of

birth and death of the infant and through the postpartum period.

Supportive care may include maternal-fetal medical specialists,

obstetricians, neonatologists, anesthesia specialists,

psychiatrists, psychologists, or other mental health professionals,

clergy, social workers, and specialty nurses; and

6. "Physician" means a person licensed to practice medicine in

this state pursuant to Sections 495 and 633 of Title 59 of the

Oklahoma Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety Page 420
Okla. Stat. tit. 63, § 63-1-1131 — OK Code / Title 63 / Section 63-1-1131
Inspection, wrapping, identification of stored food
Status: in_force

No food shall be placed in a locker for storage unless it has

been sharp frozen at the plant, or else transferred from home

freezer in solid frozen condition. No foods shall be placed in a

locker unless such foods have been inspected by the operator. No

unwrapped meat or unwrapped or unpacked fruits or vegetables shall

be placed in any locker. Only material suitable for the wrapping of

meats that are to be frozen and stored shall be used. Each wrapped

portion shall be marked or stamped with the correct locker number

and date of wrapping.
Okla. Stat. tit. 63, § 63-1-2721 — OK Code / Title 63 / Section 63-1-2721
Physician and physician assistant requirements
Status: in_force

A. 1. The Health Care Workforce Training Commission shall

administer the Oklahoma Medical Loan Repayment Program.

2. For the purposes of this section, "primary care physicians"

shall mean physicians practicing in family medicine, geriatrics,

general internal medicine, general pediatrics,

obstetrics/gynecology, emergency medicine, or general surgery.

3. For the purposes of this section, "health center" shall mean

a Federally Qualified Health Center as defined by 42 U.S.C., Section

1905(1)(2)(B).

Oklahoma Statutes - Title 63. Public Health and Safety Page 871

4. For the purposes of this section, "teaching health center"

shall mean a health center that supports the residencies of primary

care physicians within the operations of the health center.

5. The program, depending upon and limited to available

funding, shall provide educational loan repayment assistance to

Oklahoma-licensed primary care physicians, physician assistants, and

certified nurse practitioners who agree to establish a practice in a

community located in Oklahoma approved by the Commission.

6. Each award of educational loan repayment assistance shall be

for a contracted period and shall be distributed to the participant

by drafts made payable to the participant at the end of each

contract year with disbursements not to exceed an amount to be

established annually by the Commission. Prior to any disbursement,

the Commission shall certify and properly review reports submitted

by the participating physician, physician assistant, or certified

nurse practitioner detailing performance of activities in accordance

with the program.

7. The Commission shall review the performance in the program

of the participating physician, physician assistant, or certified

nurse practitioner and determine whether an award may be granted for

additional years pursuant to rules promulgated by the Commission.

B. The physicians, physician assistants, and certified nurse

practitioners entering the program each year shall agree to provide

medical care and services in areas designated by the Commission to

provide medical care and services to Medicaid recipients as

authorized by the Oklahoma Health Care Authority.

C. A physician, physician assistant, or certified nurse

practitioner shall be eligible to participate in the loan repayment

program if the individual:

1. Is a physician, physician assistant, or certified nurse

practitioner who holds a current Oklahoma medical license;

2. Is a new primary care graduate physician, physician

assistant, or certified nurse practitioner. Preference will be

given to graduates of the primary care residency programs affiliated

with the Oklahoma State University College of Osteopathic Medicine,

the University of Oklahoma College of Medicine, and the teaching

hospitals affiliated with both schools of medicine and teaching

health centers located in this state; or

3. Is a current practicing physician, physician assistant, or

certified nurse practitioner and has met criteria established by the

Commission.

D. The Commission may accept donations of public or private

funds to assist in funding the Oklahoma Medical Loan Repayment

Program. The Commission may, at its discretion, contract with other

public entities and nonprofit corporations for the endowment,

management and administration of such funds.

Oklahoma Statutes - Title 63. Public Health and Safety Page 872

E. The Commission shall present a report on the operation of

the program to the Governor, the Speaker of the Oklahoma House of

Representatives, and the President Pro Tempore of the Oklahoma State

Senate within one (1) month of the beginning of each regular session

of the Legislature, including but not limited to the progress made

in accomplishing the goal of the program.
Okla. Stat. tit. 63, § 63-4217.2 — OK Code / Title 63 / Section 63-4217.2
Abandoned vessels – Contest of removal or storage –
Status: in_force

Hearing.

A. After the removal or storage of any abandoned or wrecked

vessel at the request of a public agency, the registered or legal

owner of the vessel, or their agent, may contest the validity of the

removal or storage, by filing a written request for a hearing with

the public agency. The written request may be filed before or after

the vessel is retrieved from the storage operator. The public

agency shall not be required to conduct a hearing if the request is

received more than ten (10) days following actual or constructive

notice to the owner or driver of the vessel that the vessel has been

so removed or stored. A hearing shall be scheduled within seventy-

two (72) hours of the request, excluding weekends and holidays. The

public agency may authorize its own officer or employee to conduct

the hearing, so long as the hearing officer is not the same person

who directed the removal or storage of the vessel. The public

agency may, with the consent of the person requesting the hearing,

schedule the hearing by telephone and conduct the hearing on the

merits by telephone conference call.

The hearing officer shall apply the law to the evidence and make

a determination whether the vessel removal and storage was

justified. If deemed unjustified, the public agency shall bear the

cost of hookup and tow mileage, and the operator shall waive all

storage costs in such cases as a condition of eligibility to respond

to a service call request from a public agency. The vessel owner or

agent shall not be charged any type of fee or costs relating to

impoundment or storage in such case. If the tow and storage is

deemed justified, the owner or agent shall bear the cost of

reasonable tow and storage.

B. Failure of either the registered or legal owner, or their

agent, to timely request or to timely appear for a scheduled hearing

shall satisfy the hearing requirement of this section.

C. The hearing conducted by the public agency pursuant to this

section shall not be governed by the Administrative Procedures Act.

The owner of a stored vessel may, either in lieu of such hearing or

after such hearing, file a petition in the district court of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1689

county wherein the vessel is stored. The district court is vested

with original jurisdiction to conduct a de novo hearing and

determine the validity of removal and storage.

D. The provisions of this section shall not apply to the

removal of vessels pursuant to Section 954A of Title 47 of the

Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-851.1 — OK Code / Title 63 / Section 63-1-851.1
Definitions
Status: in_force

For purposes of the Long-term Care Certificate of Need Act:

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

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

3. "Department" means the State Department of Health;

4. "Long-term care facility" means:

a. a nursing facility or a specialized facility, as such

terms are defined by Section 1-1902 of this title,

b. skilled nursing care provided in a distinct part of a

hospital as such term is defined by Section 1-701 of

this title,

c. the nursing care component of a continuum of care

facility, as such term is defined under the Continuum

of Care and Assisted Living Act, or

Oklahoma Statutes - Title 63. Public Health and Safety Page 492

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

such term is defined by the Long-term Care Insurance

Act;

5. "Disclosure statement" means a written statement by the

applicant which contains:

a. the full name, business address, and Social Security

number of the applicant, and all persons with

controlling interest as defined by the Long-term Care

Certificate of Need Act,

b. the full name and address of any legal entity in which

the applicant holds a debt or equity interest of at

least five percent (5%), or which is a parent company

or subsidiary of the applicant,

c. a description of the experience and credentials of the

applicant, including any past or present permits,

licenses, certifications, or operational

authorizations relating to long-term care facility

regulation,

d. a listing and explanation of any administrative, civil

or criminal legal actions against the applicant or any

person with a controlling interest which resulted in a

final agency order or final judgment by a court of

record including, but not limited to, final orders or

judgments on appeal related to long-term care in the

five (5) years immediately preceding the filing of the

application. Such actions shall include, without

limitation, any permit denial or any sanction imposed

by a state regulatory authority or the Centers for

Medicare and Medicaid Services, and

e. a listing of any federal long-term care agency and any

state long-term care agency outside this state that

has or has had regulatory responsibility over the

applicant;

6. "History of noncompliance" means three standard or complaint

surveys found to be at the substandard quality of care level when

the facility does not achieve compliance by date certain in a

nursing facility or specialized facility for persons with

Alzheimer's disease or related disorders. Additionally, "history of

noncompliance" for an intermediate care or specialized facility for

persons with intellectual disabilities means three consecutive

routine or complaint surveys that resulted in determinations that

the facility was out of compliance with two or more Conditions of

Participation in the Medicaid program within the preceding thirty-

six (36) months when the facility does not achieve compliance within

sixty (60) days;

7. "Person" means any individual, corporation, industry, firm,

partnership, association, venture, trust, institution, federal,

Oklahoma Statutes - Title 63. Public Health and Safety Page 493

state or local governmental instrumentality, agency or body or any

other legal entity however organized; and

8. "Person with a controlling interest" means a person who

meets any one or more of the following requirements:

a. controls fifty percent (50%) or more of the common

stock of the corporate entity involved or controls

fifty percent (50%) or more of the interest in the

partnership involved,

b. controls a percentage of stock greater than any other

stockholder or equal to the other single largest

stockholder or controls a percentage of partnership

interest greater than any other partner or equal to

the other single largest partnership interest, or

c. a managing member of a Limited Liability Company

(LLC).
Okla. Stat. tit. 63, § 63-2153 — OK Code / Title 63 / Section 63-2153
Preplacement or replacement of blood as a condition of
Status: in_force

treatment.

No hospital or blood donor organization shall require either

preplacement or replacement of blood as a condition of treatment.

Every statement of policy to or request of a patient or his next of

kin by a physician or the personnel of a hospital or a blood donor

organization regarding preplacement or replacement of blood through

voluntary donations on behalf of the patient pursuant to any

scheduled transfusion of whole blood or one or more of the component

parts of whole blood, shall be made in a manner not calculated or

likely to result in a marked increase in anxiety or emotional

disturbance on the part of the patient or his next of kin. Every

blood donor organization shall adopt policies and procedures for

directed blood donations. Such designated donations must be

medically suitable of purpose, safety, and acceptability to the body

of the recipient.

Any hospital or blood donor organization that violates the

provisions of this section may be denied all benefits and privileges

granted by state law to such institutions.
Okla. Stat. tit. 63, § 63-1-1930.2 — OK Code / Title 63 / Section 63-1-1930.2
Petition to place facility under control of receiver
Status: in_force

– Hearing - Emergency hearing - Ex parte receivership.

A. Whenever a determination is made that one of the following

conditions exists, the State Commissioner of Health shall take

whatever steps necessary to protect the health, welfare and safety

of the residents including, if necessary, petitioning the court to

place the facility under the control of a receiver to ensure that

the residents receive adequate care:

1. The facility is operating without a license;

2. The State Department of Health has suspended, revoked or

refused to renew the existing license of the facility;

3. The facility is closing or has informed the Department that

it intends to close and adequate arrangements for relocation of

residents have not been made at least thirty (30) days prior to

closure;

4. An emergency exists, whether or not the Department has

initiated revocation or nonrenewal procedures, if because of the

unwillingness or inability of the licensee to remedy the emergency,

the appointment of a receiver is necessary; or

5. It is necessary to ensure that the residents get adequate

care in a situation in which the residents' health and safety are

threatened.

Oklahoma Statutes - Title 63. Public Health and Safety Page 726

B. The court shall hold a hearing within five (5) days of the

filing of the petition. The petition and notice of the hearing

shall be served on the owner, administrator or designated agent of

the facility and the petition and notice of hearing shall be posted

in a conspicuous place in the facility not later than three (3) days

before the time specified for the hearing, unless a different time

limit is fixed by order of the court. The court shall appoint a

receiver for a limited time period, not to exceed one hundred eighty

(180) days, which shall automatically terminate the receivership

unless extended by the court.

C. If a petition filed under this section alleges an emergency

exists, the court may set the matter for hearing at the earliest

possible time. The petitioner shall notify the licensee,

administrator of the facility or registered agent of the licensee

more than five (5) days prior to the hearing. Any form of written

notice may be used. A receivership shall not be established ex

parte by the court unless the Commissioner, under oath, has provided

a statement that the Commissioner has personally determined that

there is a life-endangering situation. A waiver of the five-day

notice requirement may be approved by the court in life-endangering

situations as determined and confirmed under oath, by the

Commissioner.
Okla. Stat. tit. 63, § 63-1-2512.1 — OK Code / Title 63 / Section 63-1-2512.1
Oklahoma Emergency Response Systems Stabilization and
Status: in_force

Improvement Revolving Fund - Rules.

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

fund for the State Department of Health to be designated the

"Oklahoma Emergency Response Systems Stabilization and Improvement

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

to fiscal year limitations, and shall consist of monies received by

the State Department of Health in accordance with state law. All

monies accruing to the credit of the fund are hereby appropriated

and may be budgeted and expended by the Department for the purpose

of funding assessment activities, stabilization and/or

reorganization of at-risk emergency medical services, development of

regional emergency medical services, training for emergency medical

directors, access to training front line emergency medical services

personnel, capital and equipment needs. Expenditures from the fund

shall be made upon warrants issued by the State Treasurer against

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

Management and Enterprise Services for approval and payment.

Oklahoma Statutes - Title 63. Public Health and Safety Page 837

B. The State Board of Health shall promulgate rules

establishing a formula and procedure for the distribution of funds

from the Oklahoma Emergency Response Systems Stabilization and

Improvement Revolving Fund.
Okla. Stat. tit. 63, § 63-2054 — OK Code / Title 63 / Section 63-2054
Community Social Service Center Authority - Powers,
Status: in_force

rights and privileges.

The State Health Department is hereby designated as the Oklahoma

Community Social Service Center authority and is authorized to

exercise the following powers, rights, and privileges in carrying

out the purposes of this act:

(a) To prepare and publish guidelines, procedures, priorities,

and regulations following consultation with other state departments

and approval by the State Board of Health.

(b) To acquire by purchase, lease, sublease, or gift, any and

all property, real, personal, or mixed, necessary to the exercise of

the powers, rights, privileges, and functions conferred upon it by

this act.

(c) To acquire, build, extend, and improve any and all

facilities which, in the judgment of the Authority, will benefit the

people of the state, or which are necessary to the accomplishment of

the purpose of this act.

(d) To maintain and operate or enter into contracts with

official or nonprofit public bodies to maintain and operate

facilities acquired under the provisions of this act.

(e) To fix and contract concerning annual charges to tenants

occupying space in facilities acquired under the provisions of this

act.

(f) To enter into agreements with any person or entity for the

acquisition of property to accomplish the purposes of this act.

(g) To receive, allocate, or otherwise expend appropriations

made by the Government of the State of Oklahoma to accomplish the

purposes of this act.

(h) To apply for and receive directly, or through public bodies

in which the state has taken a beneficial interest, grants or

allocations from instrumentalities of the Government of the United

States which will assist in accomplishing the purposes of this act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1335

(i) To deposit all funds received by it from Community Social

Service Centers properties in a special account in the Office of the

State Treasurer, which said account in the Office of the State

Treasurer, which said account hereby is authorized and designated

the County Social Service Centers Account. Any funds in said

account shall be disbursed by the State Treasurer at the direction

of the authority for expenditures relative to the establishment,

improvement, maintenance and operation of County Social Service

Centers.
Okla. Stat. tit. 63, § 63-1-1914.16 — OK Code / Title 63 / Section 63-1-1914.16
Alternative informal dispute resolution - Limitation
Status: in_force

of matters.

A. The alternative informal dispute resolution process is

limited to deficiencies cited on a statement of deficiencies.

B. 1. If the impartial decision-making panel finds that

matters not subject to alternative informal dispute resolution are

presented, the impartial decision-making panel shall strike all

documentary evidence related to or presented for the purpose of

disputing the matter not subject to alternative informal dispute

resolution.

2. The impartial decision-making panel may not include in the

determination any matter not subject to alternative informal dispute

resolution.
Okla. Stat. tit. 63, § 63-1-875 — OK Code / Title 63 / Section 63-1-875
Inspection by State Department of Health
Status: in_force

The State Department of Health shall at least annually and

whenever it deems necessary inspect each adult day care center to

determine compliance with the Adult Day Care Act and rules and

regulations promulgated thereto.

Any licensee or applicant for a license shall be deemed to have

given consent to any duly authorized employee or agent of the

Department to inspect and enter the home in accordance with the

Adult Day Care Act or rules promulgated thereto. Refusal to permit

such entry or inspection may constitute grounds for the denial,

nonrenewal, suspension or revocation of a license.
Okla. Stat. tit. 63, § 63-2868v1 — OK Code / Title 63 / Section 63-2868v1
Use of funds – Annual audit – Annual report
Status: in_force

A. Public agencies recognized by the Oklahoma 9-1-1 Management

Authority and authorized to receive funds collected pursuant to the

provisions of the Oklahoma 9-1-1 Management Authority Act shall use

the funds only for services, equipment and operations related to 9-

1-1 emergency telephone services.

B. The 9-1-1 Management Authority will oversee all 9-1-1 fees

collected by this act. The Authority may order the Oklahoma Tax

Oklahoma Statutes - Title 63. Public Health and Safety Page 1439

Commission to escrow fees attributable to public agencies which have

misspent, diverted or supplanted 9-1-1 collected fees to a purpose

other than what is authorized by this act.

