Okla. Stat. tit. 63, § 63-1-242.2 — OK Code / Title 63 / Section 63-1-242.2
Maternal Mortality Review Committee
Status: in_force

A. There is hereby created, to continue until November 1, 2029,

the Maternal Mortality Review Committee. The Committee shall have

the power and duty to:

1. Conduct case reviews of the pregnancy-related and pregnancy-

associated maternal deaths of women in Oklahoma;

Oklahoma Statutes - Title 63. Public Health and Safety Page 155

2. Improve the ability to provide high-quality, evidence-based

health care to women and infants in Oklahoma;

3. Identify gaps in the provision of health care services

including, but not limited to, quality of care, access to the most

appropriate health care, transportation and lack of financial

resources;

4. Review probable cause of death and identify contributing

factors;

5. Decide if the death was preventable, and if so what actions

could have been taken to prevent the death;

6. Identify action items related to issues identified to

improve the provision of health care and prevent future maternal

deaths;

7. Enter into agreements with other state, local and private

entities as necessary to carry out the duties of the Committee; and

8. Recommend rules to be promulgated as needed to and by the

State Commissioner of Health.

B. In carrying out its duties and responsibilities the

Committee shall:

1. Establish criteria for case review involving pregnancy-

related and pregnancy-associated maternal death or near death

subject to specific, in-depth review by the Committee;

2. Conduct review for all cases identified as pregnancy-related

and pregnancy-associated maternal deaths or near deaths where

sufficient information is obtainable to evaluate the case;

3. Establish and maintain statistical information related to

the deaths and near deaths necessary to compile data and identify

gaps in services or areas subject to improvement in the provision of

health care;

4. Establish procedures for obtaining information related to

the deaths necessary to accurately determine cause of death,

contributing factors, gaps in service and areas subject to

improvement in the provision of health care;

5. Contact family members and other affected or involved

persons to collect additional relevant data;

6. Request and obtain a copy of all records and reports

pertaining to the pregnancy-related and pregnancy-associated

maternal mortality or near-death case under review. All case

reviews shall remain in the possession of Committee staff and only

de-identified information will be presented to the Committee,

including but not limited to the following:

a. medical examiner reports,

b. hospital/health care entity records,

c. court records,

d. prosecutorial records,

Oklahoma Statutes - Title 63. Public Health and Safety Page 156

e. local, state, and federal law enforcement records

including, but not limited to, the Oklahoma State

Bureau of Investigation,

f. fire department records,

g. State Department of Health records, including birth

and death certificate records,

h. medical and dental records,

i. Department of Mental Health and Substance Abuse

Services and other mental health records,

j. emergency medical service records, and

k. pharmacy records.

Confidential information provided to the Committee shall be

maintained by the Committee in a confidential manner as otherwise

required by state and federal law. Any person damaged by disclosure

of such confidential information by the Committee or its members

which is not authorized by law may maintain an action for damages,

costs and attorney fees pursuant to The Governmental Tort Claims

Act; and

7. Maintain all confidential information, documents and records

in possession of the Committee as confidential and not subject to

subpoena or discovery in any civil or criminal proceedings; provided

however, information, documents and records otherwise available from

other sources shall not be exempt from subpoena or discovery through

those sources solely because such information, documents and records

were presented to or reviewed by the Committee.

C. The review and discussion of individual cases of pregnancy-

related and pregnancy-associated maternal death or near death shall

be conducted in executive session. Any discussion of individual

cases and any writing produced by or created by the Committee as the

result of its review shall be privileged and shall not be admissible

in evidence in any proceeding. All other business shall be

conducted in accordance with the provisions of the Oklahoma Open

Meeting Act.

D. A health care provider, health care facility, pharmacy or

any other entity providing access to medical records pursuant to

this statute shall not be held liable for civil damages or be

subject to any criminal or disciplinary action for good-faith

efforts in providing such records.
Okla. Stat. tit. 63, § 63-2418.1 — OK Code / Title 63 / Section 63-2418.1
Certified local exchange telephone companies - Compliance with federal legislation -
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 47Compliance with federal legislation - Assessment of surcharge.

Each certified local exchange telephone company shall comply

with the provisions of the Americans with Disabilities Act of 1990

and regulations promulgated thereunder relating to

telecommunications relay services for deaf and hard-of-hearing and

speech-impaired individuals and shall assess a surcharge to each

customer on a per line per month basis to recover the costs

associated with such compliance and advise the Commission of any

changes.
Okla. Stat. tit. 63, § 63-2-503.1f — OK Code / Title 63 / Section 63-2-503.1f
Evasion of certain money reporting requirements
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1023

A. No person shall, for the purpose of evading the reporting

requirements set forth in 31 U.S.C., Section 5311, 31 C.F.R., Part

103, Title 6 or Sections 2-101 through 2-608 of Title 63 of the

Oklahoma Statutes, or other federal laws pertaining to money

laundering:

1. Cause or attempt to cause the failure to file a report

required under Title 6 or Title 63 of the Oklahoma Statutes, or

federal monetary reporting requirements under law; or

2. Cause or attempt to cause the filing of a report required

under Title 6 or Title 63 of the Oklahoma Statutes, or federal

monetary reporting requirements under law, that contains a material

omission or misstatement of fact.

B. Any person convicted of violating the provisions of this

section shall be guilty of a Class C1 felony offense punishable by

imprisonment as provided for in subsections B through E of Section

20L of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-2220.1 — OK Code / Title 63 / Section 63-2220.1
Short title
Status: in_force

This act shall be known and may be cited as the “Cheryl Selman

Organ Donor Education and Awareness Act”. Any references in the

statutes to the Oklahoma Organ Donor Education and Awareness Program

Act shall be deemed references to the Cheryl Selman Organ Donor

Education and Awareness Act.

There is hereby created the Organ Donor Education and Awareness

Program (ODEAP), the purpose of which shall be to promote and

encourage organ donor education and awareness in this state.
Okla. Stat. tit. 63, § 63-2254 — OK Code / Title 63 / Section 63-2254
Renumbered as § 1-2303 of this title by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Amended and also renumbered as § 1-

2303 of this title by Laws 1990, c. 225, §§ 3 and 11, respectively,

eff. Sept. 1, 1990.Amended and also renumbered as § 1-2303 of this title by Laws 1990, c. 225, §§ 3 and 11,

Oklahoma Statutes - Title 63. Public Health and Safety Page 45
Okla. Stat. tit. 63, § 63-1-1301.11 — OK Code / Title 63 / Section 63-1-1301.11
Renumbered as § 7-411 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1-2104 — OK Code / Title 63 / Section 63-1-2104
Renumbered as § 2-8-201 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1120 — OK Code / Title 63 / Section 63-1-1120
Definitions
Status: in_force

For the purpose of Sections 1121 through 1134 of this article:

(a) the term "food" shall include any article used by man for

food, drink, confection, ice or condiment, or which enters into the

composition of the same, whether simple, blended, mixed or

compounded.

Oklahoma Statutes - Title 63. Public Health and Safety Page 586

(b) the term "frozen food locker plant" shall mean a location or

establishment in which space in individual lockers is rented to

persons for storage of frozen food and is equipped with a chill

room, sharp freezing facilities and facilities for cutting,

preparing, wrapping and packaging meats and meat products, fruit and

vegetables.

(c) the term "branch frozen food locker plant" shall mean a

location or establishment in which space in individual lockers is

rented to persons for storage of frozen food after preparation for

storage at a frozen food locker plant.

(d) the term "sharp frozen" shall mean the freezing of food in a

room in which the temperature is zero degrees (0~F) Fahrenheit or

below.
Okla. Stat. tit. 63, § 63-1-2553 — OK Code / Title 63 / Section 63-1-2553
Article IV — Compact privilege to practice
Status: in_force

ARTICLE IV

Compact Privilege to Practice

A. Member states shall recognize the privilege to practice of

an individual licensed in another member state that is in

conformance with Section 3 of this Compact.

B. To exercise the privilege to practice under the terms and

provisions of this Compact, an individual must:

1. Be at least eighteen (18) years of age;

2. Possess a current unrestricted license in a member state as

an EMT, AEMT, paramedic, or state-recognized and -licensed level

with a scope of practice and authority between EMT and paramedic;

and

3. Practice under the supervision of a medical director.

C. An individual providing patient care in a remote state under

the privilege to practice shall function within the scope of

practice authorized by the home state unless and until modified by

an appropriate authority in the remote state, as may be defined in

the rules of the Commission.

D. Except as provided in subsection C of Section 4 of this

Compact, an individual practicing in a remote state will be subject

to the remote state's authority and laws. A remote state may, in

accordance with due process and that state's laws, restrict,

suspend, or revoke an individual's privilege to practice in the

remote state and may take any other necessary actions to protect the

health and safety of its citizens. If a remote state takes action,

it shall promptly notify the home state and the Commission.

E. 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.

F. If an individual's privilege to practice in any remote state

is restricted, suspended, or revoked, the individual shall not be

eligible to practice in any remote state until the individual's

privilege to practice is restored.
Okla. Stat. tit. 63, § 63-6404 — OK Code / Title 63 / Section 63-6404
Enforcement of public health authority orders –
Status: in_force

Assistance from public safety authority.

During a state of catastrophic health emergency, the public

health authority may request assistance in enforcing orders pursuant

to this act from the public safety authority. The public safety

authority may request assistance from the National Guard in

enforcing the orders of the public health authority.
Okla. Stat. tit. 63, § 63-1-738p — OK Code / Title 63 / Section 63-1-738p
Judicial order restraining or enjoining Statistical
Status: in_force

Abortion Reporting Act.

A. Sections 1-738.3a, 1-738.13 and 1-740.4a of Title 63 of the

Oklahoma Statutes shall become ineffective and of no binding force

on the date specified in subsection B of this section, but if the

Statistical Abortion Reporting Act is ever temporarily or

permanently restrained or enjoined by judicial order, these sections

shall become effective and enforceable; provided, however, that if

such temporary or permanent restraining order or injunction is ever

stayed or dissolved, or otherwise ceases to have effect, these

sections shall again become ineffective and of no binding force

until or unless an injunction or restraining order against the

Statistical Abortion Reporting Act is again in effect. If and to

the extent the Statistical Abortion Reporting Act is restrained or

enjoined in part, then only those provisions of these sections that

neither conflict with nor substantively duplicate the provisions of

the Statistical Abortion Reporting Act that are not enjoined shall

have effect. As promptly as feasible following the issuance of any

restraining order or injunction that enjoins part but not all of the

Statistical Abortion Reporting Act, the Attorney General shall issue

an opinion specifically identifying those provisions of these

sections that are effective and enforceable in accordance with the

preceding sentence.

B. The date specified in this subsection is the later of:

1. April 1, 2012; or

2. Thirty (30) calendar days following the date on which the

State Department of Health posts on its secure Internet website the

Individual Abortion Form and instructions concerning its electronic

submission referenced in Section 3 of this act.
Okla. Stat. tit. 63, § 63-98 — OK Code / Title 63 / Section 63-98
Expense of delivery or distribution of unclaimed body
Status: in_force

No county, municipality, officer, agent or servant thereof,

shall incur any expense by reason of the delivery or distribution of

any such body. All expenses for the storage, distribution or any

other related services involved in the use of the bodies shall be

borne by those institutions receiving and using the bodies. The

Board’s agent shall direct the payment into, and disbursements from

an appropriate account for such activity at the agent’s institution.
Okla. Stat. tit. 63, § 63-1-859 — OK Code / Title 63 / Section 63-1-859
Provisions as supplemental
Status: in_force

The provisions of this act shall be supplemental to any other

law of this state relating to the offering and development of long-

term care service, and shall repeal only those laws in direct

conflict herewith.
Okla. Stat. tit. 63, § 63-1-740 — OK Code / Title 63 / Section 63-1-740
Abortion on minor without parental consent or knowledge
Status: in_force

- Liability.

Any person who performs an abortion on a minor without parental

consent or knowledge shall be liable for the cost of any subsequent

medical treatment such minor might require because of the abortion.
Okla. Stat. tit. 63, § 63-1-729.3 — OK Code / Title 63 / Section 63-1-729.3
Civil actions - Damages and injunctive relief - Civil
Status: in_force

contempt.

A. Any person who knowingly or recklessly violates a provision

of this act shall be liable for damages as provided in this section

and may be enjoined from such acts in accordance with this section

in an appropriate court.

B. Any female upon whom an abortion has been performed or

induced, the father of the unborn child who was the subject of the

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

abortion at the time the abortion was performed or induced, or a

maternal grandparent of the unborn child may maintain an action

against the person who performed or induced the abortion in knowing

or reckless violation of this act for actual and punitive damages.

Any female upon whom an abortion has been attempted to be performed

or induced in knowing or reckless violation of this act may maintain

an action against the person who attempted to perform or induce the

abortion for actual and punitive damages.

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

action described in this section, the court shall also render

judgment for a reasonable attorney fee in favor of the plaintiff

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

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

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

judgment for a reasonable attorney fee in favor of the defendant

against the plaintiff.

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

who has knowingly or recklessly violated this act may be maintained

by:

1. The female upon whom an abortion was performed or induced or

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

2. Any person who is the spouse, parent, sibling or guardian

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

female upon whom an abortion has been performed or induced or

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

3. A district attorney with appropriate jurisdiction; or

4. The Attorney General.

The injunction shall prevent the abortion provider from performing

or inducing further abortions in violation of this act in the State

of Oklahoma.

E. Any person who knowingly or recklessly violates the terms of

an injunction issued in accordance with this act shall be subject to

civil contempt, and shall be fined Ten Thousand Dollars ($10,000.00)

for the first violation, Fifty Thousand Dollars ($50,000.00) for the

second violation, One Hundred Thousand Dollars ($100,000.00) for the

third violation and for each succeeding violation an amount in

excess of One Hundred Thousand Dollars ($100,000.00) sufficient to

deter future violations. The fines shall be the exclusive penalties

Oklahoma Statutes - Title 63. Public Health and Safety Page 299

for such contempt. Each performance or induction or attempted

performance or induction of an abortion in violation of the terms of

an injunction is a separate violation. These fines shall be

cumulative. However, no fine may be assessed against the woman on

whom an abortion was performed or induced or was attempted to be

performed or induced.