C. Money remitted to public agencies pursuant to the Oklahoma

9-1-1 Management Authority Act and any money otherwise collected by

any lawful means for purposes of providing 9-1-1 emergency telephone

services shall be deposited in a separate 9-1-1 emergency telephone

service account established by a public agency or its governing body

to carry out the requirements of the Oklahoma 9-1-1 Management

Authority Act. Monies remaining in such accounts at the end of a

fiscal year shall carry over to subsequent years. The monies

deposited in the Oklahoma 9-1-1 Management Authority Revolving Fund

shall at no time be monies of the state and shall not become part of

the general budget of the Office of Emergency Management or any

other state agency. Except as otherwise authorized by the Oklahoma

9-1-1 Management Authority Act, no monies from the Oklahoma 9-1-1

Management Authority Revolving Fund shall be transferred for any

purpose to any other state agency or any account of the Office of

Emergency Management or be used for the purpose of contracting with

any other state agency or reimbursing any other state agency for any

expense. Payments from the Oklahoma 9-1-1 Management Authority

Revolving Fund shall not become or be construed to be any obligation

of the state. No claims for reimbursement from the Oklahoma 9-1-1

Management Authority Revolving Fund shall be paid with state monies.

D. If the Oklahoma 9-1-1 Management Authority determines that

the public agency has failed to deploy Phase II service, failed to

meet the State master plan for NG9-1-1 services or has failed to

deliver service consistent with National Emergency Number

Association (NENA) standards, the public agency shall submit an

improvement plan within the time prescribed by the Authority. The

Authority may order the Oklahoma Tax Commission to escrow fees

attributable to public agencies which have not submitted plans or

complied with improvement plans.

E. A public agency shall be required to have conducted

separately or as a part of the annual audit required by law of the

municipality or county an annual audit of any accounts established

or used for the operation of a 9-1-1 emergency telephone system.

The audit may be conducted by the State Auditor and Inspector at the

discretion of the public agency. The cost of the audit of the 9-1-1

emergency telephone system may be paid from and be considered a part

of the operating expenses of the 9-1-1 emergency telephone system.

Proprietary information of the wireless service providers shall be

confidential. Audit information pertaining to revenue collected or

disbursed may be released only in aggregate form so that no

provider-specific information may be extrapolated.

F. Public agencies shall be required to annually submit to the

Authority:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1440

1. A report, on a form to be prescribed by the Authority,

covering the operation and financing of the public safety answering

point which shall include all sources of funding available to the

public agency for the 9-1-1 emergency telephone system; and

2. A copy of the most recent annual audit or budget showing all

expenses of the public agency relating to the 9-1-1 emergency

telephone system.

G. The Authority shall have the power to review, approve,

submit for further information or deny approval of the annual report

of each public agency required pursuant to subsection F of this

section. Failure by a public agency to submit the report annually

or denial of a report may cause the Authority to order the Tax

Commission to escrow the 9-1-1 emergency telephone fees due to the

public agency until the public agency complies with the requirements

of the Oklahoma 9-1-1 Management Authority Act and the procedures

established by the Authority.
Okla. Stat. tit. 63, § 63-124.7 — OK Code / Title 63 / Section 63-124.7
Denial, revocation or suspension of permit
Status: in_force

Any violation of this division or the rules promulgated

hereunder shall constitute grounds for the denial, revocation or

suspension of a permit by the State Fire Marshal as deemed

appropriate by the State Fire Marshal.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1076
Okla. Stat. tit. 63, § 63-2255.7 — OK Code / Title 63 / Section 63-2255.7
Renumbered as § 1-2408 of Title 63 by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2408 of Title 63

by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-1-114.21 — OK Code / Title 63 / Section 63-1-114.21
Public School Vision Screening Modernization
Status: in_force

Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the State Department of Health to be designated the “Public

School Vision Screening Modernization Revolving Fund”. The fund

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

and shall consist of all monies deposited to the credit of the fund

by law or from private funds donated for one or both of the purposes

listed in this section. All monies accruing to the credit of the

fund are hereby appropriated and may be budgeted and expended by the

State Department of Health for the following purposes:

1. Awarding grants to public schools as provided by Section 2

of this act; and

2. Collection of necessary vision screening data including, but

not limited to, through the cloud-based platform and data management

system described in Section 1210.284 of Title 70 of the Oklahoma

Statutes.

Expenditures from the fund shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.

Oklahoma Statutes - Title 63. Public Health and Safety Page 90
Okla. Stat. tit. 63, § 63-1-1115 — OK Code / Title 63 / Section 63-1-1115
Inspections
Status: in_force

The State Commissioner of Health or his duly-authorized agent

shall have free access at all reasonable hours to any factory,

warehouse, or establishment in which foods are manufactured,

processed, packed, or held for introduction into commerce, or to

enter any vehicle being used to transport or hold such foods in

commerce after notice to the owner, or person in charge of such

factory, warehouse, establishment, or vehicle, for the purpose:

(1) of inspecting such factory, warehouse, establishment or

vehicle to determine if any of the provisions of this article are

being violated, and

(2) to secure samples or specimens of any food after paying or

offering to pay for such sample. It shall be the duty of the

Commissioner to make or cause to be made examinations of samples

secured under the provisions of this section to determine whether or

not any provision of this article is being violated; provided, that

a copy of the report thereof shall be furnished to the owner of such

factory, warehouse, establishment, or vehicle upon written request

to the Commissioner; and provided, further, that nothing in this

article shall be construed to limit, modify, repeal or affect in any

Oklahoma Statutes - Title 63. Public Health and Safety Page 580

way the powers, duties or functions of the State Board of

Agriculture.
Okla. Stat. tit. 63, § 63-1-737.9 — OK Code / Title 63 / Section 63-1-737.9
Unlawful dismemberment abortions - Exceptions
Status: in_force

A. Notwithstanding any other provision of law, it shall be

unlawful and deemed a Class D2 felony offense for any person to

purposely perform or attempt to perform a dismemberment abortion and

thereby kill an unborn child unless necessary to prevent serious

health risk to the unborn child's mother.

B. A person accused in any proceeding of unlawful conduct under

subsection A of this section may seek a hearing before the State

Board of Medical Licensure and Supervision on whether the

dismemberment abortion was necessary to prevent serious health risk

to the unborn child's mother. The Board's findings are admissible

on that issue at any trial in which such unlawful conduct is

alleged. Upon a motion of the person accused, the court shall delay

the beginning of the trial for not more than thirty (30) days to

permit such a hearing to take place.

C. No woman upon whom an abortion is performed or attempted to

be performed shall be thereby liable for performing or attempting to

perform a dismemberment abortion. No nurse, technician, secretary,

receptionist or other employee or agent who is not a physician but

who acts at the direction of a physician and no pharmacist or other

individual who is not a physician but who fills a prescription or

provides instruments or materials used in an abortion at the

direction of or to a physician shall be thereby liable for

performing or attempting to perform a dismemberment abortion.
Okla. Stat. tit. 63, § 63-1-745.8 — OK Code / Title 63 / Section 63-1-745.8
Suits upon violation of act – Injunctive relief –
Status: in_force

Attorney fees.

A. Any woman upon whom an abortion has been performed in

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

father of the unborn child who was the subject of such an abortion,

may maintain an action against the person who performed or induced

the abortion in knowing or reckless violation of the Pain-Capable

Unborn Child Protection Act for actual and punitive damages. Any

woman upon whom an abortion has been attempted in violation of the

Pain-Capable Unborn Child Protection Act may maintain an action

against the person who attempted to perform or induce the abortion

in knowing or reckless violation of the Pain-Capable Unborn Child

Protection Act for actual and punitive damages.

B. A cause of action for injunctive relief against any person

who has knowingly or recklessly violated the Pain-Capable Unborn

Child Protection Act may be maintained by the woman upon whom an

abortion was performed or induced or attempted to be performed or

induced in violation of the Pain-Capable Unborn Child Protection

Act; by any person who is the spouse, parent, sibling or guardian

of, or a current or former licensed health care provider of, the

woman upon whom an abortion has been performed or induced or

attempted to be performed or induced in violation of the Pain-

Capable Unborn Child Protection Act; by a district attorney with

appropriate jurisdiction; or by the Attorney General. The

injunction shall prevent the abortion provider from performing or

inducing or attempting to perform or induce further abortions in

violation of the Pain-Capable Unborn Child Protection Act in the

State of Oklahoma.

C. If judgment is rendered in favor of the plaintiff in an

action described in this section, the court shall also render

judgment for a reasonable attorney fee in favor of the plaintiff

against the defendant.

D. If judgment is rendered in favor of the defendant and the

court finds that the plaintiff's suit was frivolous and brought in

bad faith, the court shall also render judgment for a reasonable

attorney fee in favor of the defendant against the plaintiff.

E. No damages or attorney fee may be assessed against the woman

upon whom an abortion was performed or attempted to be performed

except in accordance with subsection D of this section.
Okla. Stat. tit. 63, § 63-1-1903 — OK Code / Title 63 / Section 63-1-1903
License required - Exemptions - Practice of healing
Status: in_force

arts not authorized – Application of act to facilities not receiving

public funds.

A. No person shall establish, operate, or maintain in this

state any nursing facility without first obtaining a license as

required by the Nursing Home Care Act.

B. The Nursing Home Care Act shall not apply to residential

care homes, assisted living facilities or adult companion homes

which are operated in conjunction with a nursing facility, a home or

facility approved and annually reviewed by the United States

Department of Veterans Affairs as a medical foster home in which

care is provided exclusively to three or fewer veterans, or to

hotels, motels, boarding houses, rooming houses, or other places

that furnish board or room to their residents.

C. Each State Veterans Home nursing facility licensed pursuant

to the provisions of this section shall be regulated as an existing

nursing facility for the purposes of meeting state and federal

standards.

D. Certificate of need review shall not be required for any

addition, deletion, modification or new construction of current or

future State Veterans Home nursing facilities.

E. The Nursing Home Care Act shall not authorize any person to

engage in any manner in the practice of the healing arts or the

practice of medicine, as defined by law.

Oklahoma Statutes - Title 63. Public Health and Safety Page 670

F. The Nursing Home Care Act shall not apply to a facility

which is not charging or receiving periodic compensation for

services rendered, and not receiving any county, state, or federal

assistance.
Okla. Stat. tit. 63, § 63-2169 — OK Code / Title 63 / Section 63-2169
Financial statements and reports
Status: in_force

Each blood service system operating within this state shall

publish annually a financial statement which clearly identifies, on

an individual system basis, its assets, liabilities, income,

expenses and net worth and shall maintain an accounting system which

facilitates a determination that its system of charges is reasonably

related to the costs for blood, blood components and related

services and activities.
Okla. Stat. tit. 63, § 63-3111.4 — OK Code / Title 63 / Section 63-3111.4
Revocation
Status: in_force

A. An individual may revoke the designation of an agent by a

signed writing or by personally informing the health care provider

at any time and in any manner that communicates an intent to revoke.

B. A health care provider or agent who is informed of a

revocation shall promptly communicate the fact of the revocation to

the attending physician and to any health care facility at which the

patient is receiving care.

C. A decree of annulment, divorce, dissolution of marriage, or

legal separation revokes a previous designation of a spouse as agent

unless otherwise specified in the decree or specifically enumerated

in a power of attorney for health care.

D. A power of attorney for health care that conflicts with an

earlier power of attorney for health care revokes the earlier power

of attorney to the extent of the conflict.
Okla. Stat. tit. 63, § 63-3283 — OK Code / Title 63 / Section 63-3283
Revenue bonds not debt of state or political subdivision
Status: in_force

- Statement on bonds - Tax exempt.

Revenue bonds of the Oklahoma State University Medical Authority

issued pursuant to the provisions of the Oklahoma State University

Medical Authority shall not constitute a debt of the state or of any

political subdivision thereof, or a pledge of the full faith and

credit of the state, or of any political subdivision thereof, but

such bonds shall be payable solely from the funds provided therefor.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1589

The forms of the bonds so issued shall contain on the face thereof a

statement to the effect that neither the state nor the Authority

shall be obligated to pay the same or the interest thereon except

from the revenues of the Authority pledged to the payment of such

bonds and that neither the faith and credit nor the taxing power of

the state or any political subdivision thereof is pledged, or may

hereafter be pledged, to the payment of the principal of or interest

on such bonds. The bonds so issued shall be exempt from taxation by

the State of Oklahoma and any political subdivision thereof,

including the income therefrom, and any gain from the sale thereof.
Okla. Stat. tit. 63, § 63-1-1121 — OK Code / Title 63 / Section 63-1-1121
License
Status: in_force

No person shall engage or continue in the operation of a frozen

food locker plant or a branch frozen food locker plant until a

license has been obtained from the State Commissioner of Health for

each such location or establishment. Application for such license

shall be made upon forms furnished by the Commissioner and shall

contain items as to ownership, management, location, equipment, and

other data concerning the business for which each license is

desired.
Okla. Stat. tit. 63, § 63-4213 — OK Code / Title 63 / Section 63-4213
Placing or disposing of marine sewage in state waters
Status: in_force

prohibited - Use of total retention marine toilets required.

A. No person shall place or dispose of marine sewage in any

waters of this state.

B. On and after July 1, 1995, no person shall operate a vessel

equipped with a marine toilet which is not a total retention system

in accordance with federal regulations regarding marine toilets.
Okla. Stat. tit. 63, § 63-1-1919 — OK Code / Title 63 / Section 63-1-1919
Person authorized to have access to facilities -
Status: in_force

Violations - Exemptions.

A. Any employee or agent of a public agency or any

representative of a community legal services program or any member

of a nonprofit community supported agency which provides health or

social services to the elderly, or any member of a church group,

association of older persons or community service club which

provides volunteers for service to nursing home residents shall be

permitted access at reasonable hours, which shall be 10:00 a.m. to

8:00 p.m., to any individual resident of any facility, if the

purpose of such agency, program or organization includes rendering

assistance to residents without charge, but only if there is neither

a commercial purpose nor affect to such access and if the purpose is

to do any of the following:

1. Visit, talk with and make personal, social and legal

services available to all residents;

2. Inform residents of their rights and entitlements and their

corresponding obligations, under federal and state laws, by means of

educational materials and discussions in groups and with individual

residents;

3. Assist residents in asserting their legal rights regarding

claims for public assistance, medical assistance and Social Security

benefits, as well as in all other matters in which residents are

aggrieved. Assistance may include counseling and litigation; or

4. Engage in other methods of asserting, advising and

representing residents so as to extend to them full enjoyment of

their rights.

B. All persons entering a facility under this section shall

promptly notify appropriate facility personnel of their presence.

They shall, upon request, produce identification to establish their

identity. No such person shall enter the immediate living area of

any resident without first identifying himself and then receiving

permission from the resident to enter. The rights of other

residents present in the room shall be respected. A resident may

terminate at any time a visit by a person having access to the

resident's living area under this section.

C. This section shall not limit the power of the Department or

other public agency otherwise permitted or required by law to enter

and inspect a facility.

Oklahoma Statutes - Title 63. Public Health and Safety Page 705

D. Notwithstanding subsection A of this section, the

administrator of a facility may refuse access to the facility to any

person if the presence of that person in the facility would be

injurious to the health and safety of a resident or would threaten

the security of the property of a resident or the facility, or if

the person seeks access to the facility for commercial purposes. Any

person refused access to a facility may within ten (10) days request

a hearing. In that proceeding, the burden of proof as to the right

of the facility to refuse access under this section shall be on the

facility.

E. This section shall not apply to any inspection team of the

Department or any other agency.
Okla. Stat. tit. 63, § 63-6402 — OK Code / Title 63 / Section 63-6402
Executive order
Status: in_force

A state of catastrophic health emergency shall be declared by an

executive order that specifies:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1769

1. The nature of the catastrophic health emergency;

2. The political subdivisions or geographic areas subject to

the declaration;

3. The conditions that have brought about the catastrophic

health emergency;

4. The duration of the state of the catastrophic health

emergency, if less than thirty (30) days; and

5. The primary public health authority responding to the

catastrophic health emergency.
Okla. Stat. tit. 63, § 63-3091.2 — OK Code / Title 63 / Section 63-3091.2
Definitions
Status: in_force

For purposes of the Right to Try Act:

1. "Eligible patient" means a person who has:

a. a terminal illness, attested to by the patient's

treating physician,

b. considered all other treatment options currently

approved by the United States Food and Drug

Administration,

c. been unable to participate in a clinical trial for the

terminal illness within one hundred (100) miles of the

patient's home address, or not been accepted to the

clinical trial within one (1) week of completion of

the clinical trial application process,

d. received a recommendation from his or her physician

for the use of an investigational drug, biological

product or device,

e. given written, informed consent for the use of the

investigational drug, biological product or device or,

if the patient is a minor or lacks the mental capacity

to provide informed consent, a parent or legal

guardian has given written, informed consent on the

patient's behalf, and

f. documentation from his or her physician that he or she

meets the requirements of this paragraph.

"Eligible patient" does not include a person being treated as an

inpatient in a hospital licensed pursuant to the provisions of

Section 1-701 et seq. of Title 63 of the Oklahoma Statutes;

2. "Investigational drug, biological product or device" means a

drug, biological product or device that has successfully completed

phase one of a clinical trial but has not yet been approved for

general use by the United States Food and Drug Administration and

remains under investigation in a clinical trial approved by the

United States Food and Drug Administration;

3. "Terminal illness" means a disease that, without life-

sustaining procedures, will soon result in death or a state of

permanent unconsciousness from which recovery is unlikely; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1456

4. "Written, informed consent" means a written document signed

by the patient and attested to by the patient's physician and a

witness that, at a minimum:

a. explains the currently approved products and

treatments for the disease or condition from which the

patient suffers,

b. attests to the fact that the patient concurs with his

or her physician in believing that all currently

approved and conventionally recognized treatments are

unlikely to prolong the patient's life,

c. clearly identifies the specific proposed

investigational drug, biological product or device

that the patient is seeking to use,

d. describes the best and worst potential outcomes of

using the investigational drug, biological product or

device with a realistic description of the most likely

outcome, including the possibility that new,

unanticipated, different or worse symptoms might

result, and that death could be hastened by the

proposed treatment, based on the physician's knowledge

of the proposed treatment in conjunction with an

awareness of the patient's condition,

e. makes clear that the patient's health insurer and

provider are not obligated to pay for any care or

treatments consequent to the use of the

investigational drug, biological product or device,

f. makes clear that the patient's eligibility for hospice

care may be withdrawn if the patient begins curative

treatment and care may be reinstated if the curative

treatment ends and the patient meets hospice

eligibility requirements,

g. makes clear that in-home health care may be denied if

treatment begins, and

h. states that the patient understands that he or she is

liable for all expenses consequent to the use of the

investigational drug, biological product or device,

and that this liability extends to the patient's

estate unless a contract between the patient and the

manufacturer of the drug, biological product or device

states otherwise.
Okla. Stat. tit. 63, § 63-2820 — OK Code / Title 63 / Section 63-2820
Renumbered as § 2869.7 of this title by Laws 2023, c. 49,
Status: in_force

§ 11, eff. Nov. 1, 2023.
Okla. Stat. tit. 63, § 63-1-516.1 — OK Code / Title 63 / Section 63-1-516.1
Exemption
Status: in_force

None of the provisions of this act shall apply to any person

who, as an exercise of religious freedom, administers to or treats

the sick or suffering by spiritual means or prayer, nor to any

person who, because of religious belief, in good faith selects and

depends upon such spiritual means or prayer for the treatment or

cure of disease.
Okla. Stat. tit. 63, § 63-686.9 — OK Code / Title 63 / Section 63-686.9
Successors to keep informed
Status: in_force

Each emergency interim successor shall keep himself generally

informed as to the duties, procedures, practices and current

business of the Legislature, and each legislator shall assist his

emergency interim successors to keep themselves so informed.
Okla. Stat. tit. 63, § 63-1-516 — OK Code / Title 63 / Section 63-1-516
Reports - Blood tests for syphilis
Status: in_force

In reporting every birth and stillbirth, physicians, and others

permitted to attend pregnancy cases and required to report births

and stillbirths, shall state on the birth certificate or stillbirth

certificate, as the case may be, whether a blood test for syphilis

has been made during such pregnancy upon a specimen of blood taken

from the woman who bore the child for which a birth or stillbirth

certificate is filed and, if made, the date when such test was made,

and, if not made, the reason why such test was not made. In no

event shall the birth certificate state the result of the test.
Okla. Stat. tit. 63, § 63-683.13 — OK Code / Title 63 / Section 63-683.13
Emergency management activities declared as
Status: in_force

governmental functions - Workers' benefit rights preserved.

A. All functions hereunder and all other activities relating to

emergency management are hereby declared to be governmental

functions. The provisions of this section shall not affect the

right of any person to receive benefits to which the person would

otherwise be entitled under this act, or under the workers'

compensation law, or under any pension law, nor the right of any

such person to receive any benefits or compensation under any Act of

Congress. Any municipal fireman or policeman engaged in any

emergency management activities, while complying with or attempting

to comply with this act or any rule or regulation pursuant thereto,

shall be considered as serving in his or her regular line of duty

and shall be entitled to all benefits of any applicable pension

fund.

B. Any requirement for a license to practice any professional,

mechanical, or other skill shall not apply to any authorized

emergency management worker from any state rendering mutual aid and

who holds a comparable license in that state, who shall practice

such professional, mechanical, or other skill during an emergency

Oklahoma Statutes - Title 63. Public Health and Safety Page 1231

declared under the provisions of this act, when such professional,

mechanical or other skill is exercised in accordance with the

provisions of this act.

C. As used in this section, the term "emergency management

worker" shall include any full or part-time paid, volunteer, or

auxiliary employee of this state, or other states, territories,

possession or the District of Columbia, of the federal government,

or any neighboring country, or of any political subdivision thereof,

or of any agency or organization, performing emergency management

services under state supervision, and who has been properly trained

in the performance of emergency management functions, at any place

in this state subject to the order or control of, or pursuant to a

request of, the state government or any political subdivision

thereof. The term "emergency management worker" shall not include

any volunteer health practitioner subject to the provisions of the

Uniform Emergency Volunteer Health Practitioners Act.

D. Any emergency management worker, as defined in this section,

performing emergency management services at any place in this state

pursuant to agreements, compacts, or arrangements for mutual aid and

assistance, to which the state or a political subdivision thereof is

a party, shall possess the same powers, duties, immunities, and

privileges the person would ordinarily possess if performing the

same duties in the state, province, or political subdivision thereof

in which normally employed or rendering services.
Okla. Stat. tit. 63, § 63-2-309B — OK Code / Title 63 / Section 63-2-309B
Definitions
Status: in_force

For the purposes of the Anti-Drug Diversion Act:

1. "Bureau" means the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control;

2. "Dispenser" means a person who distributes a Schedule II

controlled dangerous substance, but does not include a licensed

hospital pharmacy or a licensed nurse or medication aide who

administers such a substance at the direction of a licensed

physician;

3. "Dispenser's registration number" means the dispenser's

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

registration number or, in the case of a pharmacist, the National

Association of Boards of Pharmacy number for the pharmacy where the

dispensation is made;

4. "Exception report" means an output of data indicating

Schedule II controlled dangerous substance dispensation which is

outside expected norms for a prescriber practicing a particular

specialty or field of health care, for a dispenser doing business in

a particular location, or for a recipient;

5. "Recipient" means the person for whom a prescription is

prescribed and who is the lawful intended ultimate user;

6. "Recipient's agent" means a person who is authorized by the

ultimate user to pick up the recipient's medication and deliver it

to the recipient or a person who claims a prescription other than

the person to whom the medication is prescribed;

7. "Recipient's identification number" and "recipient's agent's

identification number" means the unique number contained on forms of

identification listed in 8 CFR 274a.2(b)(1)(v)(A) and (B);

8. "Registrant" means a person, persons, corporation or other

entity who has been issued by the Director of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control a registration

pursuant to Section 2-302 of this title; and

9. "State" means any state, territory, or possession of the

United States, the District of Columbia, or foreign nation.
Okla. Stat. tit. 63, § 63-2816 — OK Code / Title 63 / Section 63-2816
Renumbered as § 2869.4 of this title by Laws 2023, c. 49,
Status: in_force

§ 8, eff. Nov. 1, 2023.
Okla. Stat. tit. 63, § 63-3090.2 — OK Code / Title 63 / Section 63-3090.2
Definitions
Status: in_force

As used in the Nondiscrimination in Treatment Act:

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

certified, or otherwise authorized by the laws of this state to

practice a health care or healing arts profession or who administers

health care in the ordinary course of business;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1454

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

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

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

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

care or treatment rendered by health care providers;

3. "Life-preserving health care service" means a health care

service, the denial of which, in reasonable medical judgment, will

result in or hasten the death of the patient; and

4. "Person legally authorized to make health care decisions"

means, in the case of an adult patient, or of a minor patient who

may consent to have services provided by health professionals under

Section 2602 of this title, the person or persons designated to make

health care decisions for the patient pursuant to Section 2 of this

act, and in the case of any other minor, it means the minor's

custodial parent or guardian.
Okla. Stat. tit. 63, § 63-1-1410 — OK Code / Title 63 / Section 63-1-1410
Adulteration of cosmetics
Status: in_force

A cosmetic shall be deemed to be adulterated:

(a) if it bears or contains any poisonous or deleterious

substance which may render it injurious to users under the

conditions of use prescribed in the labeling or advertisement

thereof, or under such conditions of use as are customary or usual.

Provided, that this provision shall not apply to coal tar hair dye,

the label of which bears the following legend conspicuously

displayed thereon: "Caution-This product contains ingredients which

may cause skin irritation on certain individuals and a preliminary

test according to accompanying directions should first be made. This

Oklahoma Statutes - Title 63. Public Health and Safety Page 615

product must not be used for dyeing the eyelashes or eyebrows; to do

so may cause blindness", and the labeling of which bears adequate

directions for such preliminary testing. For the purposes of this

paragraph and paragraph (e) the term "hair dye" shall not include

eyelash dyes or eyebrow dyes.

(b) if it consists in whole or in part of any filthy, putrid, or

decomposed substance.

(c) if it has been produced, prepared, packed, or held under

insanitary conditions whereby it may have become contaminated with

filth, or whereby it may have been rendered injurious to health.

(d) if its container is composed, in whole or in part, of any

poisonous or deleterious substance which may render the contents

injurious to health.

(e) if it is not a hair dye and it bears or contains a coal tar

color other than one from a batch which has been certified under

authority of the Federal Act.
Okla. Stat. tit. 63, § 63-4037.1 — OK Code / Title 63 / Section 63-4037.1
Relocating existing dealership within or into relevant
Status: in_force

market area where same product line is represented.

In the event that a dealer seeks to establish a new vessel or

new motor dealership or relocate an existing vessel or motor

dealership within or into a relevant market area where the same

product line is then represented, the dealer shall notify Service

Oklahoma and each new vessel or new motor dealer of such product

line in the relevant market area of the intention to establish or

relocate a dealership within or into that market area. The relevant

market area is the area within a radius of fifteen (15) miles of the

site of the proposed new vessel or new motor dealership. Within

fifteen (15) days of receiving such notice such new vessel or new

motor dealer may file with Service Oklahoma a protest to the

establishing or relocating of the proposed new vessel or new motor

dealership. When such a protest is filed, Service Oklahoma shall

inform the dealer that a timely protest has been filed, and that the

dealer shall not establish or relocate the proposed new vessel or

new motor dealership until Service Oklahoma has held a hearing, nor

thereafter, if Service Oklahoma has determined that there is good

cause for not permitting such new vessel or new motor dealership.

The manufacturer or factory representative of the same product line

may obtain a waiver of protest from each new vessel or new motor

dealer of the same product line within that relevant market area.

If a waiver of protest from each dealer within the relevant market

area is not attached to the application for the new dealer seeking

Oklahoma Statutes - Title 63. Public Health and Safety Page 1645

to establish, Service Oklahoma shall render a final decision no

later than sixty (60) days after Service Oklahoma's receipt of the

notice of protest. In any hearing held pursuant to this section on

additional dealerships or relocation of dealerships the new dealer

or existing dealer relocating shall have the burden of proof. For

the purposes of this section, the reopening in a relevant market

area of a new vessel or new motor dealership that has not been in

operation for two (2) years or more shall be deemed the

establishment of a new vessel or new motor dealership. For the

purpose of this section, the designation of an additional location

in an existing dealership agreement shall be deemed to be the

establishment of a new vessel or new motor dealership.
Okla. Stat. tit. 63, § 63-1-1708.1B — OK Code / Title 63 / Section 63-1-1708.1B
Legislative findings - Purpose
Status: in_force

A. FINDINGS: The Oklahoma Legislature finds:

1. EFFECT ON HEALTH CARE ACCESS AND COSTS. That the medical

liability system in this state is a mechanism for resolving claims

of medical liability and compensating injured patients which affects

patient access to health care services; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 653

2. EFFECT ON STATE SPENDING. That the medical liability

litigation system existing in this state has an effect on the

amount, distribution, and use of state funds because of:

a. the large number of individuals who receive health

care benefits under programs operated or financed by

the state through the Oklahoma Health Care Authority,

and

b. the large number of Oklahoma health care providers

needed to provide services for which the state makes

payment through the Oklahoma Health Care Authority.

B. PURPOSE. It is the purpose of the Affordable Access to

Health Care Act to implement reasonable, comprehensive, and

effective medical liability reforms designed to:

1. Improve the availability of health care services;

2. Lower the cost of medical liability insurance;

3. Ensure that persons with meritorious health care injury

claims receive fair and adequate compensation; and

4. Improve the fairness and cost-effectiveness of this state’s

current medical liability system to resolve disputes over, and

provide compensation for, medical liability.
Okla. Stat. tit. 63, § 63-1-232.1 — OK Code / Title 63 / Section 63-1-232.1
Prenatal classes - Risks of drug or alcohol use-
Status: in_force

Treatment – Education and prevention materials.

A. All prenatal classes offered shall include in their

education curriculum the following:

1. The risks of drug or alcohol use during pregnancy to the

unborn child and to the mother;

2. The risks of underage drinking, including information to

assist new parents in preventing underage drinking in their own

children; and

3. Information on screening, assessment, intervention, and

referral for treatment of substance dependency.

B. All persons licensed to practice medicine and surgery or who

are licensed osteopathic physicians and surgeons or who are

certified nurse-midwives, advanced nurse practitioners and who

provide prenatal, delivery, infant care services and other child or

adult health services related to maternal and infant care shall

provide access to screening, assessment, intervention, and referral

for treatment of substance dependency.

C. Education and prevention materials regarding the risks of

alcohol or drug use during pregnancy and the risks of underage

drinking shall be made readily available by those governed by this

section and shall be distributed to individuals who report to their

Oklahoma Statutes - Title 63. Public Health and Safety Page 149

health care provider they are pregnant or are planning to become

pregnant.
Okla. Stat. tit. 63, § 63-3226 — OK Code / Title 63 / Section 63-3226
Leases from University Hospitals Authority to University
Status: in_force

Hospitals Trust.

A. Contingent upon the creation of the University Hospitals

Trust as provided in Section 3224 of this title, the University

Hospitals Authority is hereby authorized to lease, for a term of not

more than fifty (50) years, renewable at the option of the

Authority, all real property known as the University Hospitals and

any other sites under the control of the Authority to the University

Hospitals Trust. Any lease agreement made pursuant to this section

shall be contingent upon:

1. Prior review by the Attorney General of any contractual

agreement between the University Hospitals Trust and any entity

authorized to transact business in the State of Oklahoma regarding

the lease and operations of the University Hospitals. The Attorney

General shall disapprove the agreement if it is determined that

provisions of the agreement are not consistent with state law; and

2. The execution of an operating and lease agreement between

the University Hospitals Trust and any entity authorized to transact

business in the State of Oklahoma.

B. Concurrent with the execution of a lease of real property

from the University Hospitals Authority to the University Hospitals

Trust as provided in subsection A of this section, the Authority is

authorized to transfer title to and possession of all tangible and

intangible personal property under its control to the Trust. In any

contractual agreement regarding the lease and operations of the

University Hospitals between the University Hospitals Trust and any

entity authorized to transact business in the State of Oklahoma, the

Trust is authorized to sell or otherwise convey to such entity all

tangible and intangible personal property the Trust may receive from

the University Hospitals Authority. Any contract or other agreement

which purports to exercise the powers authorized by this subsection

is subject to review by the Contingency Review Board, as specified

in Section 3225 of this title.

C. If a contracting entity fails to take possession of the

leased premises or abandons or surrenders possession of the leased

premises, other than to a state agency, at any time during the term

Oklahoma Statutes - Title 63. Public Health and Safety Page 1537

of the lease between the University Hospitals Trust and the

contracting entity, the interest in the real property leased to the

University Hospitals Trust by the University Hospitals Authority

shall revert to and be the sole and exclusive property of the

University Hospitals Authority.

D. Contingent upon the execution of an agreement between the

University Hospitals Trust and any entity authorized to transact

business in the State of Oklahoma, as specified in subsection A of

this section, the University Hospitals Authority is authorized to

enter into an agreement for such entity to provide indigent care

services and perform other related duties imposed upon the

University Hospitals Authority by law. Such an agreement between

the University Hospitals Authority and such entity is exempt from

the requirements of the Oklahoma Central Purchasing Act and any

rules adopted by the University Hospitals Authority pursuant to the

Administrative Procedures Act.
Okla. Stat. tit. 63, § 63-683.15 — OK Code / Title 63 / Section 63-683.15
Limitation on political activity
Status: in_force

No organization for emergency management established under the

authority of this act shall participate in any form of political

activity, nor shall it be employed directly or indirectly for

political purposes.
Okla. Stat. tit. 63, § 63-1-515 — OK Code / Title 63 / Section 63-1-515
Pregnant women - Tests for syphilis
Status: in_force

A. Every physician, physician assistant, or Advanced Practice

Registered Nurse attending a pregnant woman in this state during

gestation shall, in the case of each woman so attended, take or

cause to be taken a sample of blood of such woman, and shall submit

such sample to an approved laboratory for a standard serological

test for syphilis, when indicated by current guidance of the Centers

for Disease Control and Prevention.

B. Every other person permitted by law to attend upon pregnant

women in the state but not permitted by law to take blood tests

shall cause a sample of the blood of such pregnant woman to be taken

by a duly licensed physician, physician assistant, or Advanced

Practice Registered Nurse, licensed to practice in this state, and

submitted to an approved laboratory for a standard serological test

for syphilis.

C. The term “approved laboratory” shall mean a laboratory

approved for the purposes of this section by the State Commissioner

of Health. A standard serological test for syphilis shall be one

recognized as such by the Commissioner. Such laboratory tests shall

be made, on request, without charge by the State Department of

Health.
Okla. Stat. tit. 63, § 63-1-2211 — OK Code / Title 63 / Section 63-1-2211
Short title
Status: in_force

This act shall be known and may be cited as the "Long-Term Care

Ombudsman Act".
Okla. Stat. tit. 63, § 63-427.14b — OK Code / Title 63 / Section 63-427.14b
Credentials required for employees to work in licensed
Status: in_force

medical marijuana business.

A. Beginning January 1, 2024, the Oklahoma Medical Marijuana

Authority shall require employees of a medical marijuana business

licensee to apply for and receive a credential authorizing the

employee to work in a licensed medical marijuana business.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1163

B. The Authority may contract with one or more third-party

vendors to provide the credentialing services necessary to carry out

the provisions of this section.