F. A physician who performed or induced an abortion or

attempted to perform or induce an abortion in violation of this act

shall be considered to have engaged in unprofessional conduct for

which his or her license to practice medicine in the State of

Oklahoma may be suspended or revoked by the State Medical Board of

Licensure and Supervision or the State Board of Osteophathic

Examiners.
Okla. Stat. tit. 63, § 63-330.85 — OK Code / Title 63 / Section 63-330.85
Renumbered as § 2452 of this title by Laws 1990, c
Status: in_force

320, § 19, emerg. eff. May 30, 1990.
Okla. Stat. tit. 63, § 63-1-1906 — OK Code / Title 63 / Section 63-1-1906
Issuance and renewal of licenses - Initial license -
Status: in_force

Denial of application - Notice of denial - Suspension or revocation

- Administrative penalties - Effective date of nonrenewal or

revocation - Application following revocation.

A. The State Commissioner of Health shall issue and renew

licenses for the operation of facilities which are found to comply

with the provisions of the Nursing Home Care Act, and standards and

rules of the State Board of Health.

B. For any new facility or for any facility that has undergone

a transfer of ownership or operation the State Department of Health

shall issue only an initial license. An initial license shall be

valid for one hundred eighty (180) days unless sooner suspended or

revoked under this act. Prior to the termination of an initial

license, the Department shall fully and completely inspect the

facility and, if the facility meets the applicable requirements for

licensure, shall issue a license under this act. If the Department

finds that the facility does not meet the requirements for licensure

but has made substantial progress toward meeting those requirements,

the initial license may be extended once for a period not to exceed

one hundred twenty (120) days from the expiration date of the

initial license.

C. An application for a license may be denied for any of the

following reasons:

1. Failure to meet any of the minimum standards set forth by

this act or by rules promulgated by the Board under this act;

2. Conviction of the applicant, or of any member of an

applicant that is a firm, partnership or association or, if a

corporation, the conviction of the corporation or any of its

officers or a majority stockholder, or of a person designated to

manage or supervise a facility, of a felony, meaning a crime that

would have a bearing on the operation of a nursing home, the

conviction to be shown by a certified copy of the record of the

court of conviction, if the Department determines, after

investigation, that such applicant has not been sufficiently

rehabilitated to warrant the public trust, or other satisfactory

evidence that the moral character of the applicant, or

administrator, or manager, or supervisor of the facility is not

reputable;

Oklahoma Statutes - Title 63. Public Health and Safety Page 674

3. Personnel insufficient in number or unqualified by training

or experience properly to care for the proposed number and type of

residents to be determined by standards set by the Department with

the standards not being less than those set by federal statute; or

4. Insufficient financial or other resources that would render

a facility incapable of providing adequate patient care.

D. Immediately upon the denial of any application or

reapplication for a license under this act, the Department shall

notify the applicant in writing. Notice of denial shall include a

clear and concise statement of the violations on which denial is

based and notice of the opportunity for a hearing. If the applicant

desires to contest the denial of a license, it shall provide written

notice to the Department of a request for a hearing within ten (10)

days after receipt of the notice of denial and the Department shall

commence the hearing.

E. The Commissioner may suspend or revoke a license on any of

the following grounds:

1. Violation of any of the provisions of this act or the rules,

regulations and standards issued pursuant thereto;

2. Permitting, aiding or abetting the commission of any illegal

act in a licensed facility;

3. Conduct of practices deemed by the Commissioner to be

detrimental to the welfare of the patients or residents of a

facility;

4. Insufficient financial or other resources that would render

a facility incapable of providing adequate patient care; or

5. The facility has closed.

F. 1. The Department, after notice to the applicant or

licensee, may suspend, revoke, refuse to renew a license or assess

administrative penalties in any case in which the Department finds- Suspension or revocation - Administrative penalties - Effective date of nonrenewal or revocation -e welfare of the patients or residents of a

facility;

4. Insufficient financial or other resources that would render

a facility incapable of providing adequate patient care; or

5. The facility has closed.

F. 1. The Department, after notice to the applicant or

licensee, may suspend, revoke, refuse to renew a license or assess

administrative penalties in any case in which the Department finds

that there has been a substantial failure to comply with this act or

the rules promulgated by the Board under this act;

2. Notice under this section shall include a clear and concise

statement of the violations on which the nonrenewal, revocation or

administrative penalty is based, the statute or rule violated and

notice of the opportunity for a hearing;

3. If a facility desires to contest the nonrenewal or

revocation of a license or the assessment of administrative

penalties, the facility shall, within ten (10) days after receipt of

notice under paragraph 2 of this section, notify the Commissioner in

writing of its request for a hearing. Upon receipt of the request

the Commissioner shall send notice to the facility and hold a

hearing;

4. The effective date of nonrenewal or revocation of a license

by the Commissioner shall be any of the following:

a. until otherwise ordered by the district court,

revocation is effective on the date set by the

Oklahoma Statutes - Title 63. Public Health and Safety Page 675

Commissioner in the notice of revocation, or upon

final action after hearing, whichever is later,

b. until otherwise ordered by the district court,

nonrenewal is effective on the date of expiration of

any existing license, or upon final action after

hearing, whichever is later, or

c. the Department may extend the effective date of

license revocation or expiration in any case in order

to permit orderly removal and relocation of residents.

G. A new application, following revocation, shall be considered

by the Commissioner on receipt of evidence that the conditions upon

which revocation was based have been corrected; and a new license

may then be granted after proper inspection has been made and all

provisions of this act have been complied with, and the rules,

regulations and standards of the Board have been satisfied.

H. The Department may suspend, for a period not to exceed three

(3) years, the license of a facility that has temporarily closed or

ceased operations for remodeling, renovation, replacement or

relocation, or that has closed or ceased operations pending a change

of ownership, operator or management.

1. The facility shall provide periodic reports to the

Department not less than once every six (6) months demonstrating the

facility’s progress towards reopening.

2. The Department may extend the period of suspension upon a

demonstration of extenuating or unusual circumstances, a clear

showing of good faith efforts to proceed towards the reopening of

the facility, and a determination by the Department that a

continuation of the period of suspension poses no harm to the

public.

3. Whenever, after receipt of a six-month report, the

Department determines that there has been no progress towards

reopening the facility, no demonstration of extenuating or unusual

circumstances or clear showing of good faith efforts to proceed

towards the reopening of the facility, the Department may initiate a

proceeding to revoke the license of the facility.

4. At or before the conclusion of the suspension period, the

facility shall meet applicable requirements for licensure and shall

reopen, or the license shall expire.

5. Any closed facility that has a suspended license on the

effective date of this act may be issued a suspended license for a

period not to exceed three (3) years from the effective date of this

act.
Okla. Stat. tit. 63, § 63-141.1 — OK Code / Title 63 / Section 63-141.1
Renumbered as § 121.1 of this title by Laws 1995, c
Status: in_force

344, § 32, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-1-317v3 — OK Code / Title 63 / Section 63-1-317v3
Death certificate - Filing – Contents
Status: in_force

A. A death certificate for each death which occurs in this

state shall be filed with the State Department of Health, within

three (3) days after such death.

B. The funeral director shall personally sign the death

certificate and shall be responsible for filing the death

certificate. If the funeral director is not available, the person

acting as such who first assumes custody of a dead body in

accordance with Section 1158 of Title 21 of the Oklahoma Statutes

shall personally sign and file the death certificate. The personal

data shall be obtained from the next of kin or the best qualified

person or source available. The funeral director or person acting

as such shall notify the person providing the personal data that it

is a felony to knowingly provide false data or misrepresent any

person’s relationship to the decedent. The certificate shall be

completed as to personal data and delivered to the attending

physician or the medical examiner responsible for completing the

medical certification portion of the certificate of death within

twenty-four (24) hours after the death. No later than July 1, 2012,

the personal data, and no later than July 1, 2017, the medical

certificate portion, shall be entered into the prescribed electronic

system provided by the State Registrar of Vital Statistics and the

information submitted to the State Registrar of Vital Statistics.

The resultant certificate produced by the electronic system shall be

provided to the physician or medical examiner for medical

certification within twenty-four (24) hours after the death.

C. The medical certification shall be completed and signed

within forty-eight (48) hours after death by the physician,

physician assistant, or advanced practice registered nurse in charge

of the patient’s care for the illness or condition which resulted in

death, except when inquiry as to the cause of death is required by

Section 938 of this title. No later than July 1, 2017, the medical

certification portion of certificate data shall be entered into the

prescribed electronic system provided by the State Registrar of

Vital Statistics and the information submitted to the State

Registrar of Vital Statistics.

D. In the event that the physician, physician assistant, or

advanced practice registered nurse in charge of the patient’s care

for the illness or condition which resulted in death is not in

attendance at the time of death, the medical certification shall be

completed and signed within forty-eight (48) hours after death by

the physician, physician assistant, or advanced practice registered

nurse in attendance at the time of death, except:

1. When the patient is under hospice care at the time of death,

the medical certification may be signed by the hospice’s medical

director; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 192

2. When inquiry as to the cause of death is required by Section

938 of this title.

Provided, that such certification, if signed by other than the

attending physician, physician assistant, or advanced practice

registered nurse, shall note on the face the name of the attending

physician, physician assistant, or advanced practice registered

nurse and that the information shown is only as reported.

E. A certifier completing cause of death on a certificate of

death who knows that a lethal drug, overdose or other means of

assisting suicide within the meaning of Sections 3141.2 through

3141.4 of this title caused or contributed to the death shall list

that means among the chain of events under cause of death or list it

in the box that describes how the injury occurred. If such means is

in the chain of events under cause of death or in the box that

describes how the injury occurred, the certifier shall indicate

“suicide” as the manner of death.

F. The authority of a physician assistant subject to subsection

C of Section 519.6 of Title 59 of the Oklahoma Statutes to carry out

the functions described in this section shall be governed by the

practice agreement as provided by Section 519.6 of Title 59 of the

Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-880.12 — OK Code / Title 63 / Section 63-1-880.12
Payment or acceptance of payment for securing or
Status: in_force

soliciting patients for psychiatric or chemical dependency facility.

A. 1. Any person who intentionally or knowingly pays to or

accepts anything of value from any person, firm, association of

persons, partnership, or corporation for securing or soliciting

patients for any psychiatric or chemical dependency facility in this

state shall be guilty of a misdemeanor, and upon conviction shall be

punishable by payment of a fine of not less than Five Hundred

Dollars ($500.00) and not more than Two Thousand Dollars

($2,000.00).

2. In addition to any other penalties or remedies provided by

law:

a. a violation of this section shall be grounds for

disciplinary action by the state agency licensing,

certifying, or registering such professional or

provider, and

b. the state agency licensing, certifying, or registering

such professional or provider may institute an action

to enjoin a violation or potential violation of this

section. The action for an injunction shall be in

addition to any other action, proceeding, or remedy

authorized by law.

B. This section shall not be construed to prohibit:

1. Advertising, except that advertising which:

a. is false, misleading or deceptive,

b. advertises professional superiority or the performance

of a professional service in a superior manner, and

c. is not readily subject to verification;

2. Remuneration for advertising, marketing or other services

that are provided for the purpose of securing or soliciting

patients, provided the remuneration is:

a. set in advance,

b. consistent with the fair market value of the services,

and

c. not based on the volume or value of any patient

referrals or business otherwise generated between the

parties; and

3. Any payment, business arrangements, or payments practice not

prohibited by 42 U.S.C., Section 1320a-7b(b), or any regulations

promulgated pursuant thereto.

C. This section shall not apply to licensed insurers, including

but not limited to, group hospital service corporations, or health

maintenance organizations which reimburse, provide, offer to

provide, or administer hospital, medical, dental, or other health-

related benefits under a health benefits plan for which it is the

Oklahoma Statutes - Title 63. Public Health and Safety Page 544

payor when it is providing those services under a health benefits

plan.

D. For purposes of this section:

1. "Health or mental health care professional" means any person

who offers or provides counseling or health or mental health care

under a license, certification or registration issued pursuant to

Title 59 of the Oklahoma Statutes, and any drug and alcohol

counselor certified by a private professional organization or

association that offers drug and alcohol certification; and

2. "Health care provider" means any hospital or related

institution offering or providing outpatient or inpatient

psychiatric or chemical dependency care licensed pursuant to Section

1-702 of Title 63 of the Oklahoma Statutes, or private facility

offering inpatient or outpatient psychiatric or chemical dependency

care licensed or certified pursuant to Title 43A of the Oklahoma

Statutes.
Okla. Stat. tit. 63, § 63-1-1925.2A — OK Code / Title 63 / Section 63-1-1925.2A
Annual budget request — Supplemental item for new
Status: in_force

state and federal funding for reimbursing nursing facilities and

intermediate care facilities.

A. The Oklahoma Health Care Authority in its annual budget

request submitted pursuant to Section 34.36 of Title 62 of the

Oklahoma Statutes shall include a supplemental item reflecting the

new state and federal funding necessary to meet the additional costs

associated with reimbursing nursing facilities and intermediate care

facilities for individuals with intellectual disabilities at the

most recent audited cost.

B. Audited cost shall be calculated by using the latest cost

report submitted to the Oklahoma Health Care Authority.
Okla. Stat. tit. 63, § 63-427.27 — OK Code / Title 63 / Section 63-427.27
Fingerprints — Medical marijuana facility owners
Status: in_force

A. The Oklahoma Medical Marijuana Authority shall require

owners of medical marijuana facilities to submit their fingerprints

Oklahoma Statutes - Title 63. Public Health and Safety Page 1199

to the Oklahoma State Bureau of Investigation (OSBI) for the purpose

of conducting a state and federal fingerprint-based criminal

background check.

B. The Authority may require that such fingerprint submissions

be made as part of a medical marijuana facility application, a

medical marijuana facility renewal application, or an individual

application for a license or permit authorizing that individual to

be an owner of a medical marijuana facility.

C. Fingerprint cards and any required fees shall be sent to the

OSBI central repository. The fingerprint records shall be used for

searching the state criminal records repository and shall also be

forwarded to the Federal Bureau of Investigation for a federal

criminal record search as provided in Section 150.9 of Title 74 of

the Oklahoma Statutes. The OSBI shall notify the Authority of any

criminal history record information or lack of criminal history

record information discovered on the submitting individual.

Notwithstanding the provisions of Section 150.9b of Title 74 of the

Oklahoma Statutes, all records related to any criminal history

information discovered shall be accessible and available to the

Authority.