C. The Authority shall determine the services to be provided by

such third-party vendor and shall establish costs and prices. If

contracted for credentialing services, a third-party vendor shall on

behalf of the Authority conduct the background checks and verify

eligibility for any employees of a medical marijuana business

license holder to obtain a credential.

D. Upon successful completion of the national fingerprint-based

background check conducted by the Oklahoma State Bureau of

Investigation within thirty (30) days prior to the application,

completion of the educational training required pursuant to the

provisions of this section, and verification of eligibility for an

employee, the Authority shall issue a credential to the employee.

The applicant shall submit proof of completion of the required

educational training in the credential application, and the results

of background checks and verifications shall be provided to the

Authority by the third-party vendor.

E. Beginning January 1, 2027, in order to receive an employee

credential, all employees of a licensed medical marijuana business

shall annually complete an educational training course provided by

or approved by the Authority. The employee shall submit proof of

completion of the required educational training in order to receive

an employee credential. Such training may include an overview of

state statutes and administrative rules, patient privacy

requirements, and the safe handling and storage of medical

marijuana.

F. If the third-party vendor determines that an employee of a

medical marijuana business holder does not meet the minimum

statutory requirements for a credential, the applicant or employee

shall have no recourse against the third-party vendor but may appeal

such adverse determination to the Authority.

G. The third-party vendor shall not be civilly liable to an

applicant, licensee, or employee of a licensee for any acts taken in

good-faith compliance with the provisions of Section 420 et seq. of

this title and the Oklahoma Medical Marijuana and Patient Protection

Act and the rules promulgated by the Oklahoma Medical Marijuana

Authority.

H. 1. The Authority shall review the medical marijuana

credential application; approve, reject, or deny the application;

and send the approval, rejection, or denial letter to the applicant

by the same method in which the application was submitted to the

Authority.

2. Each approved applicant shall be issued a credential, which

shall act as proof of his or her approved status, to be worn or

displayed during the hours of work of the employee. Rejection and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1164

denial letters shall provide a reason for the rejection or denial.

Applications may only be rejected or denied for failure to meet the

standards set forth in the provisions of the Oklahoma Medical

Marijuana and Patient Protection Act or rules promulgated by the

Executive Director. If an application is rejected for failure to

provide required information, the applicant shall have thirty (30)

days to submit the required information for reconsideration. Unless

the Authority determines otherwise, an application that has been

resubmitted but is still incomplete or contains errors that are not

clerical or typographical in nature shall be denied.

I. The Executive Director of the Authority may promulgate rules

to implement the provisions of this section.
Okla. Stat. tit. 63, § 63-1-2730 — OK Code / Title 63 / Section 63-1-2730
Short title - Oklahoma Mental Health Loan Repayment
Status: in_force

Act.

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

Health Loan Repayment Act".
Okla. Stat. tit. 63, § 63-1-564 — OK Code / Title 63 / Section 63-1-564
Requirements for licensure - Issuance of temporary
Status: in_force

license.

A. An applicant for licensure as a genetic counselor shall:

1. Submit an application on forms provided by the State

Department of Health;

2. Pay a fee, not to exceed Three Hundred Dollars ($300.00), as

determined by the State Board of Health;

3. Provide satisfactory evidence of having earned:

a. a master's degree from a genetic counseling training

program that is accredited by the American Board of

Genetic Counseling or an equivalent entity as

determined by the ABGC, or

b. a doctoral degree from a medical genetics training

program accredited by the American Board of Medical

Genetics or an equivalent as determined by the ABMG;

and

4. Meet the examination requirement for certification as:

a. a genetic counselor by the ABGC or the ABMG, or

b. a medical geneticist by the ABMG.

B. A temporary license may be issued to an applicant who meets

all of the requirements for licensure except the examination

provided for in paragraph 4 of subsection A of this section.
Okla. Stat. tit. 63, § 63-330.84 — OK Code / Title 63 / Section 63-330.84
Renumbered as § 2451 of this title by Laws 1990, c
Status: in_force

320, § 19, emerg. eff. May 30, 1990.
Okla. Stat. tit. 63, § 63-2-103 — OK Code / Title 63 / Section 63-2-103
Director - Appointment and powers - Agents and reserve
Status: in_force

agents - Custody of sidearms and badges upon death or retirement.

A. The Director shall be appointed by the Oklahoma State Bureau

of Narcotics and Dangerous Drugs Control Commission. The Director

of the Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control on January 1, 1984, shall be initially appointed as

Director. The succeeding Director shall, at the time of the

appointment, have a Bachelor's Degree from an accredited college or

university and at least five (5) years of experience in drug law

enforcement. The Director may appoint necessary assistants, agents,

and other personnel to perform the work of the office and may

prescribe their titles and duties and fix their compensation

pursuant to Merit System rules. The Director may appoint employees

to the positions of Chief of Law Enforcement Information and

Oklahoma Statutes - Title 63. Public Health and Safety Page 890

Technology, Public Information/Education Officer, Training Officer,

Program Administrators, Grants Administrator, Criminal Analysts,

Legal Secretary, and Typist Clerk/Spanish Transcriptionists. The

positions shall be unclassified and exempt from the rules and

procedures of the Office of Management and Enterprise Services,

except leave regulations. The office of the Director shall be

located at a suitable place in Oklahoma City, Oklahoma.

B. 1. Agents appointed by the Director shall have the powers

of peace officers generally; provided, the Director may appoint

special agents and reserve special agents, who shall be unclassified

employees of the state, to meet specific investigatory needs.

Special agents and reserve special agents shall not be required to

meet the age and educational requirements as specified in this

section.

2. Agents appointed on and after November 1, 1998, shall be at

least twenty-one (21) years of age and shall have a Bachelor's

Degree from an accredited college or university.

3. Each entering agent, with the exception of special agents,

shall be required to serve one (1) year in a probationary status as

a prerequisite to being placed on permanent status.

C. Agents appointed pursuant to the provisions of this section

shall have the responsibility of investigating alleged violations

and shall have the authority to arrest those suspected of having

violated the provisions of the Uniform Controlled Dangerous

Substances Act, as well as the crimes of money laundering and human

trafficking, as otherwise set forth by laws of this state.

D. The Director may appoint reserve special agents who shall

not be considered employees of the state and shall serve at the will

of the Director. Reserve special agents shall complete a minimum of

two hundred forty (240) hours of training pursuant to Section 3311

of Title 70 of the Oklahoma Statutes and may not serve more than one

hundred forty (140) hours per calendar month. Upon completion of

training, reserve special agents appointed by the Director shall

have general peace officer powers and the authority to arrest those

suspected of having violated the provisions of the Uniform

Controlled Dangerous Substances Act. The agency may expend funds

related to training and special reserve agents may receive travel

expenses pursuant to the State Travel Reimbursement Act.

E. A commissioned employee of the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control shall be entitled to receive,

upon retirement by reason of length of service, the continued

custody and possession of the sidearm and badge carried by such

employee immediately prior to retirement. In addition to the

sidearm carried by the commissioned employee immediately prior to

retirement, the commissioned employee may purchase the rifle or

shotgun, or both, issued to the commissioned employee immediately

prior to retirement upon approval from the Director. The cost to

Oklahoma Statutes - Title 63. Public Health and Safety Page 891

the commissioned employee of purchasing the firearm shall be the

state-approved firearms vendor trade-in value, and upon payment of

that price, the commissioned employee shall be entitled to ownership

of the firearm. Any records regarding the ownership of each firearm

transferred shall be modified to reflect the transfer to the

commissioned employee. Proceeds from the purchase of the firearm

shall be deposited in the Bureau of Narcotics Revolving Fund

established pursuant to Section 2-107 of this title.

F. A commissioned employee of the Bureau may be entitled to

receive, upon retirement by reason of disability, the continued

custody and possession of the sidearm and badge carried by such

employee immediately prior to retirement upon written approval of

the Director.

G. Custody and possession of the sidearm and badge of a

commissioned employee killed in the line of duty may be awarded by

the Director to the spouse or next of kin of the deceased employee.

H. Custody and possession of the sidearm and badge of a

commissioned employee who dies while employed at the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control may be awarded by

the Director to the spouse or next of kin of the deceased employee.

I. Any Director appointed on or after July 1, 2003, shall be

eligible to participate in either the Oklahoma Public Employees

Retirement System or in the Oklahoma Law Enforcement Retirement

System and shall make an irrevocable election in writing to

participate in one of the two retirement systems.

J. Any employee of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control in a classified position under the Merit

System of the Personnel Administration who is appointed Director,

Deputy Director, Acting Director or Acting Deputy Director shall

have a right to return to the highest previously held classified

position without any loss of rights, privileges or benefits

immediately upon completion of the duties of the employee, provided

the employee is not otherwise disqualified.
Okla. Stat. tit. 63, § 63-1-2014.3 — OK Code / Title 63 / Section 63-1-2014.3
Renumbered as § 2-7-114 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-559.2a — OK Code / Title 63 / Section 63-1-559.2a
Quality Afterschool Opportunities Act to Reduce Childhood Obesity and Improve
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 7Childhood Obesity and Improve Academic Performance.

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

Afterschool Opportunities Act to Reduce Childhood Obesity and

Improve Academic Performance”.
Okla. Stat. tit. 63, § 63-1065 — OK Code / Title 63 / Section 63-1065
Dwellings for disaster victims and defense workers
Status: in_force

Notwithstanding the provisions of this or any other act relating

to rentals of, preferences or eligibility for admission to, or

occupancy of dwellings in housing projects, during a time of war as

declared by Congress an authority determines that there is an acute

need for housing to assure the availability of dwellings for persons

engaged in national defense activities or for victims of a major

disaster at any time the same may occur, the authority may undertake

the development and administration of housing projects for the

federal government, and dwellings in any housing project under the

jurisdiction of the authority may be made available to persons

engaged in national defense activities or to victims of a Major

disaster, as the case may be. An authority is authorized to

contract with the federal government or the state or a state public

body for advance payment or reimbursement for the furnishing of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1321

housing to victims of a major disaster, including the furnishing of

the housing free of charge to needy disaster victims during any

period covered by a determination of acute need by the authority as

herein provided.
Okla. Stat. tit. 63, § 63-1-831 — OK Code / Title 63 / Section 63-1-831
Report or plan of correction
Status: in_force

A. If the violations specified in the notice required by

Section 1-830 of this title have been corrected prior to the date of

filing of a plan of correction, the home may submit a report of

correction in place of a plan of correction as specified in

subsection B of this section. Such report shall be signed by the

administrator or operator.

B. A home shall have ten (10) business days after receipt of

notice of violation in which to prepare and submit a plan of

correction. The plan shall include a fixed time period within which

violations are to be corrected. The Department may grant an

extended period where correction involves substantial capital

improvement. If the Department rejects a plan of correction, it

shall send notice of the rejection and the reason for the rejection

within ten (10) business days of receipt of the plan of correction

to the home. The home shall have ten (10) business days after

receipt of the notice of rejection in which to submit a modified

plan. If the modified plan is not timely submitted, or if the

modified plan is rejected, the home shall follow a directed plan of

correction imposed by the Department which shall be submitted to the

home within thirty (30) days.
Okla. Stat. tit. 63, § 63-2-327 — OK Code / Title 63 / Section 63-2-327
Application of act - Sale or transfer of certain
Status: in_force

nonnarcotic products.

Sections 2-322 through 2-326 of this title shall not apply to

the sale or transfer of a nonnarcotic product that includes a

precursor substance defined in Section 2-322 of this title, if the

product may be sold lawfully with a prescription or over the counter

without a prescription pursuant to the Federal Food, Drug and

Cosmetic Act, 21 U.S.C. Section 301 et seq., or a rule adopted

pursuant thereto. Further, this act shall not apply to common

carriers in the transaction of business as common carriers. This

section shall not create an exemption for any person who has

knowledge that a product sold over the counter is intended to be

used to manufacture amphetamine or methamphetamine.
Okla. Stat. tit. 63, § 63-1-727 — OK Code / Title 63 / Section 63-1-727
Human cloning
Status: in_force

A. As used in this section, the term:

1. "Human cloning" means human asexual reproduction,

accomplished by introducing the nuclear material of a human somatic

cell into a fertilized or unfertilized oocyte whose nucleus has been

removed or inactivated to produce a living organism (at any stage of

development) with a human genetic constitution;

2. "Somatic cell" means a diploid cell (having a complete set

of chromosomes) obtained or derived from a living or deceased human

body at any stage of development;

3. "Nucleus" means the cell structure that houses the

chromosomes, and thus the genes; and

4. "Oocyte" means the female germ cell, the egg.

B. It shall be unlawful for any person or entity, public or

private, to:

1. Perform or attempt to perform human cloning;

2. Participate in an attempt to perform human cloning;

3. Ship, transfer, or receive the product of human cloning for

any purpose; or

4. Import the product of human cloning for any purpose.

C. Nothing in this section shall restrict areas of scientific

research not specifically prohibited by this section, including

research in the use of nuclear transfer or other cloning techniques

to produce molecules, DNA, cells other than human embryos, tissues,

organs, plants, or animals other than humans.

D. Any person or entity that is convicted of violating any

provision of this section shall be guilty of a misdemeanor.
Okla. Stat. tit. 63, § 63-1-1411 — OK Code / Title 63 / Section 63-1-1411
Misbranding of cosmetics
Status: in_force

A cosmetic shall be deemed to be misbranded:

(a) if its labeling is false or misleading in any particular.

(b) if in package form unless it bears a label containing (1)

the name and place of business of the manufacturer, packer, or

distributor; and (2) an accurate statement of the quantity of the

contents in terms of weight, measure, or numerical count; provided

that under clause (2) of this paragraph reasonable variations shall

be permitted, and exemptions as to small packages shall be

established by regulations prescribed by the State Board of Health.

(c) if any word, statement, or other information required by or

under authority of this article to appear on the label or labeling

is not prominently placed thereon with such conspicuousness (as

compared with other words, statements, designs, or devices, in the

labeling) and in such terms as to render it likely to be read and

understood by the ordinary individual under customary conditions of

purchase and use.

(d) if its container is so made, formed, or filled as to be

misleading.
Okla. Stat. tit. 63, § 63-7321 — OK Code / Title 63 / Section 63-7321
Health benefit plans to allow coverage for drugs to treat
Status: in_force

advanced metastatic cancer and associated conditions without proving

step therapy.

A. A health benefit plan that provides coverage for advanced

metastatic cancer and associated conditions may not require, before

the health benefit plan provides coverage of a prescription drug

approved by the United States Food and Drug Administration, that the

enrollee:

1. Fails to successfully respond to a different drug; or

2. Proves a history of failure of a different drug.

B. This section applies only to a drug, the use of which is:

1. Consistent with best practices for the treatment of advanced

metastatic cancer or an associated condition;

2. Supported by peer-reviewed, evidence-based literature; and

3. Approved by the United States Food and Drug Administration.
Okla. Stat. tit. 63, § 63-128.2 — OK Code / Title 63 / Section 63-128.2
Storage of explosives
Status: in_force

Nothing in this part shall be held to apply to persons,

partnerships or corporations who store not to exceed twenty-five

(25) pounds of said explosives, except nitroglycerine, in any one

place at any one time, nor to the manufacturing or storing of drugs:

Provided, however, that for good cause shown, the Chief Mine

Inspector or deputy may issue a permit for temporary storage of any

of said explosives, except nitroglycerine, not exceeding five

hundred (500) pounds.

R.L. 1910, § 6973. Amended by Laws 1995, c. 344, § 21, eff. Nov. 1,

1995. Renumbered from § 125 of this title by Laws 1995, c. 344, §

34, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-3162 — OK Code / Title 63 / Section 63-3162
Brochure and online presentation of rights and
Status: in_force

responsibilities for health care providers – Certification

requirements.

A. The State Board of Medical Licensure and Supervision shall

prepare, and from time to time amend, a brochure to inform health

care providers of their responsibilities and rights under the

specified sections of the Hydration and Nutrition for Incompetent

Patients Act (Sections 3080.2 through 3080.5 of this title), the

Nondiscrimination in Treatment Act (Sections 3090.2 and 3090.3 of

this title), the Oklahoma Advance Directive Act (Section 3101.9 of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1513

this title), the Oklahoma Do-Not-Resuscitate Act (Section 3131.4 of

this title) and the Assisted Suicide Prevention Act (Sections 3141.3

and 3141.4 of this title). The brochure shall include contact

information for officials to whom alleged violations of those

provisions may be reported. The Board shall prepare, from time to

time revise, and make available on the Board's website an online

presentation, which shall be a minimum of one (1) hour in length,

consisting of training on the responsibilities and rights of health

care providers covered by the current brochure. The Board shall

provide for means to verify that a viewer indeed observed the full

online presentation, such as a quiz on its content to be answered at

the end of the presentation or other methods commonly employed in

association with continuing medical education. The Board shall

provide to each viewer who complies with such verification a dated

certification that the viewer completed the online training. The

Board shall make the current brochure and online presentation

available on the Board's website and shall inform all Oklahoma

inpatient health care services entities of their availability and

how to access them online on the Board's website.

B. Inpatient health care services entities shall ensure that

all health care providers and other defined officials associated

with the inpatient health care services entity are provided with a

copy of the current brochure and sign a certification that they have

read the brochure and are familiar with their responsibilities and

rights as set forth therein:

1. Within fourteen (14) days of beginning employment with, of

beginning service on the board of directors of, or of beginning to

provide services to patients at the entity; and

2. At least once during each calendar year.

C. At least once during each consecutive two-calendar-year

period all health care providers and the administrator or chief

executive officer, by whatever title the person serving that

function may be called, associated with an inpatient health care

services entity shall observe the online presentation described in

subsection A of this section. The time required for observation of

this presentation shall count as part of, rather than being in

addition to, continuing education otherwise required for licensed

health care providers. Inpatient health care services entities

shall ensure that all health care providers and other defined

officials associated with the inpatient health care services entity

provide the entity with a copy of each dated certification by the

Board verifying that the provider or official observed the online

presentation described in subsection A of this section in compliance

with this requirement, and shall maintain such copies on file for a

minimum of four (4) calendar years following the calendar year to

which they apply. The files of such copies shall be subject to

Oklahoma Statutes - Title 63. Public Health and Safety Page 1514

inspection under subsection B of Section 1-705, and Sections 1-829

and 1-1911 of this title.

D. The provisions of subsection B of this section shall be

effective at the beginning of the second calendar month after the

month in which the State Board of Medical Licensure and Supervision

publishes the initial brochure required by this section on its

website. The provisions of subsection C of this section shall be

effective beginning with calendar year 2015.

E. The provisions of subsections B and C of this section shall

apply to licensees of the State Board of Osteopathic Examiners and

such licensees shall receive appropriate continuing education

credits.
Okla. Stat. tit. 63, § 63-2220.5 — OK Code / Title 63 / Section 63-2220.5
Driver license or identification applications -
Status: in_force

Voluntary contributions.

A. 1. An applicant for an original or replacement driver

license or identification card shall be given an opportunity to make

a voluntary contribution of One Dollar ($1.00) to be credited to the

Oklahoma Organ Donor Education and Awareness Program Revolving Fund

established in Section 2220.3 of this title. Any voluntary

contribution shall be added to the driver license or identification

card fee and then be referred to the State Treasurer and credited to

the Oklahoma Organ Donor Education and Awareness Program Revolving

Fund as provided in Section 2220.3 of this title.

2. An applicant for a vehicle title or transfer of title or for

a vehicle license plate shall be given an opportunity to make a

minimum voluntary contribution of One Dollar ($1.00) to be credited

to the Oklahoma Organ Donor Education and Awareness Program

Revolving Fund established in Section 2220.3 of this title. Any

voluntary contribution shall be added to the title or license plate

fee and then be referred to the State Treasurer and credited to the

Oklahoma Organ Donor Education and Awareness Program Revolving Fund

as provided in Section 2220.3 of this title.

3. The contribution prescribed in this section is voluntary and

may be refused by the applicant. Service Oklahoma shall make

available an information booklet or other informational sources on

the importance of organ donation to applicants for licensure, as

Oklahoma Statutes - Title 63. Public Health and Safety Page 1385

designed and provided by the State Department of Health and the

State Superintendent of Public Instruction.

B. Service Oklahoma and licensed operators shall inquire of

each applicant at the time of presentation of a completed

application for an original driver license or identification card

whether the applicant is interested in making the One Dollar ($1.00)

contribution prescribed in subsection A of this section and whether

the applicant is interested in being an organ and tissue donor.

Service Oklahoma or licensed operators shall also specifically

inform the applicant of the ability to make an organ and tissue

donation. Service Oklahoma shall notify the State Commissioner of

Health of the name, address, date of birth, and driver license

number or identification card number of applicants who indicate that

they are interested in being an organ donor.

C. The incremental cost of administration of contributions to

the fund, not to exceed one percent (1%) of the monies received

pursuant to the provisions of this section, shall be paid by the

fund to Service Oklahoma from amounts received pursuant to the

provisions of this section before funds are expended for the

purposes of the fund.
Okla. Stat. tit. 63, § 63-1-818.3 — OK Code / Title 63 / Section 63-1-818.3
Renumbered as § 1430.3 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.

Oklahoma Statutes - Title 63. Public Health and Safety Page 466
Okla. Stat. tit. 63, § 63-2161 — OK Code / Title 63 / Section 63-2161
Short title
Status: in_force

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

Exchange Act".
Okla. Stat. tit. 63, § 63-1-105f — OK Code / Title 63 / Section 63-1-105f
Office of Accountability Systems
Status: in_force

A. The Office of Accountability Systems of the State Department

of Health (OAS) shall have the authority to:

1. Coordinate audits and investigations and make reports to the

State Board of Health and State Commissioner of Health within the

State Department of Health and State Health Officer relating to the

administration of programs and operations of the State Department of

Health;

2. Except as otherwise prohibited by current law, access all

records, reports, audits, reviews, documents, papers,

recommendations, or other material which relate to programs and

operations with respect to which the Director of the Office of

Accountability Systems has responsibilities;

Oklahoma Statutes - Title 63. Public Health and Safety Page 72

3. Request assistance from other state, federal and local

government agencies;

4. Issue administrative subpoenas for the production of all

information, documents, reports, answers, records, accounts, papers,

and other data and documentary evidence;

5. Administer to or take from any current or former employee of

the State Department of Health an oath, affirmation, or affidavit;

6. Receive and investigate complaints or information from an

employee of the Department, service recipient or member of the

public concerning the possible existence of an activity within the

State Department of Health constituting a violation of law, rules or

regulations, mismanagement, gross waste of funds, abuse of authority

or a substantial and specific danger to the public health and

safety;

7. Cause to be issued on behalf of OAS credentials, including

an identification card with the State Seal; and

8. Keep confidential all actions and records relating to OAS

complaints.

B. It shall be the duty and responsibility of the Director and

staff of the Office of Accountability Systems to:

1. Keep the State Board of Health and the State Commissioner of

Health fully informed of matters relating to fraud, abuses,

deficiencies and other serious problems of which the Director is

aware relating to the administration of programs and operations

within the State Department of Health. Further, the Director shall

recommend corrective action concerning such matters and report to

the State Board of Health and the State Commissioner of Health on

the progress of the corrective matters, except when such matters

relate to the State Commissioner of Health or the performance of his

or her duties in such capacity. Matters directly involving the

Commissioner may be reported by the Director to the Board without

providing notice to the Commissioner;

2. Report to and be under the direct supervision of the State

Board of Health and shall not be subject to supervision or report to

any other State Department of Health employee. Unless otherwise

instructed by the State Board of Health, staff of the Office of

Accountability Systems and independent contractors performing

internal investigative services for the Office of Accountability

Systems shall be directly supervised by the Director of the Office

of Accountability Systems and not subject to the supervision of or

required to report to any other State Department of Health employee.

Neither the State Commissioner of Health nor any other employee of

the State Department of Health shall prevent, prohibit, or obstruct

the Director from initiating, implementing or completing any

investigation or from issuing any subpoena during the course of an

investigation or audit regarding the State Department of Health; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 73

3. Report expeditiously to the appropriate law enforcement

entity whenever the Director has reasonable grounds to believe that

there has been a felonious violation of state or federal criminal

law.
Okla. Stat. tit. 63, § 63-1-569 — OK Code / Title 63 / Section 63-1-569
Licensure requirements - Rules
Status: in_force

The State Board of Health shall promulgate rules, giving

consideration to the recommendations of the Infant and Children's

Health Advisory Council created in Section 44 of this act,

establishing licensure requirements for genetic counselors. Such

rules shall include, but not be limited to:

1. Policy and budgetary matters related to licensure;

2. Applicant screening, licensing, renewal licensing, license

reinstatement and relicensure;

3. Standards for supervision of students or persons training to

become qualified to obtain a license in genetic counseling;

4. Requirements for maintaining and renewal of a license; and

5. Procedures for reviewing cases of individuals found to be in

violation of the provisions of the Genetic Counseling Licensure Act,

including disciplinary actions when necessary.
Okla. Stat. tit. 63, § 63-687.3 — OK Code / Title 63 / Section 63-687.3
Temporary disaster locations for seat of state
Status: in_force

government.

A. Whenever a disaster makes it imprudent or impossible to

conduct the affairs of state government at its seat in Oklahoma

City, Oklahoma, the Governor may proclaim temporary locations for

the seat of state government at any place he deems advisable, either

inside or outside of the state. The Governor may issue necessary

orders for orderly transition of the affairs of government to any

temporary emergency or man-made disaster location, which remains the

seat of state government until the Legislature establishes a new

location, or until the emergency or man-made disaster is declared

ended by the Legislature and the seat is returned to its normal

location in Oklahoma City, Oklahoma.

B. Any official act or meeting required to be performed at the

seat of state government is valid when performed at a temporary

emergency or man-made disaster location under this section.
Okla. Stat. tit. 63, § 63-1-1511 — OK Code / Title 63 / Section 63-1-1511
Noise control and abatement - Studies
Status: in_force

The State Department of Health is hereby authorized to

encourage, participate in, conduct studies, investigations,

training, research and demonstrations relating to:

1. The control or abatement of noise,

2. The detection and measurement of noise,

3. The effects on health resulting from exposure to noise, and4. The consumer safety and protection aspects of devices and products which may or do produce harmful noise when such device or product is used for its

intended purposes.
Okla. Stat. tit. 63, § 63-1-2557 — OK Code / Title 63 / Section 63-1-2557
Article VIII — Adverse actions
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 852

ARTICLE VIII

Adverse Actions

A. A home state shall have exclusive power to impose adverse

action against an individual's license issued by the home state.

B. If an individual's license in any home state is restricted

or suspended, the individual shall not be eligible to practice in a

remote state under the privilege to practice until the individual's

home state license is restored.

1. All home state adverse action orders shall include a

statement that the individual's compact privileges are inactive.

The order may allow the individual to practice in remote states with

prior written authorization from both the home state and remote

state's EMS authority.

2. An individual currently subject to adverse action in the

home state shall not practice in any remote state without prior

written authorization from both the home state and remote state's

EMS authority.

C. A member state shall report adverse actions and any

occurrences that the individual's compact privileges are restricted,

suspended, or revoked to the Commission in accordance with the rules

of the Commission.

D. A remote state may take adverse action on an individual's

privilege to practice within that state.

E. Any member state may take adverse action against an

individual's privilege to practice in that state based on the

factual findings of another member state, so long as each state

follows its own procedures for imposing such adverse action.

F. A home state's EMS authority shall investigate and take

appropriate action with respect to reported conduct in a remote

state as it would if such conduct had occurred within the home

state. In such cases, the home state's law shall control in

determining the appropriate adverse action.

G. Nothing in this Compact shall override a member state's

decision that participation in an alternative program may be used in

lieu of adverse action and that such participation shall remain

nonpublic if required by the member state's laws. Member states

must require individuals who enter any alternative programs to agree

not to practice in any other member state during the term of the

alternative program without prior authorization from such other

member state.
Okla. Stat. tit. 63, § 63-1-2004.3 — OK Code / Title 63 / Section 63-1-2004.3
Renumbered as § 2-7-109 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-2555 — OK Code / Title 63 / Section 63-1-2555
Article VI — Relationship to Emergency Management
Status: in_force

Assistance Compact.

ARTICLE VI

Relationship to Emergency Management Assistance Compact

Upon a member state's governor's declaration of a state of

emergency or disaster that activates the Emergency Management

Assistance Compact (EMAC), all relevant terms and provisions of EMAC

shall apply, and to the extent any terms or provisions of this

Compact conflicts with EMAC, the terms of EMAC shall prevail with

respect to any individual practicing in the remote state in response

to such declaration.
Okla. Stat. tit. 63, § 63-1-753 — OK Code / Title 63 / Section 63-1-753
Development and distribution of educational and
Status: in_force

informational materials – Community assistance.

Contingent on the availability of funds being appropriated by

the Legislature specifically for this purpose, the State Department

of Health shall:

1. Develop and make available materials designed to provide

accurate, scientifically verifiable information concerning the

probable anatomical and physiological characteristics of the unborn

child at two-week gestational intervals. The Department may utilize

as a resource the material dealing with characteristics of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 436

unborn child created pursuant to Section 1-738.3 of Title 63 of the

Oklahoma Statutes and as located on the website www.awomansright.org

under the link "Characteristics of the Unborn Child";

2. Develop and distribute educational and informational

materials to provide public information through public service

announcements, media and otherwise for the purpose of achieving an

abortion-free society. Such materials shall be developed from the

most readily available, accurate and up-to-date information and

shall clearly and consistently teach that abortion kills a living

human being. All efforts by the Department in this regard shall be

reported annually to the Chair and Vice Chair of the Senate Health

and Human Services Committee and the House Public Health Committee;

3. Provide technical assistance to help community-based

organizations in the planning and implementation of abortion

prevention, alternatives to abortion referral and education programs

regarding the humanity of the unborn child;

4. Provide outreach, consultation, training and alternatives to

abortion referral services to schools, organizations and members of

the community;

5. Distribute educational and informational material concerning

maternal behavior during pregnancy which is helpful to a human child

in utero, including avoidance of tobacco, alcohol and other drugs;

proper nutrition and prenatal vitamins; and utilization of and

resources available for prenatal medical and wellness care; and

6. Recommend to the State Department of Education

scientifically verifiable information concerning the unborn child in

the educational standards of science, family and consumer sciences

and health classes.
Okla. Stat. tit. 63, § 63-3131.3 — OK Code / Title 63 / Section 63-3131.3
Definitions
Status: in_force

As used in the Oklahoma Do-Not-Resuscitate Act:

1. "Attending physician" means a licensed physician who has

primary responsibility for treatment or care of the person. If more

than one physician shares that responsibility, any of those

physicians may act as the attending physician under the provisions

of the Oklahoma Do-Not-Resuscitate Act;

2. "Cardiopulmonary resuscitation" means those measures used to

restore or support cardiac or respiratory function in the event of a

cardiac or respiratory arrest;

3. "Do-not-resuscitate identification" means a standardized

identification necklace, bracelet, or card as set forth in the

Oklahoma Do-Not-Resuscitate Act that signifies that a do-not-

resuscitate consent or order has been executed for the possessor;

4. "Do-not-resuscitate order" means an order issued by a

licensed physician that cardiopulmonary resuscitation should not be

administered to a particular person;

5. "Emergency medical services personnel" means firefighters,

law enforcement officers, emergency medical technicians, paramedics,

or other emergency services personnel, providers, or entities,

acting within the usual course of their professions;

6. "Health care decision" means a decision to give, withhold,

or withdraw informed consent to any type of health care including,

but not limited to, medical and surgical treatments including life-

prolonging interventions, nursing care, hospitalization, treatment

in a nursing home or other extended care facility, home health care,

and the gift or donation of a body organ or tissue;

7. "Health care agency" means an agency established to

administer or provide health care services and which is commonly

known by a wide variety of titles including, but not limited to,

hospitals, medical centers, ambulatory health care facilities,

physicians' offices and clinics, extended care facilities operated

in connection with hospitals, nursing homes, extended care

facilities operated in connection with rehabilitation centers, home

care agencies and hospices;

8. "Health care provider" means any physician, dentist, nurse,

paramedic, psychologist, or other person providing medical, dental,

nursing, psychological, hospice, or other health care services of

any kind;

9. "Incapacity" means the inability, because of physical or

mental impairment, to appreciate the nature and implications of a

health care decision, to make an informed choice regarding the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1500

alternatives presented, and to communicate that choice in an

unambiguous manner; and

10. "Representative" means an attorney-in-fact for health care

decisions acting pursuant to the Oklahoma Health Care Agent Act, a

health care proxy acting pursuant to the Oklahoma Advance Directive

Act, or a guardian of the person appointed under the Oklahoma

Guardianship and Conservatorship Act.
Okla. Stat. tit. 63, § 63-132 — OK Code / Title 63 / Section 63-132
Penalty for violations - Civil liability
Status: in_force

Any grocer, druggist, or other person who shall be convicted of

a violation of the provisions of the preceding section, shall be

deemed guilty of a misdemeanor and shall be fined not less than Ten

Dollars ($10.00) nor more than Fifty Dollars ($50.00), and shall in

addition thereto be liable in damages in civil suit for any damage

resulting from a violation of the preceding section.
Okla. Stat. tit. 63, § 63-1-1990.13 — OK Code / Title 63 / Section 63-1-1990.13
Alert information
Status: in_force

A Kasey Alert shall include:

1. All appropriate information provided by a law enforcement

agency that may lead to the safe recovery of the critically missing

adult; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 802

2. A statement instructing any person with information related

to a missing Native American or Indigenous person to contact law

enforcement or tribal authorities.
Okla. Stat. tit. 63, § 63-3207 — OK Code / Title 63 / Section 63-3207
University Hospitals Authority - Creation - Powers and
Status: in_force

authority - Status - Membership - Terms of office - Qualifications -

Removal of member - Vacancies - Compensation and expenses - Quorum -

Other laws.

A. There is hereby created the University Hospitals Authority,

an agency of the State of Oklahoma, a body corporate and politic,

with powers of government and with the authority to exercise the

rights, privileges and functions as specified in the University

Hospitals Authority Act. The University Hospitals Authority is an

agency of the State of Oklahoma covered by the Governmental Tort

Claims Act.

B. The Authority shall consist of six (6) members as follows:

1. One member shall be appointed by the Governor, with the

advice and consent of the Senate;

2. One member shall be appointed by the President Pro Tempore

of the Senate;

3. One member shall be appointed by the Speaker of the House of

Representatives;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1521

4. One member shall be the Administrator of the Oklahoma Health

Care Authority, or his or her designee;

5. One member shall be the Provost of the University of

Oklahoma Health Sciences Center; and

6. The Chief Executive Officer of the University Hospitals

Authority who shall be an ex officio, nonvoting member.