D. As used in this section:

1. “Medical marijuana facility” means an entity licensed or

certified by the Authority to acquire, cultivate, process,

manufacture, test, store, sell, transport, or deliver medical

marijuana; and

2. “Owner” means a direct beneficial owner including all

persons or entities, as follows:

a. all shareholders owning an interest of a corporate

entity and all officers of a corporate entity,

b. all partners of a general partnership,

c. all general partners and all limited partners that own

an interest in a limited partnership,

d. all members that own an interest in a limited

liability company,

e. all beneficiaries that hold a beneficial interest in a

trust and all trustees of a trust,

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

venture,

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

association,

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

i. any other person holding an interest or convertible

note in any entity, which owns, operates, or manages a

licensed medical marijuana facility.
Okla. Stat. tit. 63, § 63-4002 — OK Code / Title 63 / Section 63-4002
Definitions
Status: reserved

As used in the Oklahoma Vessel and Motor Registration Act:

1. “Boat livery” means a business establishment engaged in

renting or hiring out vessels for profit;

2. “Canoe” means a light narrow vessel with both ends typically

tapered to a sharp point which is propelled solely by its occupants,

using a single-bladed paddle as a lever without the aid of a fulcrum

provided by oarlocks, thole pins, crutches, or similar arrangements;

3. “Certificate of documentation” means a document issued by

the United States Coast Guard which is legal proof of ownership of a

vessel;

4. “Certificate of registration” means a document which is

legal proof of registration of a vessel or motor;

5. “Certificate of title” means a document which is proof of

legal ownership of a vessel or motor;

6. “Service Oklahoma” means:

a. Service Oklahoma, or

b. the equivalent vessel registration and licensing

agency of a federally recognized Indian tribe in this

state;

7. “Dealer” means any person engaged in the business of

selling, trading, renting with option to purchase, or attempting to

negotiate or negotiating sales or exchanges of interests in new or

used vessels or motors, or new and used vessels or motors, or any

combination thereof;

8. “Dealer agreement” means the agreement, authorization, or

written contract between a manufacturer and distributor and a new

vessel dealer which purports to establish the legal rights and

obligations of the parties to the agreement, authorization, or

written contract with regard to the purchase and sale of new vessels

or new motors;

9. “Designated successor” means one or more persons nominated

by the new vessel dealer, in a written document filed by the dealer

with the manufacturer or distributor at the time the dealer

agreement is executed, to succeed the dealer in the event of the

dealer’s death or incapacity. If a designated successor is not able

to succeed the new vessel dealer because of the designated

successor’s death or legal incapacity, the dealer shall execute a

Oklahoma Statutes - Title 63. Public Health and Safety Page 1605

new document nominating a designated successor within sixty (60)

calendar days after the date of the death or incapacity;

10. “Distributor” means a person, resident or nonresident, who

in whole or in part offers for sale, sells, or distributes a new

vessel or new motor to a new vessel dealer or who maintains a

factory representative, resident or nonresident, or who controls a

person, resident or nonresident, who in whole or in part offers for

sale, sells, or distributes a new vessel or new motor to a new

vessel dealer;

11. “Distributor branch” means a branch office similarly

maintained by a distributor or wholesaler for the same purposes a

factory branch is maintained;

12. “Distributor representative” means any person, firm,

association, corporation, or trust and each officer and employee

thereof engaged as a representative of a distributor or distributor

branch of vessels or motors, for the purpose of making or promoting

the sale of his, her, its, or their vessels or motors, or for

supervising or contacting his, her, its, or their dealers or

prospective dealers;

13. “Documented vessel” means any vessel in this state which

shall have and carry on board the original certificate of

documentation in legible form as issued by the United States Coast

Guard or federal agency successor thereto. All documented vessels

shall be required to display a current State of Oklahoma annual

registration decal;

14. “Factory branch” means a branch office maintained by a

person, firm, association, corporation, or trust who manufactures or

assembles vessels or motors for the sale of vessels or motors to

distributors, or for the sale of vessels or motors to dealers, or

for directing or supervising, in whole or in part, its

representatives;

15. “Factory representative” means any person, firm,

association, corporation, or trust and each officer and employee

thereof engaged as a representative of a manufacturer of vessels or

motors or by a factory branch, for the purpose of making or

promoting the sale of his, her, its, or their vessels or motors, or

for supervising or contacting his, her, its, or their dealers or

prospective dealers;

16. “Hull identification number” means the serial number

affixed to the outside of the hull of a vessel on the upper

starboard side (right) corner of the transom (back wall) which is

assigned by the manufacturer or Service Oklahoma;

17. “Inboard motor” means an internal combustion engine mounted

inside a vessel which provides the transfer of power to move a

vessel through the water;

18. “Inboard/outboard motor” means an internal combustion

engine mounted inside a vessel and an external stern drive attached

Oklahoma Statutes - Title 63. Public Health and Safety Page 1606

through the transom of the vessel providing the transfer of power to

move the vessel through the water;

19. “Johnboat” means a narrow, flat-bottomed square-ended

vessel propelled by a pole, paddle, or a motor of less than ten (10)

horsepower;

20. “Kayak” means a light, narrow vessel with both ends

typically tapered to a sharp point and propelled by human muscular

effort by one or more individuals seated inside or on top of the

vessel using double-bladed paddles, hand cranks, or pedals;

21. “Kiteboard” means a vessel, similar in appearance to a

surfboard, with or without foot straps or bindings, combined with a

large controllable kite to propel the rider and board across the

water;

22. “Lifeboat” means a vessel carried on another vessel in

excess of sixty-five (65) feet for use if such other vessel has to

be abandoned;

23. “Manufacturer” means a person who manufactures or assembles

new vessels or new motors, or a distributor, factory branch, or

factory representative;

24. “Motor” means any internal combustion engine mounted at the

stern of a vessel or placed inside a vessel which provides the

transfer of power to move the vessel through the water;

25. “New vessel dealer” means a person who holds a dealer

agreement granted by a manufacturer or distributor for the sale of

the manufacturer’s or distributor’s vessels or motors, who is

engaged in the business of purchasing, selling, exchanging, or

dealing in new vessels or new motors, and who has an established

place of business;

26. “Operate” means to navigate or be in actual physical

control of a vessel or otherwise use a vessel or motor;

27. “Outboard motor” means an internal combustion engine

capable of being externally mounted at the stern of a vessel which

provides the transfer of power to move a vessel through the water;

28. “Owner” means a person, other than a lienholder, having a

property interest in or title to a vessel or motor. The term

includes a person entitled to the use or possession of a vessel or

motor subject to an interest in another person, reserved or created

by agreement and securing payment or performance of an obligation,

but the term excludes a lessee under a lease not intended as

security;

29. “Paddleboard” means a vessel, similar in appearance to a

surfboard, intended to be propelled only by its occupants using a

single- or double-bladed paddle as a lever without the aid of a

fulcrum provided by oarlocks, thole pins, crutches, or similar

arrangements;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1607

30. “Paddleboat” means a vessel less than eight (8) feet in

length designed to be propelled solely by human power through a

belt, chain, or gears;

31. “Permanent number” means the distinctive and unique number

which:

a. Service Oklahoma permanently assigns to a vessel,

irrespective of any change of ownership of the vessel.

The permanent number shall begin with the letters

“OK”, followed by four numerals, and then followed by

two letters, or

b. any federally recognized Indian tribe in this state

assigns to a vessel;

provided, the number is configured as prescribed in 33 C.F.R., Parts

173 and 174;

32. “Person” means a natural person, partnership, corporation,

association, trust, estate, or other legal entity;

33. “Proposed new vessel dealer” means a person who has an

application pending for a new dealer agreement with a manufacturer

or distributor. Proposed new vessel dealer does not include a

person whose dealer agreement is being renewed or continued;

34. “Purchase date” means the purchase date on a bill of sale

or the date of complete assignment of title by the current owner;

35. “Sailboard” means a vessel, similar in appearance to a

surfboard, equipped with a swivel-mounted mast and sail not secured

to a hull by guys or stays;

36. “State” means the State of Oklahoma;

37. “State of principal use” means the state where the vessel

or motor is used, is to be used, or remains for any period in excess

of sixty (60) calendar days;

38. “Vessel” means every device, other than a seaplane on the

water, used or capable of being used as a means of transportation on

water;

39. “Waters of this state” means and includes all waters within

the territorial limits of this state; provided, such phrase shall

not mean or include waters which are entirely owned by a private

person or persons, and to which the public is not permitted access;

and

40. “Water-thrust device” means a device tethered to the water

jet mechanism of a vessel in a manner so that the water jet of the

powering vessel provides propulsion for the attached device. Such

devices shall be considered a component of the powering vessel.
Okla. Stat. tit. 63, § 63-3278.1 — OK Code / Title 63 / Section 63-3278.1
Oklahoma State University Medical Authority Behavioral
Status: in_force

Health Workforce Development Fund — University Hospitals Authority

Behavioral Health Workforce Development Fund.

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

fund for the Oklahoma State University Medical Authority to be

designated the "Oklahoma State University Medical Authority

Behavioral Health Workforce Development Fund". The fund shall be a

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

consist of appropriated revenues and private endowments. All monies

accruing to the credit of said fund are hereby appropriated and may

be budgeted and expended by the Oklahoma State University Medical

Authority for the purpose of designing and implementing a pilot

program at behavioral health facilities, the purpose of which is to

provide for behavioral health workforce development and access to

behavioral health professionals as provided by law. The purpose of

the pilot program includes, but is not limited to, bed conversion

and new beds; renovations at behavioral health facilities to

accommodate new licensed acute or residential treatment beds;

reallocation of beds from adult acute to child/adolescent acute

beds; relocation assistance for licensed behavioral health staff

currently living out of state; upskilling existing behavioral health

workforce; adding new psychiatric and psychological residencies,

internships and post-doctoral training programs; providing social

work scholarships; providing mental health nursing scholarships;

creating one-time private-sector workforce innovation grants;

providing licensure preparation assistance; and creating a

behavioral health trauma fund for intensive home and community-based

services. 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 1585

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

fund for the University Hospitals Authority to be designated the

"University Hospitals Authority Behavioral Health Workforce

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

to fiscal year limitations, and shall consist of appropriated

revenues and private endowments. All monies accruing to the credit

of said fund are hereby appropriated and may be budgeted and

expended by the University Hospitals Authority for the purpose of

designing and implementing a pilot program at behavioral health

facilities, the purpose of which is to provide for behavioral health

workforce development and access to behavioral health professionals

as provided by law. The purpose of the pilot program includes, but

is not limited to, bed conversion and new beds; renovations at

behavioral health facilities to accommodate new licensed acute or

residential treatment beds; reallocation of beds from adult acute to

child/adolescent acute beds; relocation assistance for licensed

behavioral health staff currently living out of state; upskilling

existing behavioral health workforce; adding new psychiatric and

psychological residencies, internships and post-doctoral training

programs; providing social work scholarships; providing mental

health nursing scholarships; creating one-time private-sector

workforce innovation grants; providing licensure preparation

assistance; and creating a behavioral health trauma fund for

intensive home and community-based services. 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.

C. The Oklahoma State University Medical Authority and the

University Hospitals Authority shall prepare a report for the

Legislature on the results of the first year of funding, includingDevelopment Fund — University Hospitals Authority Behavioral Health Workforce Developmentthe

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.

C. The Oklahoma State University Medical Authority and the

University Hospitals Authority shall prepare a report for the

Legislature on the results of the first year of funding, including

the number of professionals retained and recruited, and the expected

benefits of the program. The report shall be delivered to relevant

health care committee and appropriations subcommittee chairs

following the first full year of implementation.
Okla. Stat. tit. 63, § 63-1-1013.2 — OK Code / Title 63 / Section 63-1-1013.2
Revocation of public bathing place license
Status: in_force

The State Commissioner of Health may suspend or revoke a public

bathing place license on any of the following grounds:

1. Violation of any of the provisions of this act or State

Board of Health rules promulgated pursuant thereto;

2. Permitting, aiding or abetting the commission of any illegal

act in or on the premises of the licensed public bathing place; or

3. Conduct or practices by the owner, management or any

employee of the public bathing place deemed by the Commissioner to

be detrimental to the health, safety or welfare of any person.
Okla. Stat. tit. 63, § 63-2-208 — OK Code / Title 63 / Section 63-2-208
Schedule III
Status: in_force

The controlled substances listed in this section are included in

Schedule III.

A. Unless listed in another schedule, any material, compound,

mixture, or preparation, which contains any quantity of the

following substances or any other substance having a potential for

abuse associated with a stimulant or depressant effect on the

central nervous system:

1. Any drug product containing gamma-hydroxybutyric acid,

including its salts, isomers, and salts of isomers, for which an

application has been approved under Section 505 of the Federal Food,

Drug, and Cosmetic Act;

2. Any material, compound, mixture, or preparation which

contains any quantity of the following hormonal substances or

steroids, including their salts, isomers, esters and salts of

isomers and esters, when the existence of these salts, isomers,

esters, and salts of isomers and esters is possible within the

specific chemical designation:

a. Boldenone,

b. Chlorotestosterone,

c. Clostebol,

d. Dehydrochlormethyltestosterone,

Oklahoma Statutes - Title 63. Public Health and Safety Page 924

e. Dihydrotestosterone,

f. Drostanolone,

g. Ethylestrenol,

h. Fluoxymesterone,

i. Formebolone,

j. Mesterolone,

k. Methandienone,

l. Methandranone,

m. Methandriol,

n. Methandrostenolone,

o. Methenolone,

p. Methyltestosterone, except as provided in subsection E

of this section,

q. Mibolerone,

r. Nandrolone,

s. Norethandrolone,

t. Oxandrolone,

u. Oxymesterone,

v. Oxymetholone,

w. Stanolone,

x. Stanozolol,

y. Testolactone,

z. Testosterone, except as provided in subsection E of

this section, and

aa. Trenbolone;

3. Any substance which contains any quantity of a derivative of

barbituric acid, or any salt of a derivative of barbituric acid;

4. Benzephetamine and its salts;

5. Buprenorphine;

6. Butalbital/acetaminophen/caffeine;

7. Chlorhexadol;

8. Chlorphentermine and its salts;

9. Clortermine;

10. Glutethimide;

11. Ketamine, its salts, isomers, and salts of isomers;

12. Lysergic acid;

13. Lysergic acid amide;

14. Mazindol;

15. Methyprylon;

16. Phendimetrazine;

17. Phenylacetone (P2P);

18. Sulfondiethylmethane;

19. Sulfonethylmethane;

20. Sulfonmethane;

21. Tetrahydrocannibinols;

22. 1-Phenycyclohexylamine; or

23. 1-Piperidinocychexanecarbo nitrile (PCC).

Oklahoma Statutes - Title 63. Public Health and Safety Page 925

Livestock implants as regulated by the Federal Food and Drug

Administration shall be exempt.

B. Nalorphine.

C. Unless listed in another schedule, any material, compound,

mixture, or preparation containing limited quantities of any of the

following narcotic drugs, or any salts thereof:

1. Not more than one and eight-tenths (1.8) grams of codeine or

any of its salts, per one hundred (100) milliliters or not more than

ninety (90) milligrams per dosage unit, with an equal or greater

quantity of an isoquinoline alkaloid of opium;

2. Not more than one and eight-tenths (1.8) grams of codeine or

any of its salts, per one hundred (100) milliliters or not more than

ninety (90) milligrams per dosage unit, with one or more active,

nonnarcotic ingredients in recognized therapeutic amounts;

3. Not more than one and eight-tenths (1.8) grams of

dihydrocodeine or any of its salts, per one hundred (100)

milliliters or not more than ninety (90) milligrams per dosage unit,

with one or more active, nonnarcotic ingredients in recognized

therapeutic amounts;

4. Not more than three hundred (300) milligrams of

ethylmorphine or any of its salts, per one hundred (100) milliliters

or not more than fifteen (15) milligrams per dosage unit, with one

or more ingredients in recognized therapeutic amounts;

5. Not more than five hundred (500) milligrams of opium per one

hundred (100) milliliters or per one hundred (100) grams, or not

more than twenty-five (25) milligrams per dosage unit, with one or

more active, nonnarcotic ingredients in recognized therapeutic

amounts; or

6. Not more than fifty (50) milligrams of morphine or any of

its salts, per one hundred (100) milliliters or per one hundred

(100) grams with one or more active, nonnarcotic ingredients in

recognized therapeutic amounts.

D. The Board of Pharmacy may except by rule any compound,

mixture, or preparation containing any stimulant or depressant

substance listed in subsections A and B of this section from the

application of all or any part of the Uniform Controlled Dangerous

Substances Act if the compound, mixture, or preparation contains one

or more active medicinal ingredients not having a stimulant or

depressant effect on the central nervous system, and if the

admixtures are included therein in combinations, quantity,

proportion, or concentration that vitiate the potential for abuse of

the substances which have a stimulant or depressant effect on the

central nervous system.

E. The following hormonal substances or steroids are exempt

from classification as Schedule III controlled dangerous substances:

1. Estratest, containing 1.25 mg esterified estrogens and 2.5

mg methyltestosterone;

Oklahoma Statutes - Title 63. Public Health and Safety Page 926

2. Estratest HS, containing 0.625 mg esterified estrogens and

1.25 mg methyltestosterone;

3. Premarin with Methyltestosterone, containing 1.25 mg

conjugated estrogens and 10.0 mg methyltestosterone;

4. Premarin with Methyltestosterone, containing 0.625 mg

conjugated estrogens and 5.0 mg methyltestosterone;

5. Testosterone Cypionate - Estrodiol Cypionate injection,

containing 50 mg/ml Testosterone Cypionate; and

6. Testosterone Enanthate - Estradiol Valerate injection,

containing 90 mg/ml Testosterone Enanthate and 4 mg/ml Estradiol

Valerate.
Okla. Stat. tit. 63, § 63-1052 — OK Code / Title 63 / Section 63-1052
Application of act
Status: in_force

The provisions of this act shall apply in all counties of this

state.
Okla. Stat. tit. 63, § 63-705 — OK Code / Title 63 / Section 63-705
License tax
Status: in_force

Cities and towns wherein shooting galleries are operated are

hereby authorized to levy and collect a license tax upon their

operation, which license tax shall not exceed Twenty Dollars

($20.00) per year.
Okla. Stat. tit. 63, § 63-3160 — OK Code / Title 63 / Section 63-3160
Short title - Medical Treatment Laws Information Act
Status: in_force

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

Treatment Laws Information Act".
Okla. Stat. tit. 63, § 63-1-2414.1 — OK Code / Title 63 / Section 63-1-2414.1
Renumbered as § 2-10-305 of Title 27A by Laws 1993,
Status: in_force

c. 145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1950.3 — OK Code / Title 63 / Section 63-1-1950.3
Nurses aides - Employment of persons not licensed –
Status: in_force

Medication aides – Rules for medication administration.

Oklahoma Statutes - Title 63. Public Health and Safety Page 761

A. 1. A nursing facility, specialized facility, continuum of

care facility, assisted living center, adult day care or residential

home, or facility operated by the Oklahoma Department of Veterans

Affairs, shall not employ as a nurse aide, on a full-time,

temporary, per diem, or any other basis, any individual who is not

certified as a nurse aide in good standing and is not eligible for

placement on the nurse aide registry maintained by the State

Department of Health.

2. The Department may grant a temporary emergency waiver to the

provisions of this paragraph to any nursing facility, continuum of

care facility, assisted living center or adult day care or

residential home which can demonstrate that such facility, home or

institution has been unable to successfully meet its staffing

requirements related to the provisions of this paragraph.

B. Such waiver shall require the following:

1. An individual employed as a nurse aide who is enrolled in a

Department-approved training and competency evaluation program for

nurse aides shall successfully complete such training and competency

evaluations within four (4) months of entering the training program;

2. The individual shall obtain certification, and the

Department shall place the nurse aide on the registry within thirty

(30) days after demonstration of competency;

3. Any nursing facility, specialized facility, continuum of

care facility, assisted living center, adult day care or residential

care home that employs an individual who is in nurse aide training,

as provided in this section, shall ensure that the trainee shall:

a. complete the required training and competency program

as provided in rules prior to any direct contact with

a resident or client,

b. not perform any service for which the trainee has not

trained and been determined proficient by the

instructor, and

c. be supervised at all times by no less than a licensed

practical nurse; and

4. No employer may use as a nurse aide an individual who has

not completed the nurse aide training and competency program within

the required four-month period.

C. For purposes of this section, "four (4) months" means the

equivalent of four (4) months of full-time employment as a nurse

aide by any employer in any nursing facility, specialized facility,

continuum of care facility, assisted living center, adult day care

or residential care home.

D. 1. The Department may grant a trainee a one-time extension

of the four-month training requirement if:

a. such requirement causes an undue hardship for the

trainee due to unusual circumstances or illness, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 762

b. the trainee has demonstrated a good faith effort to

complete the training and competency evaluation

program.

2. The State Board of Health shall promulgate rules related to

the review of and the process and conditions for such an extension.

E. 1. Certified medication aides, upon successful completion

of competency standards or prescribed training courses, shall be

eligible to distribute medications or treatments provided by

paragraph 2 of this subsection within a:

a. correctional facility, as set forth in Section 623 of

Title 57 of the Oklahoma Statutes,

b. correctional facility operated by a contractor of the

Department of Corrections,

c. county or municipal jail,

d. nursing facility,

e. specialized facility,

f. continuum of care facility,

g. assisted living center,

h. adult day care,

i. residential care home, or

j. facilities operated by the Oklahoma Department of

Veterans Affairs.

2. Certified medication aides may:

a. perform fingerstick blood sugars,

b. administer diabetic medications, including

subcutaneous injections of insulin, provided that the

certified medication aide has completed a Department-

approved advanced training program on diabetes and the

administration of diabetes medications, including

injections,

c. administer medications, first aid treatments and

nutrition; by oral, rectal, vaginal, otic, ophthalmic,

nasal, skin, topical, transdermal, and

nasogastric/gastrostomy tubes routes, and

d. administer oral metered dose inhalers and nebulizers;

3. The State Board of Health shall establish rules necessary to

ensure the safety of medication administration by certified

medication aides, including but not limited to:

a. competency and practice standards for medication

aides,

b. maintaining a list of skills and functions that

medication aides will be able to perform upon

completion of certification course work,

c. certification and recertification requirements for

medication aides,

Oklahoma Statutes - Title 63. Public Health and Safety Page 763

d. development of criteria and procedures for approval or

disapproval of training and competency evaluation

programs, and

e. procedures for denying, suspending, withdrawing, or

refusing to renew certification for a medication aide;

4. Each facility shall develop policies and procedures that

comply with the provisions of this subsection and rules promulgated

by the State Board of Health. This policy shall be reviewed and

approved by the facility Medical Director, Director of Nurses and/or

Registered Nurse Consultant.

F. Any person convicted of violating any of the provisions of

this section or Section 1-1950.1 of this title shall be guilty of a

misdemeanor, punishable by a fine of not less than One Hundred

Dollars ($100.00) nor more than Three Hundred Dollars ($300.00),

imprisonment in the county jail for not more than thirty (30) days,

or by both such fine and imprisonment.
Okla. Stat. tit. 63, § 63-1-324.2 — OK Code / Title 63 / Section 63-1-324.2
Unlawful acts - Penalties
Status: in_force

A. It shall be unlawful for any person to commit any of the

following specified acts in relation to disinterment permits issued

by this state:

1. Create, issue, or present a fictitious disinterment permit;

2. Apply for a disinterment permit under false pretenses;

3. Alter information contained on a disinterment permit;

4. Obtain, display or represent a disinterment permit for the

purpose of fraud;

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

or otherwise commit fraud in an application for a disinterment

permit; or

6. Reinter the remains in a location other than that specified

on the permit.

B. A violation of any of the provisions of this section shall

constitute a misdemeanor for a first offense and, upon conviction,

shall be punishable by a fine not exceeding Ten Thousand Dollars

($10,000.00). Any second or subsequent offense shall constitute a

felony and, upon conviction, shall be punishable by a fine of up to

Oklahoma Statutes - Title 63. Public Health and Safety Page 202

Ten Thousand Dollars ($10,000.00) or imprisonment in the custody of

the Department of Corrections for a term of not more than two (2)

years, or both.
Okla. Stat. tit. 63, § 63-1094 — OK Code / Title 63 / Section 63-1094
Availability of funds
Status: in_force

Funds appropriated or otherwise available to any state agency

for the acquisition of real property or any interest therein for a

particular program or project shall be available also for obligation

and expenditure to carry out the provisions of this act as applied

to that program or project.
Okla. Stat. tit. 63, § 63-4214 — OK Code / Title 63 / Section 63-4214
Collision, accident, or other casualty - Rendering of
Status: in_force

assistance by vessel operator - Notice - Accident report - Notice to

appear - Written report – Drug and alcohol test.

A. The operator and/or passenger of a vessel involved in a

collision, accident, or other casualty, shall render to other

persons involved in the collision, accident, or other casualty

reasonable assistance as may be necessary and practicable and shall

immediately, by the quickest means of communication, give notice of

such accident to the local police department if such accident occurs

within a municipality, or to the office of the county sheriff or

nearest state highway patrol headquarters after complying with the

requirements of this section. The operator of a vessel involved in

a collision, accident, or other casualty shall give his name,

address, and identification of his vessel, in writing, to any person

injured in the collision, accident, or other casualty and to the

owner of any property damaged in the collision, accident, or other

casualty.

B. Any operator of a vessel involved in a collision, accident,

or other casualty who could be cited for a violation of the Oklahoma

Boating Safety Regulation Act where the collision, accident or other

casualty resulted in the immediate death or great bodily injury, as

defined in subsection B of Section 646 of Title 21 of the Oklahoma

Statutes, of any person shall submit to drug and alcohol testing as

soon as practicable after such collision, accident or other casualty

occurs. The boating violation shall constitute probable cause for

purposes of Section 752 of Title 47 of the Oklahoma Statutes and the

procedures found in Section 752 of Title 47 of the Oklahoma Statutes

shall be followed to determine the presence of alcohol or controlled

dangerous substances within the blood system of the operator of the

vessel.

C. If a collision, accident, or other casualty results in death

or injury to a person or damage to property in excess of Two

Thousand Dollars ($2,000.00), the operator of the vessel involved in

the collision, accident, or other casualty shall file with the

Department of Public Safety a full description of the collision,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1684

accident, or other casualty, and such information as the Department

may require. No person shall be prosecuted or subjected to any

penalty for providing such report to the Department and any

statement or information included in such report shall not be

received against the person upon any criminal investigation,

proceeding or trial.

D. Whenever a person is halted by any duly authorized peace

officer of this state for any violation of Chapters 70, 71 or 72 of

this title, which shall be punishable as a misdemeanor, and is not

taken before a magistrate as hereinbefore required or permitted, the

officer shall prepare in quadruplicate using the "Oklahoma Uniform

Violations Complaint", a written notice to appear in court, such

notices to appear to be serially numbered, containing the name and

address of the person, the state registration number of the vessel,

if any, the offense charged, the time and place when and where the

person shall appear in court, and such other pertinent information

as may be necessary.

E. The time specified in the notice to appear must be at least

five (5) calendar days after the alleged violation unless the person

charged with the violation shall demand an earlier hearing.

F. The person charged with the violation may give his written

promise to appear in court by signing the written notice to appear

prepared by the officer, in which event the officer shall deliver a

copy of the notice to appear to the person, and thereupon the

officer shall not take the person into physical custody for the

violation.

G. If the person charged with the violation is a minor, then

the citing officer shall ascertain from the minor the name and

address of the parents or legal guardian of the minor, and the

officer shall cause a copy of the "violation" to be mailed to the

address of the parents or legal guardian, within three (3) calendar

days after the date of violation.

H. Except for felony violations, any duly authorized peace

officer of this state at the scene of a boating accident may issue a

written notice to appear to the operator of a vessel involved in the

accident when, based upon personal investigation, the officer has

reasonable and probable grounds to believe that the person has

committed any offense in connection with the accident.

I. In accordance with any request duly made by an authorized

official or agency of the United States, any information compiled or

otherwise available to the Department of Public Safety pursuant to

this section shall be transmitted to the official or agency of the

United States.