C. Each member of the Authority, prior to appointment, shall be

a resident of the state and a qualified elector.

D. Each appointed member shall serve at the pleasure of his or

her appointing authority and be removed or replaced without cause.

Members serving on November 1, 2019, shall continue serving unless

and until another appointment is made by the appointing authority.

Any vacancy occurring on the Authority shall be filled by the

original appointing authority.

E. The members of the Authority shall serve without

compensation but may be reimbursed for all actual and necessary

travel expenses incurred in performance of their duties in

accordance with the provisions of the State Travel Reimbursement

Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.

F. All members of the Authority and administrative personnel of

the Authority shall be subject to the Rules of the Ethics Commission

and the provisions of the Oklahoma Ethics Commission Act, Section

4200 et seq. of Title 74 of the Oklahoma Statutes.

G. A quorum of the Authority shall be three (3) voting members.

Members shall elect a chair and vice chair for the Authority from

among its members. The chair must be an appointed member of the

Authority.

H. The Authority shall be subject to the Open Meeting Act,

Section 301 et seq. of Title 25 of the Oklahoma Statutes, and the

Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma

Statutes, except as otherwise provided by this act. Any information

submitted to or compiled by the Authority except for budgetary

information related to appropriations or the appropriations process

with respect to the marketing plans, financial statements, trade

secrets, research concepts, methods or products, or any other

proprietary information of the Authority, persons, firms,

associations, partnerships, agencies, corporations, institutions of

higher education, nonprofit research institutions or other entities

shall be confidential, except to the extent that the person or

entity which provided such information or which is the subject of

such information consents to disclosure. Executive sessions may be

held to discuss such materials if deemed necessary by the Authority.Terms of office - Qualifications - Removal of member - Vacancies - Compensation and expenses -
Okla. Stat. tit. 63, § 63-3131.6 — OK Code / Title 63 / Section 63-3131.6
Compliance required
Status: in_force

Health care providers shall, when presented with the original or

copy of any do-not-resuscitate consent form created as provided

under Section 5 of this act, take appropriate actions to comply with

the do-not-resuscitate request.
Okla. Stat. tit. 63, § 63-1-215 — OK Code / Title 63 / Section 63-1-215
Duties of director of city-county health department
Status: in_force

The director of the city-county health department shall direct

and supervise all public health activities in the county, except in

Oklahoma Statutes - Title 63. Public Health and Safety Page 112

incorporated cities and towns which are not governed by the

provisions of Sections 210 to 218 of this article, and which have

not entered into any agreement for the operation of the health

department of such city or town. Such director shall administer and

enforce all municipal and county ordinances and rules relating to

public health matters, and he shall also administer state laws, and

rules of the State Board of Health pertaining to public health,

subject to administrative supervision of the State Commissioner of

Health. Any other powers, authority, duties or functions which are

now or may hereafter be conferred by law on county or city

superintendents of public health are hereby conferred on such

director of the city-county health department.
Okla. Stat. tit. 63, § 63-1-1956.1 — OK Code / Title 63 / Section 63-1-1956.1
Definitions
Status: in_force

As used in Section 1-1953.1 et seq. of this title:

1. "Assisted living center" shall have the same meaning as

provided by Section 1-890.2 of this title;

2. "Authorized electronic monitoring" means the placement of

electronic monitoring devices in the common areas or room of a

resident of a nursing facility, assisted living center or continuum

of care facility and the tapes or recordings from such devices

pursuant to the provisions of Section 1-1953.1 et seq. of this

title;

3. "Authorized electronic monitoring devices" means:

a. video surveillance cameras installed in the common

areas or resident's room under the provisions of

Section 1-1953.1 et seq. of this title, or

b. audio devices installed in the room of a resident

under the provisions of Section 1-1953.1 et seq. of

this title that are designed to acquire communications

or other sounds occurring in the room;

4. "Continuum of care facility" shall have the same meaning as

provided by Section 1-890.2 of this title;

5. "Nursing facility" means the term as defined in Section 1-

1902 of Title 63 of the Oklahoma Statutes;

6. "Representative of a resident" means a court-appointed

guardian or, if there is no court-appointed guardian, the parent of

a minor, a relative or other person, designated in writing by the

resident; provided, that any owner, operator, administrator or

employee of a facility subject to the provisions of the Nursing Home

Care Act, the Continuum of Care and Assisted Living Act, the

Residential Care Act or the Group Homes for the Developmentally

Disabled or Physically Handicapped Persons Act shall not be

appointed guardian or limited guardian of a resident of the nursing

facility, assisted living center or continuum of care facility

unless the owner, operator, administrator or employee is the spouse

of the resident or a relative of the resident within the second

degree of consanguinity and is otherwise eligible for appointment;

Oklahoma Statutes - Title 63. Public Health and Safety Page 777

7. "Resident" means a person residing in a nursing facility,

assisted living center or continuum of care facility; and

8. "Unauthorized electronic monitoring" means electronic,

mechanical, or other devices that do not meet the provisions of

Section 1-1953.1 et seq. of this title and that are specifically

used for the nonconsensual interception of wire or electronic

communications.
Okla. Stat. tit. 63, § 63-1-857.1 — OK Code / Title 63 / Section 63-1-857.1
Rules and regulations - Oaths - Reports
Status: in_force

A. The State Board of Health shall promulgate such rules as are

necessary to implement the provisions of the Long-term Care

Certificate of Need Act and meet the requirements of federal

regulations. The State Department of Health may administer oaths at

any hearing or investigation conducted pursuant to the Long-term

Care Certificate of Need Act, and receive federal grant or contract

funds by complying with the requirements therefor.

B. The Department shall post on the Department’s Internet site

a monthly report which shall include the status of each review

currently being conducted, the reviews completed since the last

report issued, and a general statement of the findings and decisions

made in the course of these reviews.
Okla. Stat. tit. 63, § 63-1-1107 — OK Code / Title 63 / Section 63-1-1107
Discretion in prosecution
Status: in_force

Nothing in this article shall be construed as requiring the

State Commissioner of Health to report, for the institution of

proceedings under this article, minor violations, whenever the

Commissioner believes that the public interest will be adequately

served in the circumstances by a suitable written notice or warning.
Okla. Stat. tit. 63, § 63-986 — OK Code / Title 63 / Section 63-986
Temporary clearance of lines - Costs
Status: in_force

When any person, firm or corporation desires to temporarily

carry on any function, activity, work or operation in closer

proximity to any high-voltage line or conductor than permitted by

Oklahoma Statutes - Title 63. Public Health and Safety Page 1304

this act, the person or persons responsible for the work to be done

shall promptly notify the operator of the high-voltage conductors of

the work to be performed and make appropriate arrangements with the

operator of the high-voltage conductors for temporary mechanical

barriers, temporary deenergization and grounding of the conductors,

or temporarily raising of the conductors before proceeding with any

work which would impair the clearances required by this act.

The actual costs incurred by any operator of high-voltage

conductors in providing clearances as above set out shall be paid by

the persons, firms or corporations requesting the operator of the

high-voltage conductors to provide said temporary clearances. Unless

and until arrangements satisfactory to the operator of the high-

voltage conductors for such payment have been made, such operator

shall be under no duty to provide clearances as set out herein.
Okla. Stat. tit. 63, § 63-1-818.35 — OK Code / Title 63 / Section 63-1-818.35
Renumbered as § 1430.35 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-686.13 — OK Code / Title 63 / Section 63-686.13
Privileges and immunities - Compensation and
Status: in_force

allowances.

When an emergency interim successor exercises the powers and

assumes the duties of a legislator, the emergency interim successor

shall be accorded the privileges and immunities, compensation,

allowances and other perquisites of office to which a legislator is

entitled. In the event of an emergency or disaster, each emergency

interim successor, whether or not called upon to exercise the powers

and assume the duties of a legislator, shall be accorded the

privileges and immunities of a legislator while traveling to and

from a place of session and shall be compensated for travel in the

same manner and amount as a legislator. This section shall not in

any way affect the privileges, immunities, compensation, allowances

or other perquisites of office of an incumbent legislator.
Okla. Stat. tit. 63, § 63-7200.2 — OK Code / Title 63 / Section 63-7200.2
Legislative findings
Status: in_force

The Oklahoma Legislature hereby finds that:

1. There is a growing need for sleep diagnostic testing in the

diagnosis and treatment of sleep disorders;

2. Sleep diagnostic testing is being performed in Oklahoma; and

3. Oklahoma law does not provide sufficient regulation of sleep

diagnostic testing to assure the protection of the public.

Therefore, there is a need to provide legislation to enable the

appropriate entities to regulate persons performing sleep diagnostic

testing on the citizens of this state.
Okla. Stat. tit. 63, § 63-1-729.2 — OK Code / Title 63 / Section 63-1-729.2
Violation of act - Penalties
Status: in_force

Any person who knowingly or recklessly violates this act shall

be guilty of a felony. No penalty may be assessed against the

female upon whom the abortion is performed or induced or attempted

to be performed or induced.
Okla. Stat. tit. 63, § 63-3272 — OK Code / Title 63 / Section 63-3272
Definitions
Status: in_force

As used in the Oklahoma State University Medical Authority Act:

1. “Graduate Medical Education” or “GME” means educational

programs meeting the guidelines of the American Osteopathic

Association offered as an extension of the Oklahoma State University

Center for Health Sciences, College of Osteopathic Medicine in

cooperation with a hospital or other healthcare provider;

2. “Hospital” means a hospital as such term is defined by

Section 1-701 of Title 63 of the Oklahoma Statutes and facilities

within the definition of “ambulatory surgical center” as defined in

Section 2657 of Title 63 of the Oklahoma Statutes;

3. “Patient” means an individual receiving care from an

Oklahoma State University Center for Health Sciences intern,

resident or full or part-time physician trainer;

4. “Declaration of necessity” means an official action of the

Oklahoma State University Medical Authority to fulfill the terms of

an Academic Affiliation or other agreement or to provide facilities,

financing or any other general support to enhance the stability,

quality or otherwise furtherance of the graduate medical education

Oklahoma Statutes - Title 63. Public Health and Safety Page 1578

programs of the Oklahoma State University Center for Health

Sciences; and

5. “Academic Affiliation Agreement” means an agreement between

the Oklahoma State University Center for Health Sciences and an

entity providing facilities, equipment and support for the graduate

medical education programs of the Oklahoma State University Center

for Health Sciences.
Okla. Stat. tit. 63, § 63-2416 — OK Code / Title 63 / Section 63-2416
Short title
Status: in_force

This act shall be known and may be cited as the

"Telecommunications for the Deaf and Hard-of-Hearing Act".
Okla. Stat. tit. 63, § 63-1-1946 — OK Code / Title 63 / Section 63-1-1946
Notification of sex or violent offender status
Status: in_force

A. 1. The Department of Corrections shall immediately notify

the State Department of Health of any person who is registered

pursuant to the Sex Offenders Registration Act or any person who is

registered pursuant to the Mary Rippy Violent Crime Offenders

Registration Act who is seeking placement from a Department of

Corrections facility to any long-term care facility in this state.

Upon receipt of such notification, the State Department of Health

shall notify the long-term care facility in which the sex offender

is seeking placement.

2. The State Board of Health shall promulgate rules requiring

long-term care facilities to determine from the local law

enforcement authority or the Department of Corrections the

registration status of the following individuals who are required to

register pursuant to the Sex Offenders Registration Act or the Mary

Rippy Violent Crime Offenders Registration Act:

a. an applicant for admission to a long-term care

facility,

b. a resident of a long-term care facility, and

c. an employee of a long-term care facility.

3. Once a long-term care facility is notified that an

individual who is required to register pursuant to the Sex Offenders

Registration Act or the Mary Rippy Violent Crime Offenders

Registration Act is residing at such facility, the facility shall

immediately in writing notify the State Department of Health.

B. Upon the effective date of this act, when the Department of

Corrections knows of an offender who is required to register

pursuant to the Sex Offenders Registration Act or the Mary Rippy

Violent Crime Offenders Registration Act is being released from

Department of Corrections jurisdiction, the Department of

Corrections shall immediately notify the State Department of Health.
Okla. Stat. tit. 63, § 63-1-1953.5 — OK Code / Title 63 / Section 63-1-1953.5
Renumbered as § 1-1956.5 of this title by Laws 2020,
Status: in_force

c. 39, § 11, eff. Nov. 1, 2020.
Okla. Stat. tit. 63, § 63-1-1991 — OK Code / Title 63 / Section 63-1-1991
Training for Alzheimer's and dementia care
Status: in_force

A. The State Board of Health shall promulgate rules that

require all medical and direct care staff of nursing and specialized

facilities, adult day care centers, assisted living centers and home

health agencies licensed by the State Department of Health to

complete, at a minimum, one (1) hour of in-service training per year

in Alzheimer's- and dementia-related care.

B. The curricula for the training shall include, but not be

limited to, learning ways to decode behavior messages, identifying

common behavioral triggers and determining the types of positive

communication that can take place between persons with Alzheimer's

disease and professional caregivers.

C. The Board shall also promulgate rules establishing

appropriate training requirements for support staff working in the

facilities listed in subsection A of this section who do not provide

direct care for patients.
Okla. Stat. tit. 63, § 63-1-745.1 — OK Code / Title 63 / Section 63-1-745.1
Pain-Capable Unborn Child Protection Act
Status: in_force

This act shall be known and may be cited as the "Pain-Capable

Unborn Child Protection Act".
Okla. Stat. tit. 63, § 63-1-1949.5 — OK Code / Title 63 / Section 63-1-1949.5
Long-Term Care Administrator Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the State Department of Health to be designated the “Long-Term

Care Administrator Revolving Fund”. The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

such sources of income as are provided by law. All monies accruing

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

budgeted and expended by the Department to carry out the duties

established by this act. Expenditures from the fund shall be made

upon warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 63, § 63-427.7 — OK Code / Title 63 / Section 63-427.7
Registry of patients and caregivers
Status: in_force

A. The Oklahoma Medical Marijuana Authority shall create a

medical marijuana use registry of patients and caregivers as

provided under this section. The handling of any records maintained

in the registry shall comply with all applicable state and federal

privacy laws.

B. The medical marijuana use registry shall be accessible to:

1. Oklahoma-licensed medical marijuana dispensaries to verify

the license of a patient or caregiver by the twelve-character

identifier and PDF417 barcode; and

2. Any court in this state.

C. All other records regarding a medical marijuana patient or

caregiver licensee shall be maintained by the Authority and shall be

deemed confidential. The handling of any records maintained by the

Authority shall comply with all applicable state and federal privacy

Oklahoma Statutes - Title 63. Public Health and Safety Page 1144

laws. Such records shall be marked as confidential, shall not be

made available to the public, and shall only be made available to

the licensee, designee of the licensee, any physician of the

licensee or the caregiver of the licensee.

D. A log shall be kept with the file of the licensee to record

any event in which the records of the licensee were made available

and to whom the records were provided.

E. The Authority shall ensure that all medical marijuana

patient and caregiver records and information are sealed to protect

the privacy of medical marijuana patient license applicants and

licensees.

F. This act shall be in force for any new or replacement

medical marijuana patient licenses issued after the effective date

of this act.
Okla. Stat. tit. 63, § 63-3242.4 — OK Code / Title 63 / Section 63-3242.4
Ambulance Service Provider Access Payment Program Fund
Status: in_force

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

fund to be designated the "Ambulance Service Provider Access Payment

Program Fund".

B. The fund shall be a continuing fund, not subject to fiscal

year limitations, be interest bearing and consist of:

1. All monies received by the Oklahoma Health Care Authority

from ambulance services pursuant to the Ambulance Service Provider

Access Payment Program Act and otherwise specified or authorized by

law;

2. Any interest or penalties levied and collected in

conjunction with the administration of this section; and

3. All interest attributable to investment of money in the

fund.

C. 1. The Authority shall send a notice of assessment to each

ambulance service provider informing the ambulance service provider

of the assessment rate, the ambulance service provider's net

operating revenue calculation, and the assessment amount owed by the

ambulance service provider for the applicable year.

2. Annual notices of assessment shall be sent at least thirty

(30) days before the due date for the first quarterly assessment

payment of each year.

3. The first notice of assessment shall be sent within forty-

five (45) days after receipt by the Authority of notification from

the Centers for Medicare and Medicaid Services that assessments and

payments required under the Ambulance Service Provider Access

Payment Program Act and, if necessary, the waiver granted under 42

C.F.R., Section 433.68 have been approved.

4. The ambulance service provider shall have thirty (30) days

from the date of its receipt of a notice of assessment to review and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1565

verify the assessment rate, the ambulance service provider's net

operating revenue calculation and the assessment amount.

D. 1. The annual assessment imposed under Section 3 of this

act shall be due and payable on a quarterly basis. However, the

first installment payment of an assessment imposed by the Ambulance

Service Provider Access Payment Program Act shall not be due and

payable until:

a. the Authority issues written notice stating that the

assessment and payment methodologies required under

the Ambulance Service Provider Access Payment Program

Act have been approved by the Centers for Medicare and

Medicaid Services and the waiver under 42 C.F.R.,

Section 433.68, if necessary, has been granted by the

Centers for Medicare and Medicaid Services,

b. the thirty-day verification period required by

paragraph 4 of subsection C of this section has

expired, and

c. the Authority issues a notice giving a due date for

the first payment.

2. After the initial installment of an annual assessment has

been paid under this section, each subsequent quarterly installment

payment shall be due and payable by the fifteenth day of the first

month of the applicable quarter.