J. Any employee or officer of an agency of this state, or

employee or officer of a municipality or county in this state, shall

make a written report to the Department of Public Safety if an

Oklahoma Statutes - Title 63. Public Health and Safety Page 1685

occurrence involving a vessel or its equipment results in one or

more of the following:

1. A person dies;

2. A person is injured and requires medical treatment beyond

first aid;

3. Damage to the vessel and other property totals more than Two

Thousand Dollars ($2,000.00) or there is a complete loss of the

vessel;

4. A person disappears from the vessel under circumstances that

indicate death or injury;

5. A person drowns in swimming to retrieve a vessel that is

adrift from its mooring or dock, having departed from a position of

inherent safety such as a shore or pier;

6. A person drowns while swimming from a vessel for pleasure

and the vessel does not contribute to the drowning;

7. A person drowns after falling from a vessel that is moored

or anchored for use as a swimming platform or other purpose;

8. A person dies or is injured while in the act of launching a

vessel into a body of water;

9. A person drowns or is injured while surfing;

10. A fatality or injury occurs to an operator or a crew member

while participating in an organized/sanctioned race, or warm-up, in

a vessel uniquely designed for racing; or

11. Damage, injury or death on a docked, moored or anchored

vessel resulting from unusual wake or wave conditions.
Okla. Stat. tit. 63, § 63-1-2005.3 — OK Code / Title 63 / Section 63-1-2005.3
Renumbered as § 2-7-115 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-5000.25 — OK Code / Title 63 / Section 63-5000.25
Results-based funding pilot project
Status: in_force

A. The Oklahoma Health Care Authority, upon approval of the

Health Care Financing Administration, is directed to develop a

results-based funding pilot project for eligible persons who

participate in the Oklahoma Medicaid program and who are currently

receiving outpatient behavioral health services, if funds become

available.

B. As used in this section:

1. “Results-based funding” means an approach which emphasizes

performance outcome measures, accountability of programmatic

results, program results showing cost efficiency and effectiveness

for the delivery of such program service, and consumer choice and

satisfaction; and

2. "Medicaid" means the medical assistance program established

in Title XIX of the Social Security Act, 42 U.S.C.A., Section 1396

et seq., and administered in this state by the Oklahoma Health Care

Authority.
Okla. Stat. tit. 63, § 63-477 — OK Code / Title 63 / Section 63-477
Sanitation of charitable institutions
Status: in_force

The county commissioners shall provide necessary supplies and

cause the charitable institutions of their county to be maintained

in a clean and sanitary condition at all times. Enforcement of this

section shall be the responsibility of the Director of the

Department of Public Welfare.
Okla. Stat. tit. 63, § 63-1-737.16 — OK Code / Title 63 / Section 63-1-737.16
Severability
Status: in_force

If any one or more provisions, sections, subsections, sentences,

clauses, phrases or words of this act or the application thereof to

any person or circumstance is found to be unconstitutional, the same

Oklahoma Statutes - Title 63. Public Health and Safety Page 321

is hereby declared to be severable and the balance of this act shall

remain effective notwithstanding such unconstitutionality. The

Legislature hereby declares that it would have passed this act, and

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

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

provisions, sections, subsections, sentences, clauses, phrases or

words be declared unconstitutional.
Okla. Stat. tit. 63, § 63-944.3 — OK Code / Title 63 / Section 63-944.3
Declined autopsy — Notice to legal custodian of the
Status: in_force

deceased.

A. If, in the course of an investigation, the Office of the

Chief Medical Examiner declines to conduct an autopsy under Section

944 of Title 63 of the Oklahoma Statutes, the Office shall make a

good faith effort to so inform the person legally entitled to the

custody of the body of the deceased through a written or electronic

notice upon or before release of the body. The notice shall

contain:

1. A statement disclosing that an autopsy was not conducted;

2. The contact information of a family assistance coordinator

as described in subsection C of this section;

3. A statement that the person may have the right to request a

private autopsy at personal expense from an authorized physician or

hospital under Section 1154 of Title 21 of the Oklahoma Statutes

prior to the final disposition of the body; and

4. A statement that the person may request reports produced by

the Office as provided by law upon conclusion of the investigation

and completion of the case.

B. A licensed funeral director shall make a good faith effort

to assist the Office of the Chief Medical Examiner in implementing

the requirements of subsection A of this section including, but not

limited to, by providing the Office with the contact information of

the person legally entitled to the custody of the body upon request

by the Office.

C. The Office shall create a process by which the person

legally entitled to the custody of a body or his or her

representative may ask questions of, and receive responses from, a

family assistance coordinator regarding the medicolegal

investigation and other relevant topics within the purview of the

Office.
Okla. Stat. tit. 63, § 63-1054 — OK Code / Title 63 / Section 63-1054
Definitions
Status: in_force

The following terms, wherever used or referred to in this act,

shall have the following respective meanings, unless a different

meaning clearly appears from the context:

(a) "Authority" means any public body corporate and politic

created by this act.

(b) "City" means any incorporated city or town in the state.

"County" means any county in the state.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1306

(c) "Governing body" means, in the case of a city, the council

or other governing body of the city in which is vested legislative

authority customarily imposed on the city council, and, in the case

of a county, the board of county commissioners.

(d) "Mayor" means the mayor of the city or the officer thereof

charged with the duties customarily imposed on the mayor or

executive head of a city.

(e) "Clerk" means the city clerk or the county clerk, as the

case may be.

(f) "Area of operation" means:

(1) in the case of an authority of a city, the city and the area

within one (1) mile of the territorial boundaries thereof, except

that the area of operation of an authority of any city shall not

include any area which lies within the territorial boundaries of

some other city;

(2) in the case of an authority of a county, all of the county

for which it is created: Provided, that a county authority shall not

undertake any project within the boundaries of any city unless a

resolution shall have been adopted by the governing body of the city

and by any authority which shall have been theretofore established

and authorized to exercise its powers in the city declaring that

there is need for the county authority to exercise its powers within

that city. No authority shall operate in any area in which an

authority already established is operating without the consent by

resolution of the authority already operating therein.

(g) "Federal government" includes the United States of America,

the Public Housing Administration, or any other agency or

instrumentality, corporate or otherwise, of the United States of

America.

(h) "Slum" means any area where dwellings predominate which by

reason of dilapidation, overcrowding, faulty arrangement or design,

lack of ventilation, light, or sanitary facilities, or any

combination of these factors, are detrimental to safety, health and

morals.

(i) "Housing project" or "project" means any work or undertaking

on contiguous or noncontiguous sites:

(1) to demolish, clear, or remove buildings from any slum

area;

(2) to provide or assist in providing (by any suitable method,

including but not limited to: rental; sale of individual units in

single or multifamily structures under conventional, condominium, or

cooperative sales contract; lease-purchase agreement; loans; or

subsidizing of rentals or charges) decent, safe and sanitary urban

or rural dwellings, apartments, or other living accommodations for

persons of low income; or

(3) to accomplish a combination of the foregoing. Such work or

undertaking may include buildings, land, equipment, facilities, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1307

other real or personal property for necessary, convenient or

desirable appurtenances; streets, sewers, water service, utilities,

parks, site preparation, and landscaping; and facilities for

administrative, community, health, recreational, welfare, or other

purposes. The term "housing project" or "project" also may be

applied to the planning of the buildings and improvements, the

acquisition of property or any interest therein, the demolition of

existing structures, the construction, reconstruction,

rehabilitation, alteration or repair of the improvements and all

other work in connection therewith; and the term shall include all

other real and personal property and all tangible or intangible

assets held or used in connection with the housing project.

(j) "Persons of low income" shall mean persons or families who

lack the amount of income which is necessary (as determined by the

authority undertaking the housing project) to enable them, without

financial assistance, to live in decent, safe and sanitary

dwellings, without overcrowding, however, the local housing

authority shall not exceed the guidelines in establishing incomes

set forth by the Department of Housing and Urban Development.

(k) "Bonds" means any bonds, notes, interim certificates,

debentures, or other obligations issued by an authority pursuant to

this act.

(l) "Real property" includes all lands, including improvements

and fixtures thereon, and property of any nature appurtenant

thereto, or used in connection therewith, and every estate, interest

and right, legal or equitable, therein including terms for years.

(m) "Obligee of an authority" or "obligee" includes any

bondholder, agent or trustee for any bondholder, or lessor demising

to the authority property used in connection with a project, or any

assignee or assignees of such lessor's interest or any part thereof,

and the federal government when it is a party to any contract with

the authority.

(n) "Persons engaged in national defense activities" means

persons in the Armed Forces of the United States; employees of the

Department of Defense; and workers engaged or to be engaged in

activities connected with national defense. The term also includes

the families of the persons, employees, and workers who reside with

them.

(o) "Major disaster" means any flood, drought, fire, hurricane,

tornado, earthquake, storm, or other catastrophe which, in the

determination of the governing body, is of sufficient severity and

magnitude to warrant the use of available resources of the federal,

state, and local governments to alleviate the damage, hardship, or

suffering caused thereby.

(p) "State public body" means any city, county, municipal

corporation, commission, district, authority, agency, subdivision,

or public body of the state.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1308
Okla. Stat. tit. 63, § 63-1-291.2 — OK Code / Title 63 / Section 63-1-291.2
Hyperbaric oxygen treatment defined
Status: in_force

For the purposes of this act, "hyperbaric oxygen treatment"

(HBOT) shall mean treatment with a valid prescription from a medical

doctor or doctor of osteopathy in either a hyperbaric chamber

Oklahoma Statutes - Title 63. Public Health and Safety Page 170

cleared by the United States Food and Drug Administration (FDA) or a

device with an appropriate FDA-approved investigational device

exemption, located at a facility in compliance with applicable state

fire codes and supervised in accordance with requirements in the

Oklahoma Veterans Traumatic Brain Injury Treatment and Recovery Act

of 2014. The treatment shall be delivered solely by authorized,

licensed or nationally certified health care providers in accordance

with federal and state law.
Okla. Stat. tit. 63, § 63-427.3a — OK Code / Title 63 / Section 63-427.3a
County Sheriff Public Safety Grant Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Medical Marijuana Authority to be designated the

"County Sheriff Public Safety Grant Revolving Fund". The fund shall

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

shall consist of all monies received by the Oklahoma Medical

Marijuana Authority that are appropriated or apportioned to this

fund, and any federal funds, grants, and donations from any public

or private source for the purpose of supporting county sheriffs.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Oklahoma

Medical Marijuana Authority for the purpose of establishing programs

and providing funding to support county sheriffs to enforce the

requirements of state law with respect to the commercial growth of

medical marijuana or other related business activity for which a

license is required pursuant to the provisions of law governing the

production, cultivation, transportation, distribution, sale, or

other actions related to medical marijuana. 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, § 63-2200.15A — OK Code / Title 63 / Section 63-2200.15A
Coordination of procurement and use of gifts
Status: in_force

Each hospital in this state shall enter into agreements or

affiliations with procurement organizations for coordination of

procurement and use of anatomical gifts.
Okla. Stat. tit. 63, § 63-1-756.13 — OK Code / Title 63 / Section 63-1-756.13
Joint resolution for legislators to intervene in
Status: in_force

cases challenging constitutionality.

The Legislature, by joint resolution, may appoint one or more of

its members, who sponsored or cosponsored this act in his or her

official capacity, to intervene as a matter of right in any case in

which the constitutionality of this act is challenged.
Okla. Stat. tit. 63, § 63-1-738.3g — OK Code / Title 63 / Section 63-1-738.3g
Reasonable costs and attorney fees
Status: in_force

If judgment is rendered in favor of the plaintiff in any action

pursuant to Section 1 of this act, the court shall also render

judgment for costs including reasonable expert witness fees and for

a reasonable attorney fee in favor of the plaintiff against the

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

the court finds that the plaintiff's suit was frivolous,

unreasonable or without foundation, the court shall also render

judgment for costs including reasonable expert witness fees and for

a reasonable attorney fee in favor of the defendant against the

plaintiff.
Okla. Stat. tit. 63, § 63-690.4 — OK Code / Title 63 / Section 63-690.4
Grants or loans for flood hazard mitigation
Status: in_force

A. A political subdivision of this state may apply to the

Oklahoma Department of Emergency Management for a grant or loan for

flood hazard mitigation projects on forms provided by the

Department.

B. Grants or loans for flood hazard mitigation shall be

prioritized by the State Hazard Mitigation Team based on the

following considerations:

1. The extent and effectiveness of flood mitigation measures

already implemented by the political subdivision requesting the

grant;

2. The feasibility, practicality, and effectiveness of the

proposed flood mitigation measures and the associated benefits and

detriments;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1271

3. The level of assistance that should be provided to the

political subdivision, based on available facts regarding the

nature, extent, and severity of the flood hazard problems;

4. The frequency of occurrence of flooding disasters that has

resulted in declaration of the area as a flood disaster area by the

Governor of this state or by the President of the United States;

5. The economic, social, and environmental benefits and

detriments of the proposed flood mitigation measures;

6. Whether the floodplain management ordinance or regulation

adopted by the political subdivision meets the minimum standards

established by the Federal Emergency Management Agency, the degree

of enforcement of the ordinance or regulation, and whether the

political subdivision is complying with the ordinance or regulation;

7. The financial capability of the political subdivision to

solve its flood hazard problems without financial assistance; and

8. The estimated cost and method of financing of the proposed

flood mitigation measures based on local money and federal and state

financial assistance.

C. A grant shall not exceed seventy-five percent (75%) of the

total cost of the proposed mitigation project and a loan shall not

exceed the total cost of the proposed mitigation project.
Okla. Stat. tit. 63, § 63-1-818.7 — OK Code / Title 63 / Section 63-1-818.7
Renumbered as § 1430.7 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-303 — OK Code / Title 63 / Section 63-1-303
System of vital statistics
Status: in_force

The State Commissioner of Health shall install, maintain and

operate a system of vital statistics throughout this state.
Okla. Stat. tit. 63, § 63-3102.5 — OK Code / Title 63 / Section 63-3102.5
Persons not authorized to make health care decisions
Status: in_force

A. No person shall be authorized under Section 3102.4 of this

title to make health care decisions for a patient if that person:

1. Has been convicted of, pled guilty to, or pled no contest to

any violation of Section 843.1, 843.2, 843.4 or 843.5 of Title 21 of

the Oklahoma Statutes;

2. Has been found to have committed abuse, verbal abuse or

exploitation, as these terms are defined in Section 10-103 of Title

43A of the Oklahoma Statutes, by a final State Department of Health

or Department of Human Services investigative finding or by an

administrative law judge finding, unless that finding has been

overturned through judicial review; or

3. Has been criminally charged as described in subsection B of

Section 10-110.1 of Title 43A of the Oklahoma Statutes, unless the

person has been acquitted or those charges have been finally

dismissed.