3. If an ambulance service provider fails to timely pay the

full amount of a quarterly assessment, the Authority shall add to

the assessment:

a. a penalty assessment equal to five percent (5%) of the

quarterly amount not paid on or before the due date,

and

b. on the last day of each quarter after the due date

until the assessed amount and the penalty imposed

under subparagraph a of this paragraph are paid in

full, an additional five-percent penalty assessment on

any unpaid quarterly and unpaid penalty assessment

amounts.

4. The quarterly assessment including applicable penalties must

be paid regardless of any appeals action requested by the ambulance

provider. If a provider fails to pay the Authority the assessment

within the time frames noted on the invoice to the provider, the

assessment and applicable penalty shall be deducted from the

provider's payment. Any change in payment amount resulting from an

appeals decision will be adjusted in future payments.

5. An ambulance service provider subject to the assessment

under the Ambulance Service Provider Access Payment Program Act that

has not been previously licensed as an ambulance service in Oklahoma

and that commences operations during a year shall pay the required

assessment computed under Section 3 of this act and shall be

Oklahoma Statutes - Title 63. Public Health and Safety Page 1566

eligible for ambulance service provider access payments under this

section on the date specified in the rules promulgated by the

Authority after consideration of input and recommendations of the

Oklahoma Ambulance Alliance.

E. 1. To preserve the quality and improve access to ambulance

services rendered on or after the effective date of this act, the

Authority shall make ambulance service provider access payments as

set forth in this section.

2. The Authority shall pay all quarterly ambulance service

provider access payments within ten (10) calendar days of the due

date for quarterly assessment payments established in subsection D

of this section.

3. The Authority shall calculate the ambulance service provider

access payment amount as the balance of the Ambulance Service

Provider Access Payment Program Fund plus any federal matching funds

earned on the balance up to, but not to exceed, the upper payment

limit gap for all ambulance service providers.

4. All ambulance service providers shall be eligible for

ambulance service provider access payments each year as set forth in

this subsection except ambulance services excluded or exempted in

subsection B of Section 3 of this act.

5. Access payments shall be made on a quarterly basis.

6. Ambulance service provider access payments shall not be used

to offset any other payment by Medicaid for services to Medicaid

beneficiaries.

7. If the Centers for Medicare and Medicaid Services finds that

the Authority has made payments to ambulance service providers that

exceed the upper payment limits, ambulance service providers shall

refund to the Authority a share of the recouped federal funds that

is proportionate to the ambulance services' contribution to the

upper payment limit.

F. 1. All monies accruing to the credit of the Ambulance

Service Provider Access Payment Program Fund are hereby appropriated

and shall be budgeted and expended by the Authority after

consideration of the input and recommendation of the Alliance.

2. Monies in the Ambulance Service Provider Access Payment

Program Fund shall be used only for:

a. transfers to the Medical Payments Cash Management

Improvement Act Programs Disbursing Fund for the state

share of ambulance service provider access payments

for ambulance service providers that participate in

the assessment,

b. transfers to the Administrative Revolving Fund for the

state share of payment of administrative expenses

incurred by the Authority or its agents and employees

in performing the activities authorized by the

Ambulance Service Provider Access Payment Program Act

Oklahoma Statutes - Title 63. Public Health and Safety Page 1567

but not more than Two Hundred Thousand Dollars

($200,000.00) each year, and

c. the reimbursement of monies collected by the Authority

from ambulance services through error or mistake in

performing the activities authorized under the

Ambulance Service Provider Access Payment Program Act.

3. The Authority shall pay from the Ambulance Service Provider

Access Payment Program Fund quarterly installment payments to

ambulance service providers of amounts available for ambulance

service provider access payments.

4. Monies in the Ambulance Service Provider Access Payment

Program Fund shall not be used to replace other general revenues

appropriated and funded by the Legislature or other revenues used to

support Medicaid.

5. The Ambulance Service Provider Access Payment Program Fund

and the program specified in the Ambulance Service Provider Access

Payment Program Act are exempt from budgetary reductions or

eliminations caused by the lack of general revenue funds or other

funds designated for or appropriated to the Authority.

6. No ambulance service provider shall be guaranteed, expressly

or otherwise, that any additional costs reimbursed to the provider

will equal or exceed the amount of the ambulance service provider

access payment program fee paid by the ambulance service.

G. After considering input and recommendations from the

Alliance, the Oklahoma Health Care Authority Board shall promulgate

rules that:

1. Allow for an appeal of the annual assessment of the

Ambulance Service Provider Access Payment Program payable under this

act; and

2. Allow for an appeal of an assessment of any fees or

penalties determined.
Okla. Stat. tit. 63, § 63-933 — OK Code / Title 63 / Section 63-933
Office of Chief Medical Examiner
Status: in_force

The Office of the Chief Medical Examiner of the State of

Oklahoma is hereby established to be operated under the control and

supervision of the Board. The Office shall be directed by the Chief

Medical Examiner, and the Chief Medical Examiner may employ such

other staff members as the Board shall specify.
Okla. Stat. tit. 63, § 63-2-802 — OK Code / Title 63 / Section 63-2-802
Clinical trials using cannabidiol – Principal
Status: in_force

investigators.

A. A statewide investigational new drug application may be

established in this state, if approved by the United States Food and

Drug Administration, to conduct clinical trials using cannabidiol on

qualifying patients with severe forms of epilepsy.

B. Any physician licensed by the State Board of Medical

Licensure and Supervision or the State Board of Osteopathic

Examiners, practicing in this state, and treating patients with

severe forms of epilepsy may serve as the principal investigator for

such clinical trials if such physician:

1. Applies to and is approved by the United States Food and

Drug Administration as the principal investigator in a statewide

investigational new drug application;

2. Receives a license from the United States Drug Enforcement

Administration; and

3. Receives a registration from the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control.

C. Such physician, acting as principal investigator, may

include subinvestigators who are also board certified, practice in

an academic medical center in this state, and treat patients with

severe forms of epilepsy. Such subinvestigators shall be required

to comply with the licensing requirement provided in paragraphs 2

and 3 of subsection B of this section.

D. The principal investigator and all subinvestigators shall

adhere to the rules and regulations established by the relevant

institutional review board for each participating academic medical

center and by the United States Food and Drug Administration, the

United States Drug Enforcement Administration, the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control, and the National

Institute on Drug Abuse.

E. Nothing in this section shall be construed to prohibit a

physician licensed in Oklahoma from applying for Investigational New

Drug authorization from the United States Food and Drug

Administration.

F. The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control shall have the authority to inspect and test samples of

cannabidiol used in this state pursuant to the provisions of this

act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1051
Okla. Stat. tit. 63, § 63-2-410 — OK Code / Title 63 / Section 63-2-410
Conditional release for first offense - Effect of
Status: in_force

expungement - Persons not covered by section.

A. Whenever any person who has not previously been convicted of

any offense under this act or under any statute of the United States

or of any state relating to narcotic drugs, marijuana, or stimulant,

depressant, or hallucinogenic drugs, pleads guilty or nolo

contendere to or is found guilty of a violation of the Uniform

Controlled Dangerous Substances Act, the court may, unless otherwise

prohibited by law, without entering a judgment of guilt and with the

consent of such person, defer further proceedings and place the

person on probation upon such reasonable terms and conditions as it

may require including the requirement that such person cooperate in

a treatment and rehabilitation program of a state-supported or

state-approved facility, if available. Upon violation of a term or

condition, the court may enter an adjudication of guilt and proceed

as otherwise provided. Upon fulfillment of the terms and

Oklahoma Statutes - Title 63. Public Health and Safety Page 997

conditions, the court shall discharge such person and dismiss the

proceedings against the person. Discharge and dismissal under this

section shall be without court adjudication of guilt and shall not

be deemed a conviction for purposes of this section or for purposes

of disqualifications or disabilities imposed by law upon conviction

of a crime. Discharge and dismissal under this section may occur

only once with respect to any person.

B. Any expunged arrest or conviction shall not thereafter be

regarded as an arrest or conviction for purposes of employment,

civil rights, or any statute, regulation, license, questionnaire or

any other public or private purpose; provided, that, any plea of

guilty or nolo contendere or finding of guilt to a violation of the

Uniform Controlled Dangerous Substances Act shall constitute a

conviction of the offense for the purpose of the Uniform Controlled

Dangerous Substances Act or any other criminal statute under which

the existence of a prior conviction is relevant for a period of ten

(10) years following the completion of any court imposed

probationary term; provided, the person has not, in the meantime,

been convicted of a misdemeanor involving moral turpitude or a

felony. Records expunged pursuant to this section shall be sealed

to the public but not to law enforcement agencies for law

enforcement purposes. Records expunged pursuant to this section

shall be admissible in any subsequent criminal prosecution to prove

the existence of a prior conviction or prior deferred judgment

without the necessity of a court order requesting the unsealing of

such records.

C. The provisions of this section shall not apply to any person

who pleads guilty or nolo contendere to or is found guilty of a

violation of the Trafficking in Illegal Drugs Act or the Drug Money

Laundering and Wire Transmitter Act.
Okla. Stat. tit. 63, § 63-124.2 — OK Code / Title 63 / Section 63-124.2
Federal rules or regulations to govern
Status: in_force

Any rule or regulation promulgated by a duly authorized federal

department, bureau, or agency shall supersede any rule promulgated

under this division.
Okla. Stat. tit. 63, § 63-1-550.1 — OK Code / Title 63 / Section 63-1-550.1
Definitions
Status: in_force

As used in this act:

1. "Birth defect" means any physical or chemical abnormality

present at birth;

2. "Commissioner" means the Commissioner of Health;

3. "Department" means the Oklahoma State Department of Health;

4. "ICD diagnostic code categories" means the International

Classification of Diseases which assigns numbers to each of the

congenital anomalies and poor reproductive outcomes; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 242

5. "Poor reproductive outcomes" includes but is not limited to

stillbirths and miscarriages.
Okla. Stat. tit. 63, § 63-1-1414 — OK Code / Title 63 / Section 63-1-1414
Inspections
Status: in_force

The State Commissioner of Health or his duly-authorized agent

shall have free access at all reasonable hours to any factor,

warehouse, or establishment in which drugs, devices, or cosmetics

are manufactured, processed, packed, or held for introduction into

commerce, or to enter any vehicle being used to transport or hold

such drugs, devices, or cosmetics in commerce, for the purpose: (1)

of inspecting such factory, warehouse, establishment, or vehicle to

determine if any of the provisions of this article are being

violated, and (2) to secure samples or specimens of any drug,

device, or cosmetic after paying or offering to pay for such sample.

It shall be the duty of the Commissioner to make or cause to be made

examination of samples secured under the provisions of this section

to determine whether or not any provision of this article is being

violated.
Okla. Stat. tit. 63, § 63-3242.1 — OK Code / Title 63 / Section 63-3242.1
Short title - Ambulance Service Provider Access Payment
Status: in_force

Program Act.

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

Service Provider Access Payment Program Act".
Okla. Stat. tit. 63, § 63-1-1962b — OK Code / Title 63 / Section 63-1-1962b
Eligibility certification and oversight by healthcare
Status: in_force

provider.

Eligibility of a patient for home care services shall be

certified by a healthcare provider, and care of the patient shall be

overseen by the healthcare provider. This section is retroactive

and shall apply to any eligibility certification conducted on or

after March 27, 2020.
Okla. Stat. tit. 63, § 63-1-818.33 — OK Code / Title 63 / Section 63-1-818.33
Renumbered as § 1430.33 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1075 — OK Code / Title 63 / Section 63-1075
Exemption of property from execution sale
Status: in_force

All property, including funds acquired or held by an authority

pursuant to this act, shall be exempt from levy and sale by virtue

of an execution, and no execution or other judicial process shall

issue against the same nor shall any judgment against the authority

be a charge or lien upon such property; provided, however, that the

provisions of this section shall not apply to or limit the right of

obligees to pursue any remedies for the enforcement of any pledge or

lien given by the authority on its rents, fees, or revenues, or the

right of the federal government to pursue any remedies conferred

upon it pursuant to the provisions of this act. An authority may

waive its exemption hereunder with respect to claims against any

Oklahoma Statutes - Title 63. Public Health and Safety Page 1327

profit-making enterprise occupying any portion of a project provided

that such waiver does not affect or impair the rights of any obligee

of the authority.
Okla. Stat. tit. 63, § 63-1-818.1 — OK Code / Title 63 / Section 63-1-818.1
Renumbered as § 1430.1 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-728b — OK Code / Title 63 / Section 63-1-728b
Definitions
Status: in_force

As used in the Freedom of Conscience Act:

1. "Health care facility" means any public or private

organization, corporation, authority, partnership, sole

proprietorship, association, agency, network, joint venture, or

other entity that is involved in providing health care services,

including a hospital, clinic, medical center, ambulatory surgical

center, private physician's office, pharmacy, nursing home,

university hospital, medical school, nursing school, medical

training facility, inpatient health care facility, or other place

where health care services are provided;

2. "Human embryo" means a human organism that is derived by

fertilization, parthenogenesis, cloning, or any other means from one

or more human gametes or human diploid cells;

3. "In vitro human embryo" means a human embryo, whether

cryopreserved or not, living outside of a woman's body;

4. "Participate in" means to perform, practice, engage in,

assist in, recommend, counsel in favor of, make referrals for,

prescribe, dispense, or administer drugs or devices or otherwise

promote or encourage; and

5. "Person" means any individual, corporation, industry, firm,

partnership, association, venture, trust, institution, federal,

state or local governmental instrumentality, agency or body or any

other legal entity however organized.

Oklahoma Statutes - Title 63. Public Health and Safety Page 295
Okla. Stat. tit. 63, § 63-1-1301.4 — OK Code / Title 63 / Section 63-1-1301.4
Renumbered as § 7-404 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-2801 — OK Code / Title 63 / Section 63-2801
Short title
Status: in_force

This act shall be known as the Oklahoma Emergency Telephone Act.
Okla. Stat. tit. 63, § 63-1-745.32 — OK Code / Title 63 / Section 63-1-745.32
Definitions
Status: in_force

As used in this act:

1. "Fetal heartbeat" means cardiac activity or the steady and

repetitive rhythmic contraction of the fetal heart within the

gestational sac;

2. "Gestational age" means the amount of time that has elapsed

from the first day of a woman's last menstrual period;

3. "Gestational sac" means the structure comprising the

extraembryonic membranes that envelop the unborn child and that is

typically visible by ultrasound after the fourth week of pregnancy;

4. "Physician" means an individual licensed to practice

medicine in this state including a medical doctor and a doctor of

osteopathic medicine;

5. "Pregnancy" means the human female reproductive condition

that:

a. begins with fertilization,

b. occurs when the woman is carrying the developing human

offspring, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 402

c. is calculated from the first day of the woman's last

menstrual period;

6. "Standard medical practice" means the degree of skill, care,

and diligence that an obstetrician of ordinary judgment, learning,

and skill would employ in like circumstances;

7. "Unborn child" means a human fetus or embryo in any stage of

gestation from fertilization until birth; and

8. "Woman" and "women" include any person whose biological sex

is female including any person with XX chromosomes and any person

with a uterus, regardless of any gender identity that the person

attempts to assert or claim.
Okla. Stat. tit. 63, § 63-1-401 — OK Code / Title 63 / Section 63-1-401
Definitions
Status: in_force

As used in this article:

Oklahoma Statutes - Title 63. Public Health and Safety Page 205

1. “Tuberculosis disease” means disease caused by Mycobacterium

tuberculosis complex;

2. “Active tuberculosis disease” means a stage of tuberculosis

in which compatible pathologic changes are present as demonstrated

by clinical, bacteriologic, or radiographic evidence, and/or other

diagnostic procedures. Persons diagnosed with tuberculosis are

considered to have active tuberculosis disease until they have

completed a full course of antituberculosis treatment as prescribed

or approved by the State Commissioner of Health; and

3. “Tuberculosis infection” means a stage of tuberculosis

characterized by having a positive or a history of a positive

response to a tuberculin skin test or other laboratory test for

tuberculosis infection, but not having clinical, radiographic or

other evidence of disease.
Okla. Stat. tit. 63, § 63-1-739 — OK Code / Title 63 / Section 63-1-739
Records
Status: in_force

All hospitals shall keep records, including admission and

discharge notes, histories, results of tests and examinations,

nurses worksheets, social service records and progress notes of

patients. All abortion facilities and hospitals in which abortions

are performed shall also keep certifications of medical necessity,

certifications of nonviability, certifications of nonavailability,

abortion reports and complication reports as required in this act.

Such records shall be maintained in the permanent files of the

hospital for a period of not less than seven (7) years.
Okla. Stat. tit. 63, § 63-1-740.17 — OK Code / Title 63 / Section 63-1-740.17
Department of Health grants to private organizations
Status: in_force

for services.

A. The State Department of Health shall make grants, as

directed in subsection B of this section, from funds appropriated by

the Legislature for the Choosing Childbirth Act.

B. The purpose of the grants shall be to reimburse private

organizations in this state for the reasonable expenses of programs

providing the services listed in subsection C of this section. The

Department shall make grants both directly to the private

organizations and to one or more grant-supervising entities, who

shall reimburse the private organizations.

C. Reimbursable services provided under the Choosing Childbirth

Act shall include:

1. Providing information on, referral to and assistance in

securing the services of relevant existing programs or agencies that

assist women in this state to carry their children to term, and/or

providing services that assist women to carry their children to term

including, but not limited to, agencies and programs that will

provide:

a. medical attention for the pregnant woman for the

duration of her pregnancy including, but not limited

to, obstetric ultrasounds,

b. mental health and substance abuse services,

c. nutritional support services,

Oklahoma Statutes - Title 63. Public Health and Safety Page 379

d. housing assistance,

e. transportation assistance,

f. adoption services,

g. education and employment assistance, and

h. parenting education and support services;

2. Providing women in this state, through in-person community

outreach and telecare, information and/or services that encourage

and assist them to carry their children to term; and

3. Providing services including, but not limited to, health

care services to mothers and infants up to three (3) years

postpartum for the purpose of reducing the rates of maternal

mortality and infant mortality in this state by three percent (3%)

not later than July 1, 2026; provided, however, no funds shall be

provided to an organization that provides, or whose affiliates

provide, abortion services.