B. No health care provider or health care entity shall be

liable for following in good faith the instructions of a person

otherwise authorized to make health care decisions for a patient and

who has submitted the statement as required by Section 3102.4 of

this title, but whom the health care provider or health care entity

does not know or have reason to know is disqualified from exercising

such authority by subsection A of this section.
Okla. Stat. tit. 63, § 63-1-1301.17 — OK Code / Title 63 / Section 63-1-1301.17
Renumbered as § 7-417 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1-2414 — OK Code / Title 63 / Section 63-1-2414
Renumbered as § 2-10-301 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-5009.4 — OK Code / Title 63 / Section 63-5009.4
Advisory Task Force on SoonerCare – Duties
Status: in_force

A. The duties of the Advisory Task Force on SoonerCare shall

include:

1. Addressing methods of educating SoonerCare members regarding

access to and proper utilization of emergency medical services

provided by hospitals and other health care providers;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1715

2. Reviewing the eligibility determination process of the

Department of Human Services to ensure accuracy on physician

assignments and adequacy of education regarding availability of and

access to services;

3. Reviewing issues related to notification of participants by

contracting providers as a condition of payment;

4. Actively promoting equitable reimbursement rates for

emergency room screening; and

5. Addressing patient and provider educational endeavors

necessary for expansion of SoonerCare to the Aged, Blind and

Disabled and Title XXI populations.

B. The Task Force shall make recommendations to the Governor,

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

of Representatives no later than January 31, 2001.
Okla. Stat. tit. 63, § 63-1-821 — OK Code / Title 63 / Section 63-1-821
Rules - Powers and duties
Status: in_force

A. The State Board of Health shall promulgate rules to enforce

the provisions of the Residential Care Act which shall include, but

not be limited to, provisions for temperature settings, lighting,

ventilation, and other physical conditions that affect the health,

safety and welfare of the residents in a home. Residential care

homes that provide care for three or fewer residents shall be

subject to the provisions of the Residential Care Act; provided,

however, if such rules unduly restrict operation of the home, the

Board shall be authorized and shall promulgate additional rules for

residential care homes based upon the number of residents in a home.

B. The State Department of Health shall have the power and duty

to:

1. Issue, renew, deny, modify, suspend, and revoke licenses for

homes pursuant to the provisions of the Residential Care Act;

2. Enforce the provisions of the Residential Care Act and any

rules promulgated pursuant thereto by the Board, and require the

submission and review of reports from any person establishing or

operating a home;

3. Enter upon any public or private property for the purpose

of:

Oklahoma Statutes - Title 63. Public Health and Safety Page 472

a. inspecting and investigating conditions of the

residents in the home,

b. inspecting and investigating the home for compliance

with the provisions of the Residential Care Act or

rules promulgated pursuant thereto, or

c. determining if services are being provided without a

license;

4. Employ or designate personnel to conduct investigations and

inspections, to make reports of the condition of homes and the

residents of such homes, and to take necessary action pursuant to

the provisions of the Residential Care Act to protect and safeguard

the health, safety, and welfare of residents of homes;

5. Establish a procedure for receipt and investigation of

complaints regarding a home or concerning the condition, care, and

treatment of a resident of a home;

6. Report to the district attorney having jurisdiction or the

Attorney General any act committed by an owner, administrator,

operator, or employee of a home which may constitute a misdemeanor

pursuant to the provisions of the Residential Care Act;

7. Advise, consult, and cooperate with other agencies of this

state, the federal government, other states and interstate agencies,

and with affected groups and political subdivisions to further the

purposes of the provisions of the Residential Care Act;

8. Investigate, request or otherwise obtain the information

necessary to determine the qualifications and background of an

applicant for licensure;

9. Establish civil penalties for violations of the provisions

of the Residential Care Act as authorized by the Board pursuant to

the provisions of the Residential Care Act;

10. Institute and maintain or intervene in any action or

proceeding where deemed necessary by the Department to protect the

health, safety, and welfare of any resident of a home;

11. Assure the accountability for reimbursed care provided in

certified homes participating in a federal or state health program

as provided by or through the Department of Human Services;

12. Advise, consult, cooperate and assist with technology

center schools or institutions of higher education in this state in

providing the training of persons to distribute and administer

medication to a resident of a home;

13. Transfer or discharge a resident or otherwise protect the

health, safety, and welfare of any resident of a home; and

14. Exercise all incidental powers as necessary and proper for

the administration of the Residential Care Act.

C. To improve patient care, the Department shall hold a public

meeting at least once every four (4) years in each of the licensed

homes to advise and to facilitate communication and cooperation

between personnel of the home and the residents. Administrators,

Oklahoma Statutes - Title 63. Public Health and Safety Page 473

employees of the home, residents, friends and relatives of the

residents, representatives of the residents, and employees from

appropriate state and federal agencies shall be invited and

encouraged to attend such meetings.
Okla. Stat. tit. 63, § 63-7300 — OK Code / Title 63 / Section 63-7300
Interstate Health Care Compact
Status: in_force

WHEREAS, the separation of powers, both between the branches of

the Federal government and between Federal and State authority, is

essential to the preservation of individual liberty;

WHEREAS, the Constitution creates a Federal government of

limited and enumerated powers, and reserves to the States or to the

people those powers not granted to the Federal government;

WHEREAS, the Federal government has enacted many laws that have

preempted State laws with respect to Health Care, and placed

increasing strain on State budgets, impairing other responsibilities

such as education, infrastructure, and public safety;

WHEREAS, the Member States seek to protect individual liberty

and personal control over Health Care decisions, and believe the

best method to achieve these ends is by vesting regulatory authority

over Health Care in the States;

WHEREAS, by acting in concert, the Member States may express and

inspire confidence in the ability of each Member State to govern

Health Care effectively; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1784

WHEREAS, the Member States recognize that consent of Congress

may be more easily secured if the Member States collectively seek

consent through an interstate compact.

NOW THEREFORE, the Member States hereto resolve, and by the

adoption into law under their respective State Constitutions of this

Health Care Compact, agree, as follows:

Sec. 1. Definitions.

As used in this Compact, unless the context clearly indicates

otherwise:

1. “Commission” means the Interstate Advisory Health Care

Commission.

2. “Effective Date” means the date upon which this Compact

shall become effective for purposes of the operation of State and

Federal law in a Member State, which shall be the later of:

(a) the date upon which this Compact shall be adopted under the

laws of the Member State, and

(b) the date upon which this Compact receives the consent of

Congress pursuant to Article I, Section 10, of the United States

Constitution, after at least two Member States adopt this Compact.

3. “Health Care” means care, services, supplies, or plans

related to the health of an individual and includes but is not

limited to:

(a) preventive, diagnostic, therapeutic, rehabilitative,

maintenance, or palliative care and counseling, service, assessment,

or procedure with respect to the physical or mental condition or

functional status of an individual or that affects the structure or

function of the body, and

(b) sale or dispensing of a drug, device, equipment, or other

item in accordance with a prescription, and

(c) an individual or group plan that provides, or pays the cost

of, care, services, or supplies related to the health of an

individual, except any care, services, supplies, or plans provided

by the United States Department of Defense and United States

Department of Veterans Affairs, or provided to Native Americans.

4. “Member State” means a State that is signatory to this

Compact and has adopted it under the laws of that State.

5. “Member State Base Funding Level” means a number equal to

the total Federal spending on Health Care in the Member State during

Federal fiscal year 2010. On or before the Effective Date, each

Member State shall determine the Member State Base Funding Level for

its State, and that number shall be binding upon that Member State.

The preliminary estimate of Member State Base Funding Level for the

State of Oklahoma is Ten Billion Three Hundred Forty-four Million.

6. “Member State Current Year Funding Level” means the Member

State Base Funding Level multiplied by the Member State Current Year

Population Adjustment Factor multiplied by the Current Year

Inflation Adjustment Factor.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1785

7. “Member State Current Year Population Adjustment Factor”

means the average population of the Member State in the current year

less the average population of the Member State in Federal fiscal

year 2010, divided by the average population of the Member State in

Federal fiscal year 2010, plus 1. Average population in a Member

State shall be determined by the United States Census Bureau.

8. “Current Year Inflation Adjustment Factor” means the Total

Gross Domestic Product Deflator in the current year divided by the

Total Gross Domestic Product Deflator in Federal fiscal year 2010.

Total Gross Domestic Product Deflator shall be determined by the

Bureau of Economic Analysis of the United States Department of

Commerce.

Sec. 2. Pledge.

The Member States shall take joint and separate action to secure

the consent of the United States Congress to this Compact in order

to return the authority to regulate Health Care to the Member States

consistent with the goals and principles articulated in this

Compact. The Member States shall improve Health Care policy within

their respective jurisdictions and according to the judgment and

discretion of each Member State.

Sec. 3. Legislative Power.

The legislatures of the Member States have the primary

responsibility to regulate Health Care in their respective States.

Sec. 4. State Control.

Each Member State, within its State, may suspend by legislation

the operation of all federal laws, rules, regulations, and orders

regarding Health Care that are inconsistent with the laws and

regulations adopted by the Member State pursuant to this Compact.

Federal and State laws, rules, regulations, and orders regarding

Health Care will remain in effect unless a Member State expressly

suspends them pursuant to its authority under this Compact. For any

federal law, rule, regulation, or order that remains in effect in a

Member State after the Effective Date, that Member State shall be

responsible for the associated funding obligations in its State.

Sec. 5. Funding.

(a) Each Federal fiscal year, each Member State shall have the

right to Federal monies up to an amount equal to its Member State

Current Year Funding Level for that Federal fiscal year, funded by

Congress as mandatory spending and not subject to annual

appropriation, to support the exercise of Member State authority

under this Compact. This funding shall not be conditional on any

action of or regulation, policy, law, or rule being adopted by the

Member State.

(b) By the start of each Federal fiscal year, Congress shall

establish an initial Member State Current Year Funding Level for

each Member State, based upon reasonable estimates. The final

Member State Current Year Funding Level shall be calculated, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1786

funding shall be reconciled by the United States Congress based upon

information provided by each Member State and audited by the United

States Government Accountability Office.

Sec. 6. Interstate Advisory Health Care Commission.

(a) The Interstate Advisory Health Care Commission is

established. The Commission consists of members appointed by each

Member State through a process to be determined by each Member

State. A Member State may not appoint more than two members to the

Commission and may withdraw membership from the Commission at any

time. Each Commission member is entitled to one vote. The

Commission shall not act unless a majority of the members are

present, and no action shall be binding unless approved by a

majority of the Commission’s total membership.

(b) The Commission may elect from among its membership a

Chairperson. The Commission may adopt and publish bylaws and

policies that are not inconsistent with this Compact. The

Commission shall meet at least once a year, and may meet more

frequently.

(c) The Commission may study issues of Health Care regulation

that are of particular concern to the Member States. The Commission

may make nonbinding recommendations to the Member States. The

legislatures of the Member States may consider these recommendations

in determining the appropriate Health Care policies in their

respective States.

(d) The Commission shall collect information and data to assist

the Member States in their regulation of Health Care, including

assessing the performance of various State Health Care programs and

compiling information on the prices of Health Care. The Commission

shall make this information and data available to the legislatures

of the Member States. Notwithstanding any other provision in this

Compact, no Member State shall disclose to the Commission the health

information of any individual, nor shall the Commission disclose the

health information of any individual.

(e) The Commission shall be funded by the Member States as

agreed to by the Member States. The Commission shall have the

responsibilities and duties as may be conferred upon it by

subsequent action of the respective legislatures of the Member

States in accordance with the terms of this Compact.

(f) The Commission shall not take any action within a Member

State that contravenes any State law of that Member State.

Sec. 7. Congressional Consent.

This Compact shall be effective on its adoption by at least two

Member States and consent of the United States Congress. This

Compact shall be effective unless the United States Congress, in

consenting to this Compact, alters the fundamental purposes of this

Compact, which are:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1787

(a) To secure the right of the Member States to regulate Health

Care in their respective States pursuant to this Compact and to

suspend the operation of any conflicting federal laws, rules,

regulations, and orders within their States; and

(b) To secure Federal funding for Member States that choose to

invoke their authority under this Compact, as prescribed by Section

5 above.

Sec. 8. Amendments.

The Member States, by unanimous agreement, may amend this

Compact from time to time without the prior consent or approval of

Congress and any amendment shall be effective unless, within one

year, the Congress disapproves that amendment. Any State may join

this Compact after the date on which Congress consents to the

Compact by adoption into law under its State Constitution.

Sec. 9. Withdrawal; Dissolution.

Any Member State may withdraw from this Compact by adopting a

law to that effect, but no such withdrawal shall take effect until

six months after the Governor of the withdrawing Member State has

given notice of the withdrawal to the other Member States. A

withdrawing State shall be liable for any obligations that it may

have incurred prior to the date on which its withdrawal becomes

effective. This Compact shall be dissolved upon the withdrawal of

all but one of the Member States.
Okla. Stat. tit. 63, § 63-1-745.19 — OK Code / Title 63 / Section 63-1-745.19
Severability of act
Status: in_force

If any one or more provision, section, subsection, sentence,

clause, phrase, or word of this act or the application thereof to

any person or circumstance is found to be unconstitutional, the same

is hereby declared to be severable and the balance of this act shall

remain effective notwithstanding such unconstitutionality. The

Oklahoma Legislature hereby declares that it would have passed this

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

phrase, or word thereof, irrespective of the fact that any one or

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

word be declared unconstitutional.
Okla. Stat. tit. 63, § 63-7200.4 — OK Code / Title 63 / Section 63-7200.4
Ordering and furnishing sleep diagnostic tests -
Status: in_force

Facility standards.

A. Sleep diagnostic tests shall be ordered by a physician,

physician assistant or advance practice nurse.

B. Sleep diagnostic tests shall be furnished:

1. By a sleep diagnostic testing facility;

2. By, or under arrangements made by, a hospital for its

patients whereby the hospital exercises professional responsibility

over the arranged services; or

3. In the patient’s home.

C. Sleep diagnostic testing facilities shall meet the following

standards:

1. Sleep diagnostic testing facilities shall be supervised by a

supervising physician as defined by this act;

2. On and after January 1, 2010, sleep diagnostic testing

facilities shall be fully or provisionally certified or accredited

by the American Academy of Sleep Medicine (AASM), the Joint

Commission or the Accreditation Commission for Healthcare (ACHC),

Oklahoma Statutes - Title 63. Public Health and Safety Page 1783

except that the full or provisional certification or accreditation

by AASM, the Joint Commission, or ACHC shall not be required until

June 30, 2010, for any sleep diagnostic testing facility that has

submitted a complete application for certification or accreditation

to AASM, the Joint Commission and/or ACHC on or before December 31,

2009;

3. An interpreting physician shall interpret the data generated

by all sleep diagnostic tests conducted at a sleep diagnostic

testing facility; and

4. Nonphysician personnel conducting sleep diagnostic tests

shall perform their duties under the direction and supervision of

the supervising physician.

D. Sleep diagnostic tests performed in the patient’s home shall

be conducted under the supervision of a supervising physician and

interpreted by an interpreting physician.
Okla. Stat. tit. 63, § 63-1-553.1 — OK Code / Title 63 / Section 63-1-553.1
Mammography reports – Breast density classification
Status: in_force

A. All health care facilities that perform mammography

examinations shall include in the summary of the mammography report,

required by federal law to be provided to a patient, information

that identifies the patient's individual breast density

classification as dense or not dense. If the patient elects to

receive the summary of the mammography report by electronic mail and

provides an electronic mail address, the summary shall be sent by

electronic mail. If the facility determines that a patient has

heterogeneously or extremely dense breast tissue, the summary of the

mammography report shall include the following notice:

"Breast tissue can be either dense or not dense. Dense tissue

makes it harder to find breast cancer on a mammogram and also raises

the risk of developing breast cancer. Your breast tissue is dense.

In some people with dense tissue, other imaging tests in addition to

a mammogram may help find cancers. Talk to your health care

provider about breast density, risks for breast cancer, and your

individual situation."

B. Patients who receive diagnostic or screening mammograms may

be directed to informative material about breast density. This

Oklahoma Statutes - Title 63. Public Health and Safety Page 249

informative material may include the American College of Radiology's

most current brochure on the subject of breast density available on

the American College of Radiology's website. Patients and health

care providers can be further informed by material from the American

Cancer Society or Mammography Saves Lives organizations.

C. Nothing in this section shall be deemed to create a duty of

care or other legal obligation beyond the duty to provide notice as

set forth in subsection A of this section. Nothing in this section

shall be deemed to require a notice that is inconsistent with the

provisions of the federal Mammography Quality Standards Act or any

regulations promulgated pursuant thereto.
Okla. Stat. tit. 63, § 63-3161 — OK Code / Title 63 / Section 63-3161
Definitions
Status: in_force

As used in the Medical Treatment Laws Information Act:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1512

1. "Associated with the inpatient health care services entity"

means, with regard to a particular inpatient health care services

entity, that the health care provider is an employee or agent of the

entity, that the health care provider has privileges to provide

health care services to patients in the entity, or that the health

care provider in fact provides health care services to patients in

the entity. For purposes of this definition, provision of health

care services to patients in the entity shall be deemed to include

provision of health care services to patients in an emergency room

operated by the entity, regardless of whether those patients are

admitted as inpatients;

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

certified, or otherwise authorized by the laws of this state as a

physician, physician assistant, certified nurse practitioner,

advanced practice registered nurse (including one with a certified

specialty), registered nurse, or licensed practical nurse, but does

not include a nurse midwife;

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

health care provider, or by an individual working for or under the

supervision of a health care provider, that relate to the diagnosis,

assessment, prevention, treatment or care of any human illness,

disease, injury or condition;

4. "Inpatient health care services entities" means those

hospitals defined in paragraphs 2, 3 and 5 of Section 1-701 of Title

63 of the Oklahoma Statutes, a nursing facility as defined in

paragraph 10 of Section 1-1902 of Title 63 of the Oklahoma Statutes,

a specialized facility as defined in paragraph 11 of Section 1-1902

of Title 63 of the Oklahoma Statutes, and those long-term care

facilities described in subparagraphs e and f of paragraph 1 of

Section 1-1945 of Title 63 of the Oklahoma Statutes; and

5. "Other defined officials" means, with regard to a particular

health care services entity, to the extent such officials exist, the

members of the board of directors, the administrator or chief

executive officer, and the general counsel, by whatever titles those

serving these functions may be called.
Okla. Stat. tit. 63, § 63-121.1 — OK Code / Title 63 / Section 63-121.1
Definitions
Status: in_force

A. For purposes of this chapter:

1. "Explosive" means any chemical compound or mechanical

mixture that is commonly used or which is intended for the purpose

of producing an explosion and which contains any oxidizing and

combustive units or other ingredients in such proportions,

quantities, or packing that an ignition by fire, by friction, by

concussion, by percussion, by chemical reaction, or by detonation of

any part of the compound or mixture may cause gaseous pressures

capable of producing destructive effects on contiguous objects or of

destroying life or limb. Provided, that dynamite, nitroglycerin,

gunpowder, blasting powder and trinitrotoluene shall be deemed

explosives without further proof of their explosive nature. The

term "explosive" shall also include all material which is classified

as explosive by the United States Department of Transportation. The

term "explosive" shall not include explosives in the forms

prescribed in the official UNITED STATES PHARMACOPOEIA; fireworks as

defined by Section 1622 of Title 68 of the Oklahoma Statutes; or

small arms ammunition and components therefor, which are subject to

the Gun Control Act of 1968 (Title 18, Chapter 44, U.S. Code) and

regulations promulgated thereunder;

2. "Blasting agent" means any material or mixture consisting of

a fuel and oxidizer, intended for blasting, not otherwise classified

as an explosive, provided that the finished product, as mixed and

packaged for use or shipment, cannot be detonated when unconfined by

means of a test blasting cap containing two (2) grams of a mixture

eighty percent (80%) mercury fulminate and twenty percent (20%)

potassium chlorate, or a cap of equivalent strength. The term

"blasting agent" shall not include explosives in the forms

prescribed in the official UNITED STATES PHARMACOPOEIA; fireworks as

defined by Section 1622 of Title 68 of the Oklahoma Statutes; or

small arms ammunition and components therefor, which are subject to

the Gun Control Act of 1968 (Title 18, Chapter 44, U.S. Code) and

regulations promulgated thereunder; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1066

3. "Person" means any individual, firm, copartnership,

corporation, company, association, joint stock association, and

includes any trustee, receiver, assignee or personal representative

thereof.
Okla. Stat. tit. 63, § 63-1-1301.2 — OK Code / Title 63 / Section 63-1-1301.2
Renumbered as § 7-402 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1-1403 — OK Code / Title 63 / Section 63-1-1403
Injunction
Status: in_force

In addition to the remedies hereinafter provided, the

Commissioner is hereby authorized to apply to the district court

for, and such court shall have jurisdiction upon hearing and for

cause shown to grant, a temporary or permanent injunction

restraining any person from violating any of the provisions of the

preceding sections of this article, irrespective of whether or not

there exists an adequate remedy at law.
Okla. Stat. tit. 63, § 63-1-725.2 — OK Code / Title 63 / Section 63-1-725.2
Definitions
Status: in_force

As used in the Transparency in Health Care Prices Act:

1. “Agency” means a government department, agency or a

government-created entity;

2. “CPT code” means the Current Procedural Terminology code, or

its successor code, as developed and copyrighted by the American

Medical Association or its successor entity;

3. “Health care facility” means a facility licensed or

certified by the State Department of Health, but shall not include a

Oklahoma Statutes - Title 63. Public Health and Safety Page 284

nursing care facility, assisted living facility, home care agency,

or hospital;

4. “Health care price” means the cash price that a health care

provider or health care facility will charge a recipient for health

care services that will be rendered. Health care price is the price

charged for the standard service for the particular diagnosis and

does not include any amount that may be charged for complications or

exceptional treatment;

5. “Health care provider” means a person who is licensed,

certified or registered by this state to provide health care

services or a medical group, independent practice association or

professional corporation providing health care services;

6. “Health care services” or “services” means services included

in, or incidental to, furnishing to an individual:

a. medical, mental, dental or optometric care or

hospitalization, or

b. other services for the purpose of preventing,

alleviating, curing or healing a physical or mental

illness or injury;

7. “Recipient” means an individual who receives health care

services from a health care provider or health care facility; and

8. “Specialty service line” means health care services rendered

by a specific medical specialist to include, but not be limited to:

a. general surgery,

b. obstetrics or gynecology,

c. cardiology,

d. urology,

e. ophthalmology,

f. neurology/neurosurgery,

g. orthopedics,

h. hematology/oncology,

i. pathology,

j. radiology,

k. emergency medicine,

l. physical therapy, or

m. another specialty service provided by a health care

facility.
Okla. Stat. tit. 63, § 63-4210.5 — OK Code / Title 63 / Section 63-4210.5
Removing, tampering, or interfering with or attaching
Status: in_force

vessel to waterway marker, navigational aid or buoy.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1671

No person shall remove, tamper or otherwise interfere with or

attach or moor a vessel to the anchor cable or any other part of any

waterway marker, navigational aid or buoy.
Okla. Stat. tit. 63, § 63-1-860.10 — OK Code / Title 63 / Section 63-1-860.10
Complaints - Notice - Hearing - Orders - Service of
Status: in_force

order or other instrument.

A. If upon inspection or investigation, or whenever the

Department determines that there are reasonable grounds to believe

that a hospice is operating in violation of the Oklahoma Hospice

Licensing Act, or any rule promulgated pursuant to the Oklahoma

Hospice Licensing Act, or any order of the Department pursuant to

the Act, the Department shall give written notice to the alleged

violator specifying the cause of complaint. Such notice shall

require that the matters complained of be corrected within forty-

five (45) days or that the alleged violator appear before the

Department at a time and place specified in the notice and answer

charges. The notice shall be delivered to the alleged violator in

accordance with the provisions of the Administrative Procedures Act,

Section 301 et seq. of Title 75 of the Oklahoma Statutes.

B. The Department shall give the notice specified by the

provisions of subsection A of this section within ten (10) days of

an inspection or investigation of the hospice if the Department

determines that the hospice is in violation of the Oklahoma Hospice

Licensing Act, the rules promulgated by the Board pursuant to the

Oklahoma Hospice Licensing Act, or any order of the Department

pursuant to the Act.

C. The Department shall afford the alleged violator an

opportunity for a fair hearing within sixty (60) days of receipt of

notice provided by subsection A of this section in accordance with

the provisions of the Administrative Procedures Act, Section 301 et

seq. of Title 75 of the Oklahoma Statutes. On the basis of the

evidence produced at the hearing, the Department shall make findings

of fact and conclusions of law and enter an order thereon. The

Department shall give written notice of such order to the alleged

violator and to such persons as shall have appeared at the hearing

and made written request for notice of the order. If the hearing is

held before any person other than the Department, such person shall

transmit the record of the hearing together with recommendations for

findings of fact and conclusions of law to the Department which

Oklahoma Statutes - Title 63. Public Health and Safety Page 519

shall thereupon enter its order. The Department may enter its order

on the basis of such record or, before issuing its order, may

require additional hearings or further evidence to be presented.

The order of the Department shall become final and binding on all

parties unless appealed to the Supreme Court as provided in the

Administrative Procedures Act, Section 301 et seq. of Title 75 of

the Oklahoma Statutes, within thirty (30) days after notice has been

sent to the parties.

D. Except as otherwise expressly provided by law, any notice,

order, or other instrument issued by or pursuant to authority of the

Department may be served on any person affected thereby personally,

by publication, or by mailing a copy of the notice, order, or other

instrument by certified mail, return receipt requested, directed to

the person affected at his last-known post office address as shown

by the files or records of the Department. Proof of service shall

be made as in the case of service of a summons or by publication in

a civil action or may be made by the affidavit of the person who did

the mailing. Such proof of service shall be kept on file in the

Department.

E. The hearings authorized by this section may be conducted by

the Department. The Department may designate hearing officers who

shall have the power and authority to conduct such hearings in the

name of the Department at any time and place. Such hearings shall

be conducted in conformity with and records made thereof as provided

by the provisions of the Administrative Procedures Act, Section 301

et seq. of Title 75 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-117 — OK Code / Title 63 / Section 63-1-117
Legislative findings - Intent
Status: in_force

A. As a result of rising health care costs and concerns

expressed by health care providers, health care consumers, third-

party payors and the general public, and as a result of public

health information showing that Oklahoma has a higher death rate

than the national average, the Oklahoma Legislature finds that there

is an urgent need to establish and maintain, for the purposes of

accurately assessing the health of the public, health care planning

and cost containment, an information base for the State of Oklahoma

that will facilitate ongoing analysis and evaluation of patterns and

trends in the health status of Oklahomans, the utilization and costs

of health care services, and the capability of the various

components of the health care industry to provide needed services.

B. The Oklahoma Health Care Information System shall be

responsible for the development and operation of a method for

collecting, processing and disseminating health care data including,

but not limited to, quality, expenditure and utilization data. It

is the intent of the Legislature that a uniform set of data be

periodically and routinely compiled that will make possible the

ongoing analysis, comparison and evaluation of trends in the quality

and delivery of health care services in this state for the purpose

of effective health care planning by public and private entities,

cost containment, health facility development, and improving access

to and quality of care.
Okla. Stat. tit. 63, § 63-2-511 — OK Code / Title 63 / Section 63-2-511
Judicial review
Status: in_force

Judicial review of final determinations, findings, and

conclusions of the Director under this act shall be in the manner

provided by the Administrative Procedures Act. A revocation or

suspension of a registration based on the revocation or suspension

of a professional or occupational license shall be final and

conclusive where judicial review is available with respect to the

revocation or suspension of the professional or occupational

license.
Okla. Stat. tit. 63, § 63-5053 — OK Code / Title 63 / Section 63-5053
Short title
Status: in_force

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

Medicaid False Claims Act".
Okla. Stat. tit. 63, § 63-1-1001.8 — OK Code / Title 63 / Section 63-1-1001.8
Inspections
Status: in_force

A. The Commissioner or duly authorized agent shall have access

at all reasonable hours to any factory, warehouse, wholesale or

retail establishment in which bedding or bedding material is

manufactured, processed, packed, sold, leased or held for

introduction into commerce, or to enter any vehicle being used to

transport, sell, lease or hold such bedding or bedding material 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 bedding or bedding

material after paying or offering to pay for such sample.

B. 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 the Oklahoma

Bedding Regulation Act, or any rule promulgated under the provisions

of the Oklahoma Bedding Regulation Act, is being violated.
Okla. Stat. tit. 63, § 63-6701 — OK Code / Title 63 / Section 63-6701
Provision of information to general public
Status: in_force

A. The public health authority shall inform the people of the

state when a state of catastrophic health emergency has been

declared or terminated, how to protect themselves during a state of

catastrophic health emergency, and what actions are being taken to

control the catastrophic health emergency.

B. The public health authority shall provide information by all

available and reasonable means calculated to bring the information

promptly to the attention of the general public.

C. If the public health authority has reason to believe there

are large numbers of people of the state who lack sufficient skills

in English to understand the information, the public health

authority shall make reasonable efforts to provide the information

in the primary languages of those people as well as in English.