D. To be eligible for a service grant, an organization shall:

1. Be registered with the Secretary of State as a not-for-

profit corporation located in this state;

2. Have the grant amount approved by:

a. the grant-supervising entity, if the grant was

provided to the private organization by a grant-

supervising entity, or

b. the Department, if the grant was provided directly to

the private organization by the Department;

3. For services described in paragraphs 1 and 2 of subsection C

of this section, provide each pregnant woman counseled with accurate

information on the developmental characteristics of unborn children

including offering the printed information described in Section 1-

738.3 of this title;

4. Assure that the grant’s sole purposes are to assist and

encourage women to carry their children to term and to maximize

their potentials thereafter as provided in paragraphs 1 and 2 of

subsection C of this section or to reduce the rates of maternal

mortality and infant mortality in this state as provided in

paragraph 3 of subsection C of this section; and

5. Assure that none of the funds provided pursuant to the

Choosing Childbirth Act, nor any other funds or services provided by

the organization, are used to encourage or counsel a woman to have

an abortion not necessary to prevent her death, to provide her such

an abortion or to refer her for such an abortion.
Okla. Stat. tit. 63, § 63-940 — OK Code / Title 63 / Section 63-940
Cooperation of state and county officials - Notification
Status: in_force

of deaths.

A. All law enforcement officers and other state and county

officials shall cooperate with the Chief Medical Examiner and all

other medical examiners in making investigations required pursuant

to the provisions of Sections 931 through 954 of this title. The

officials and the physician in attendance of the deceased, or other

persons when the deceased was unattended by a physician, shall

promptly notify the medical examiner of the occurrence of all deaths

coming to their attention which, pursuant to the provisions of

Sections 931 through 954 of this title, are subject to

investigation, and shall assist in making dead bodies and related

evidence available for investigation.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1286

Subject to the provisions of Sections 931 through 954 of this

title, bodies shall not be disturbed until authorized by the Chief

Medical Examiner or his or her designee and the representative of

any law enforcement agency which has begun an investigation of the

cause of death. The authorization may be given by telephone.

Nothing in Sections 931 through 954 of this title shall prevent the

district attorney, or his or her designee, or the responding law

enforcement officer from authorizing the removal of a body when the

removal is determined to be in the public interest and conditions at

the scene are adequately documented and preserved by photographs and

measurements.

B. The death of any patient, inmate, ward, or veteran in a

state hospital or other institution shall be reported by the chief

administrative officer of the hospital or institution or his or her

designee to the Office of the Chief Medical Examiner at the time of

the death and prior to release of the body.

1. Within thirty-six (36) hours, a written report shall be

submitted and shall be accompanied by true and correct copies of all

medical records of the hospital or institution concerning the

deceased patient.

2. The Chief Medical Examiner shall have the authority to

require production of any records, documents, or equipment or other

items regarding the deceased patient deemed necessary to investigate

the death.
Okla. Stat. tit. 63, § 63-2815.1 — OK Code / Title 63 / Section 63-2815.1
Renumbered as § 2869.3 of this title by Laws 2023, c
Status: in_force

49, § 7, eff. Nov. 1, 2023.
Okla. Stat. tit. 63, § 63-3131.8 — OK Code / Title 63 / Section 63-3131.8
Protection from criminal prosecution, civil liability
Status: in_force

and professional discipline.

A. No health care provider, health care agency, or individual

employed by, acting as the agent of, or under contract with any such

health care provider, health care agency, or individual shall be

subject to criminal prosecution, civil liability, or discipline for

unprofessional conduct for carrying out in good faith a do-not-

resuscitate consent or order authorized by the Oklahoma Do-Not-

Resuscitate Act on behalf of a person as instructed by the person or

representative or for those actions taken in compliance with the

standards and procedures set forth in the Oklahoma Do-Not-

Resuscitate Act.

B. No health care provider, health care agency, individual

employed by, acting as agent of, or under contract with any such

health care provider, health care agency or individual or other

individual who witnesses a cardiac or respiratory arrest shall be

subject to criminal prosecution, civil liability or discipline for

unprofessional conduct for providing cardiopulmonary resuscitation

to a person for whom a do-not-resuscitate consent or order has been

issued; provided, that such individual:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1506

1. Reasonably and in good faith was unaware of the issuance of

a do-not-resuscitate consent or order; or

2. Reasonably and in good faith believed that consent to a do-

not-resuscitate order had been revoked or canceled.

C. Any physician who refuses to issue a do-not-resuscitate

order at a person's request or any health care provider or health

care agency who refuses to comply with a do-not-resuscitate consent

or order entered pursuant to the Oklahoma Do-Not-Resuscitate Act

shall take reasonable steps to advise the person or representative

of the person promptly that the physician is unwilling to effectuate

the consent or order and shall as promptly as practicable take all

reasonable steps to arrange care of the person by another physician

or health care provider.
Okla. Stat. tit. 63, § 63-1-318 — OK Code / Title 63 / Section 63-1-318
Fetal death certificate - Filing - Contents
Status: in_force

A. A fetal death certificate for each fetal death which occurs

in this state shall be filed with the State Department of Health,

within three (3) days after such delivery.

B. The funeral director or person acting as such who first

assumes custody of a fetus shall file the fetal death certificate.

In the absence of such a person, the physician or other person in

attendance at or after the delivery shall file the certificate of

fetal death. He or she shall obtain the personal data from the next

of kin or the best qualified person or source available. He or she

shall complete the certificate as to personal data and deliver the

certificate to that person responsible for completing the medical

certification of cause of death within twenty-four (24) hours after

delivery.

Oklahoma Statutes - Title 63. Public Health and Safety Page 193

C. The medical certification shall be completed and signed

within forty-eight (48) hours after delivery by the physician in

attendance at or after delivery, except when inquiry into the cause

of death is required by Section 938 of this title.
Okla. Stat. tit. 63, § 63-5009 — OK Code / Title 63 / Section 63-5009
Administration of Oklahoma Medicaid Program
Status: in_force

A. On and after January 1, 1995, the Oklahoma Health Care

Authority shall be the designated state agency for the

administration of the Oklahoma Medicaid Program.

1. The Authority shall contract with the Department of Human

Services for the determination of Medicaid eligibility and other

administrative or operational functions related to the Oklahoma

Medicaid Program as necessary and appropriate.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1712

2. To the extent possible and appropriate, upon the transfer of

the administration of the Oklahoma Medicaid Program, the Authority

shall employ the personnel of the Medical Services Division of the

Department of Human Services.

3. The Department of Human Services and the Authority shall

jointly prepare a transition plan for the transfer of the

administration of the Oklahoma Medicaid Program to the Authority.

The transition plan shall include provisions for the retraining and

reassignment of employees of the Department of Human Services

affected by the transfer. The transition plan shall be submitted to

the Governor, the President Pro Tempore of the Senate and the

Speaker of the House of Representatives on or before January 1,

1995.

B. In order to provide adequate funding for the unique training

and research purposes associated with the demonstration program

conducted by the entity described in paragraph 7 of subsection B of

Section 6201 of Title 74 of the Oklahoma Statutes, and to provide

services to persons without regard to their ability to pay, the

Oklahoma Health Care Authority shall analyze the feasibility of

establishing a Medicaid reimbursement methodology for nursing

facilities to provide a separate Medicaid payment rate sufficient to

cover all costs allowable under Medicare principles of reimbursement

for the facility to be constructed or operated, or constructed and

operated, by the organization described in paragraph 7 of subsection

B of Section 6201 of Title 74 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-3001.1 — OK Code / Title 63 / Section 63-3001.1
Renumbered as § 2-11-502 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-2414 — OK Code / Title 63 / Section 63-2414
Oath or affirmation of true interpretation
Status: in_force

Before a qualified legal interpreter may participate in any

proceedings under the provisions of the Oklahoma Legal Interpreter

for the Deaf and Hard-of-Hearing Act, such interpreter shall make an

oath or affirmation that the interpreter will make a true

interpretation in the manner most readily understood by the person

who is deaf or hard-of-hearing.
Okla. Stat. tit. 63, § 63-1-2558 — OK Code / Title 63 / Section 63-1-2558
Article IX — Additional powers invested in a member
Status: in_force

state's EMS authority.

ARTICLE IX

Additional Powers Invested in a Member State's EMS Authority

Oklahoma Statutes - Title 63. Public Health and Safety Page 853

A member state's EMS authority, in addition to any other powers

granted under state law, is authorized under this Compact to:

1. Issue subpoenas for both hearings and investigations that

require the attendance and testimony of witnesses and the production

of evidence. Subpoenas issued by a member state's EMS authority for

the attendance and testimony of witnesses, and/or the production of

evidence from another member state, shall be enforced in the remote

state by any court of competent jurisdiction, according to that

court's practice and procedure in considering subpoenas issued in

its own proceedings. The issuing state EMS authority shall pay any

witness fees, travel expenses, mileage, and other fees required by

the service statutes of the state where the witnesses and/or

evidence are located; and

2. Issue cease and desist orders to restrict, suspend, or

revoke an individual's privilege to practice in the state.
Okla. Stat. tit. 63, § 63-683.6 — OK Code / Title 63 / Section 63-683.6
State Hazard Mitigation Team
Status: in_force

A. There is hereby created the State Hazard Mitigation Team,

composed of the administrative heads of the following agencies or

their designees:

1. Oklahoma Department of Emergency Management, who shall serve

as the Team Coordinator;

2. Oklahoma Water Resources Board;

3. Oklahoma Climatological Survey;

4. Oklahoma Conservation Commission;

5. Corporation Commission;

6. Oklahoma Department of Commerce;

7. Department of Environmental Quality;

8. Department of Human Services;

9. State Department of Health;

10. Department of Transportation;

11. Oklahoma Department of Agriculture, Food, and Forestry or

the Secretary of Agriculture;

12. Department of Wildlife Conservation;

13. Oklahoma Historical Society;

14. Oklahoma Insurance Department;

15. Association of County Commissioners of Oklahoma;

16. Oklahoma Municipal League;

17. State Fire Marshal;

18. Department of Labor;

19. A local Emergency Management Director as determined by the

President of the Oklahoma Emergency Management Association;

20. State Chancellor or his or her representative for The

Oklahoma State System of Higher Education; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1224

21. State Director or his or her representative for the

Oklahoma Department of Career and Technology Education.

B. Depending on the circumstances, the Team Coordinator may

request participation of the heads of any other state agencies as

deemed appropriate.

C. The Team Coordinator shall also request that a

representative of the United States Army Corps of Engineers be

appointed by the administrative head of the Tulsa District to

participate on the Team.

D. The Team Coordinator shall also request a representative of

the U.S. Department of Housing and Urban Development be appointed by

the administrative head of the Oklahoma City office to participate

on the team.

E. The State Hazard Mitigation Team will meet as determined by

the Team Coordinator to review and recommend updates to the State

Comprehensive All-hazard Mitigation Plan, and shall have those

additional responsibilities as provided by the Team Coordinator,

including, but not limited to, the review and recommendation for

loan and grant application under the Oklahoma Flood Hazard

Mitigation Program.
Okla. Stat. tit. 63, § 63-1-819 — OK Code / Title 63 / Section 63-1-819
Residential Care Act
Status: in_force

Sections 1-820 through 1-840 of this act shall be known and may

be cited as the "Residential Care Act".
Okla. Stat. tit. 63, § 63-1055.1 — OK Code / Title 63 / Section 63-1055.1
Certain housing authorized to use state controlled
Status: in_force

communication towers.

Any city, county, Rural Electric Cooperative or Indian housing

authority created pursuant to Sections 1055 and 1057 of Title 63 of

the Oklahoma Statutes is hereby authorized subject to approval of

the state agency controlling such communication towers to use state

controlled communication towers; provided such use shall meet

engineering specifications to ensure that such towers shall not be

damaged or the purpose of such towers shall not be interfered with.
Okla. Stat. tit. 63, § 63-1-1914.5 — OK Code / Title 63 / Section 63-1-1914.5
Written request for informal dispute resolution
Status: in_force

A. A facility that wishes to challenge a deficiency through the

informal dispute resolution process shall make a written request to

the State Department of Health within ten (10) calendar days of the

receipt of the statement of deficiencies from the State Department

of Health.

B. The written request for an informal dispute resolution shall

include:

Oklahoma Statutes - Title 63. Public Health and Safety Page 689

1. A list of all deficiencies that the facility wishes to

challenge; and

2. A statement indicating whether the facility wants the

informal dispute resolution to be conducted by telephone conference

call, by record review of the impartial decision maker, or by a

meeting in which the facility and the State Department of Health

appear before the impartial decision maker.

C. A request for an informal dispute resolution shall not:

1. Stay any action for enforcement or imposition of remedies;

2. Affect or preclude the right of a facility to judicial or

administrative appeal; or

3. Duplicate any procedures already held under the federal

requirements for informal dispute resolution.
Okla. Stat. tit. 63, § 63-3250.3 — OK Code / Title 63 / Section 63-3250.3
Purpose – Creation of public trust – Instrument –
Status: in_force

Condition precedent – Filing - Amendment.

A. 1. The Oklahoma Legislature finds that the delivery of

health care services to the public including medically indigent

persons will be enhanced through the establishment of community

hospital public trust authorities and the creation of hospital

districts pursuant to the Oklahoma Community Hospitals Public Trust

Authorities Act.

2. The purpose of the Oklahoma Community Hospitals Public Trust

Authorities Act is to provide maximum utilization and efficient

administration in delivering health care services by hospital

districts to the public including medically indigent persons, and to

provide for supplemental Medicaid programs.

B. 1. A hospital or two or more hospitals located within a

county or adjacent counties or located within a county or adjacent

counties and a municipality may jointly create a public trust for

the purposes of:

a. establishing a hospital district,

b. accessing and providing funding for coordination of

the delivery of health care to the public including

but not limited to programs that contribute to serving

the medically indigent,

c. improving access to health care by the public,

d. coordinating the development of new health services in

the hospital district,

e. considering various alternatives for integrating the

services of the health care delivery system in the

hospital district, and

f. providing for and supplementing Medicaid programs.

2. A hospital participating in the creation of a public trust

must:

a. expend at least Fifty Thousand Dollars ($50,000.00)

annually providing care for medically indigent

persons, and

b. have a system of inpatient and/or outpatient health

care, trauma care, or emergency care services that is

not limited to a specific modality of health care.

3. The boundaries of a community hospital public trust

authority should be coextensive with the boundaries of a county or a

group of member counties.

4. The county or counties or the county or counties and

municipality in which a hospital district is established must

approve and shall be the beneficiary of the public trust pursuant to

Oklahoma Statutes - Title 63. Public Health and Safety Page 1570

the provisions of Sections 176 and 177 of Title 60 of the Oklahoma

Statutes.

C. The instrument creating the public trust shall provide at a

minimum:

1. The reasons for organizing and constituting a hospital

district, including a statement that the community hospital public

trust authority will comply with all applicable provisions of

Sections 176 through 180.3 of Title 60 of the Oklahoma Statutes and

the Oklahoma Community Hospitals Public Trust Authorities Act;

2. A statement that the public trust shall be separate and

independent from the affairs of the beneficiary in all matters or

activities authorized by the written instrument creating the public

trust;

3. The names and corporate headquarters of each hospital

located in the proposed hospital district;

4. The general patient loads of each hospital within the

proposed hospital district and the anticipated number of medically

indigent persons for whom medical services will be provided;

5. A concise description of the geographic boundaries to be

embraced within the proposed hospital district;

6. A statement that the proposed hospital district is embracing

only those lands within the proposed boundaries specified by

paragraph 5 of this subsection which can reasonably and economically

be served in the foreseeable future;

7. Assurance that all hospitals located within the hospital

district which meet the eligibility criteria can participate in the

public trust;

8. For the appointment, succession, powers, duties, terms and

manner of removal of trustees;

9. For the appointment of at least five trustees as follows:

a. the chief executive officers of the hospitals

participating in the community hospital public trust

authority and may include the chief executive officers

of hospitals located within the hospital district,

b. (1) one county commissioner or their designee from

each beneficiary county which the hospital

district embraces, appointed by the commissioners

of each such county, and

(2) the chief administrative officer or his or her

designee from a municipality in which the

hospital district is situated, if such

municipality is the beneficiary of the public

trust, and

c. one member appointed by the Governor who has no direct

affiliation with any hospital participating in the

community hospital public trust authority; provided,

that if pursuant to the provisions of this paragraph

Oklahoma Statutes - Title 63. Public Health and Safety Page 1571

the Board will have less than five members, the

Governor shall appoint additional members; and

10. The time and place of the regular meetings and the manner

in which special meetings may be called. A community hospital

public trust authority shall keep a complete record of all its

proceedings.

D. As a condition precedent, each community hospital public

trust authority must receive approval from the Attorney General that

the public trust is in the proper form.

E. A certified copy of the public trust agreement must be filed

with the Secretary of State and with the court clerk of each

beneficiary county and municipality.

F. Each public trust established pursuant to the Oklahoma

Community Hospitals Public Trust Authorities Act shall not be

amended without a two-thirds (2/3) vote of approval of the trustees

of such trust.