D. The provision of information shall be made in a manner

accessible to individuals with disabilities.
Okla. Stat. tit. 63, § 63-982 — OK Code / Title 63 / Section 63-982
Storing, moving, etc. of equipment, materials, or
Status: in_force

buildings within six feet of lines prohibited.

No person, firm, corporation or association shall, individually

or through an agent or employee, and no person as an agent or

employee of any person, firm, corporation or association, shall

store, operate, erect, maintain, move or transport any tools,

machinery, equipment, supplies, materials, apparatus, house or other

building, or any part thereof, within six (6) feet of any high

voltage overhead conductor.
Okla. Stat. tit. 63, § 63-4024 — OK Code / Title 63 / Section 63-4024
Late registration - Failure or refusal to file
Status: in_force

application - Penalties.

A. In the event a new vessel or a new motor is not registered

within thirty (30) calendar days from the date purchased in this

state by a resident of this state, the penalty shall be Twenty-five

Dollars ($25.00), provided that in no event shall the penalty exceed

an amount equal to the registration fee. The rate of the

registration fee shall be fixed and determined by the date of the

sale by the dealer of said new vessel or motor to the purchaser.

B. If a new or used vessel or motor is brought into Oklahoma by

a resident of this state and is not registered within thirty (30)

calendar days from the date such vessel or motor enters the state as

required by the Oklahoma Vessel and Motor Registration Act, the

penalty shall be Twenty-five Dollars ($25.00), provided that in no

event shall the penalty exceed an amount equal to the registration

fee.

C. If a vessel or motor is purchased or is brought into

Oklahoma by a nonresident of this state and such vessel or motor

remains over sixty (60) calendar days and is not registered as

required by the Oklahoma Vessel and Motor Registration Act, the

penalty shall be Twenty-five Dollars ($25.00).

D. Any person in this state owning a vessel or motor subject to

the provisions of this subsection and failing or refusing to file

application for the registration of such vessel or motor and to pay

the registration fee as required by the Oklahoma Vessel and Motor

Registration Act, within one (1) month after the expiration date,

shall be deemed delinquent and there shall be added a penalty of

twenty-five cents ($0.25) per day on the registration fee for each

day such registration is delinquent. The penalty for failure to

register shall accrue for a three-month calendar period. Thereafter,

the penalty shall be Twenty-five Dollars ($25.00), provided that in

no event shall the penalty exceed an amount equal to the

registration fee.

E. The failure to register any vessel or motor as required by

the Oklahoma Vessel and Motor Registration Act shall in addition to

penalties, subject such vessel or motor to the seizure provisions as

provided in the Oklahoma Vehicle License and Registration Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1632
Okla. Stat. tit. 63, § 63-1-738.12 — OK Code / Title 63 / Section 63-1-738.12
Medical emergency abortion - Notice of medical
Status: in_force

indications.

When a medical emergency compels the performance of an abortion,

the physician shall inform the female, prior to the abortion if

possible, of the medical indications supporting the judgment of the

physician that an abortion is necessary to avert the death of the

female or that a twenty-four-hour delay will create serious risk of

substantial and irreversible impairment of a major bodily function.
Okla. Stat. tit. 63, § 63-4211.1 — OK Code / Title 63 / Section 63-4211.1
Inner tubes, air mattresses or floating chairs -
Status: in_force

Distance from shore restricted.

Inner tubes, air mattresses, floating chairs or similar devices

shall not be more than fifty (50) feet from shore when being used by

a swimmer.
Okla. Stat. tit. 63, § 63-2552 — OK Code / Title 63 / Section 63-2552
Definitions
Status: in_force

In the Uniform Duties to Disabled Persons Act:

1. "Disabled condition" means the condition of being

unconscious, semiconscious, incoherent or otherwise incapacitated to

communicate;

2. "Disabled person" means a person in a disabled condition;

3. "The emergency symbol" means the caduceus inscribed within a

six-barred cross used by the American Medical Association to denote

emergency information;

4. "Identifying device" means an identifying bracelet,

necklace, metal tag or similar device bearing the emergency symbol

and the information needed in an emergency; and

5. "Medical practitioner" means a person who is a member of the

class of persons authorized to use the term “physician” pursuant to

Section 725.2 of Title 59 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-1601 — OK Code / Title 63 / Section 63-1-1601
Definitions
Status: in_force

For the purposes of this article:

(a) The term "hazardous substance" means:

(1) a. any substance or mixture of substances intended or

suitable for household use which (1) is toxic, (2) is corrosive, (3)

is an irritant, (4) is a strong sensitizer, (5) is flammable, or (6)

generates pressure through decomposition, heat, or other means, if

such substance or mixture of substances may cause substantial

personal injury or substantial illness during or as a proximate

result of any customary or reasonably foreseeable handling or use,

including reasonably foreseeable ingestion by children.

b. any substances which the State Board of Health by regulation

finds, pursuant to the provisions of Section 1602(a), meet the

requirements of subparagraph 1.a. of this paragraph.

c. any radioactive substance, if, with respect to such

substance as used in a particular class of article or as packaged,

the Board determines by regulation that the substance is

sufficiently hazardous to require labeling in accordance with this

article in order to protect the public health.

(2) The term "hazardous substance" shall not apply (1) to

economic poisons subject to the provisions of 2 O.S.1961, Section 3-

63; (2) to foods subject to the provisions of Article 11 of this

Code; (3) to drugs and cosmetics subject to the provisions of

Article 14 of this Code; (4) to substances intended for use as fuels

when stored in containers and used in heating, cooking, or

refrigeration system of a house.

(3) The term "hazardous substance" shall not include any source

material, special nuclear material, or by-product material as

defined in the Act of Congress known as the Atomic Energy Act of

1954, as amended, and regulations issued pursuant thereto by the

Atomic Energy Commission.

(b) The term "toxic" shall apply to any substance (other than a

radioactive substance) which has the capacity to produce personal

injury or illness to man through ingestion, inhalation, or

absorption through any body surface.

(c) (1) The term "highly toxic" means any substance which falls

within any of the following categories: a. produces death within

Oklahoma Statutes - Title 63. Public Health and Safety Page 642

fourteen (14) days in half or more than half of a group of ten or

more laboratory white rats each weighing between two hundred (200)

and three hundred (300) grams, at a single dose of fifty (50)

milligrams or less per kilogram of body weight, when orally

administered; or b. produces death within fourteen (14) days in

half or more than half of a group of ten or more laboratory white

rats each weighing between two hundred (200) and three hundred (300)

grams, when inhaled continuously for a period of one (1) hour or

less at an atmospheric concentration of two hundred (200) parts per

million by volume or less of gas or vapor or two (2) milligrams per

liter by volume or less of mist or dust, provided such concentration

is likely to be encountered by man when the substance is used in any

reasonably foreseeable manner; or c. produces death within fourteen

(14) days in half or more than half of a group of ten or more

rabbits tested in a dosage of two hundred (200) milligrams or less

per kilogram of body weight, when administered by continuous contact

with the bare skin for twenty-four (24) hours or less.

(2) If the Board finds that available data on human experience

with any substance indicates results different from those obtained

on animals in the above-named dosages or concentrations, the human

data shall take precedence.

(d) The term "corrosive" means any substance which in contact

with living tissue will cause destruction of tissue by chemical

action; but shall not refer to action on inanimate surfaces.

(e) The term "irritant" means any substance not corrosive within

the meaning of the preceding subparagraph which on immediate,

prolonged, or repeated contact with normal living tissue will induce

a local inflammatory reaction.

(f) The term "strong sensitizer" means a substance which will

cause on normal living tissue through an allergic or photodynamic

process a hypersensitivity which becomes evident on reapplication of

the same substance and which is designated as such by the Board.

Before designating any substance as a strong sensitizer, the Board,

upon consideration of the frequency of occurrence and severity of

the reaction, shall find that the substance has a significant

potential for causing hypersensitivity.

(g) The term "extremely flammable" shall apply to any substance

which has a flash point at or below twenty degrees Fahrenheit (20F.)

as determined by the Tagliabue Open Cup Tester, and the term

"flammable" shall apply to any substance which has a flash point of

above twenty degrees (20) to and including eighty (80) (80F.)

degrees Fahrenheit, as determined by the Tagliabue Open Cup Tester;

except that the flammability of solids and of the contents of self-

pressurized containers shall be determined by methods found by the

Board to be generally applicable to such materials or containers,

respectively, and established by regulations issued by the Board,

Oklahoma Statutes - Title 63. Public Health and Safety Page 643

which regulations shall also define the terms "flammable" and

"extremely flammable" in accord with such methods.

(h) The term "radioactive substance" means a substance which

emits ionizing radiation.

(i) The term "label" means a display of written, printed, or

graphic matter upon the immediate container of any substance; and a

requirement made by or under authority of this article that any

word, statement, or other information appearing on the label shall

not be considered to be complied with unless such word, statement,

or other information also appears (1) on the outside container or

wrapper, if any there be, unless it is easily legible through the

outside container or wrapper, and (2) on all accompanying literature

where there are directions for use, written or otherwise.

(j) The term "immediate container" does not include package

liners.

(k) The term "misbranded package" or "misbranded package of a

hazardous substance" means a hazardous substance in a container

intended or suitable for household use which, except as otherwise

provided by or pursuant to Section 1602, fails to bear a label:

(1) Which states conspicuously (a) the name and place of

business of the manufacturer, packer, distributor, or seller; (b)

the common or usual name or the chemical name (if there be no common

or usual name) of the hazardous substance or of each component which

contributes substantially to its hazard, unless the Board by

regulation permits or requires the use of a recognized generic name;

(c) the signal word "DANGER" on substances which are extremely

flammable, corrosive, or highly toxic; (d) the signal word "WARNING"

or "CAUTION" on all other hazardous substances; (e) an affirmative

statement of the principal hazard or hazards, such as "Flammable,"

"Vapor Harmful," "Causes Burns," "Absorbed Through Skin," or similar

wording descriptive of the hazard; (f) precautionary measures

describing the action to be followed or avoided, except when

modified by regulation of the Board pursuant to Section 1602; (g)

instruction, when necessary or appropriate, for first aid treatment;

(h) the word "Poison" for any hazardous substance which is defined

as "Highly Toxic" by subsection (c) (1); (i) instructions for

handling and storage of packages which require special care in

handling or storage; and (j) the statement "Keep out of the reach of

children" or its practical equivalent, and

(2) On which any statements required under subparagraph (1) of

this paragraph are located prominently and are in the English

language in conspicuous and legible type in contrast by typography,

layout, or color with other printed matter on the label.
Okla. Stat. tit. 63, § 63-3141.4 — OK Code / Title 63 / Section 63-3141.4
Acts not constituting violations
Status: in_force

A. A licensed health care professional who administers,

prescribes, or dispenses medications or procedures for the purpose

of alleviating pain or discomfort, even if their use may increase

the risk of death, shall not be deemed to have violated Section 3 of

this act or Section 813 or 814 of Title 21 of the Oklahoma Statutes

so long as such medications or procedures are not also furnished for

the purpose of causing, or the purpose of assisting in causing,

death for any reason.

B. A licensed health care professional who withholds or

withdraws a medically administered, life-sustaining procedure does

not violate Section 3 of this act or Sections 813 or 814 of Title 21

of the Oklahoma Statutes.

C. This section shall not be construed to affect the duty of

care or the legal requirements concerning acts or omissions under

subsections A or B of this section.
Okla. Stat. tit. 63, § 63-949 — OK Code / Title 63 / Section 63-949
Records - Evidence - Sudden Unexpected Death in Infants
Status: in_force

and Children.

A. 1. a. The Office of the Chief Medical Examiner shall keep

full and complete records, properly indexed, giving

the name, if known, of every person whose death is

investigated, the place where the body was found, the

date, cause, and manner of death and all other

relevant information concerning the death. The full

report and detailed findings of the autopsy, if any,

shall be a part of the record in each case.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1299

b. The Chief Medical Examiner shall track and forward,

within seventy-two (72) hours after the examination,

demographic information on sudden, unexpected and

nontraumatic infant deaths including, but not limited

to, Sudden Infant Death Syndrome (SIDS), to the

Oklahoma SIDS Coordinator at the State Department of

Health and the SIDS Foundation of Oklahoma. As used

in this subparagraph, "Sudden Unexpected Death in

Infants and Children" (SUDIC) means the sudden,

unexpected death of an apparently healthy infant less

than one (1) year of age which remains unexplained

following a complete medicolegal analysis and death

scene investigation. The Chief Medical Examiner shall

follow up with further notification upon final

determination of a cause of death. Such notification

shall be for statistical reporting purposes only.

2. The office shall promptly deliver to each district attorney

having jurisdiction of the case, copies of all cases relating to a

death for which further investigation may be advisable. Any

district attorney or other law enforcement official may, upon

request, obtain copies of such records or other information deemed

necessary to the performance of such district attorney's or other

law enforcement official's official duties.

B. No report, findings, testimony, or other information of a

medical examiner shall be admitted in evidence in any civil action

in any court in this state, except under the following

circumstances:

1. Certified copies of reports pertaining to the factual

determinations of views and examination of or autopsies upon the

bodies of deceased persons by the Chief Medical Examiner or anyone

under his or her supervision or control may be admitted in evidence

in any civil case in a court of competent jurisdiction in this state

by stipulation of all parties in the case;

2. If a party refuses to stipulate to admission, the reports

may be requested by any party seeking to admit the records as

evidence. The request shall be made to the Office of the Chief

Medical Examiner, who shall furnish same;

3. The party seeking admission of the reports shall then serve

interrogatories concerning the facts to be answered under oath by

the person preparing the records. The interrogatories and answers

thereto shall be subject to the rules of evidence and may be

admissible in evidence in any civil case in a court of competent

jurisdiction. Objections to the interrogatories shall be made by

any party in accordance with law just as if the interrogatories had

been served on the objecting party. Cross interrogatories shall be

submitted and shall be answered and admitted in evidence in the same

manner as interrogatories;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1300

4. The taking of depositions shall then be allowed pursuant to

the provisions of Section 3230 of Title 12 of the Oklahoma Statutes;

provided, however, depositions shall take place at the Office of the

Chief Medical Examiner or anyone under his or her supervision or

control whose testimony is sought, unless all parties, including the

medical examiner, agree the deposition can be taken elsewhere;

5. No other testimony of the Chief Medical Examiner or anyone

under his or her supervision and control shall be admitted in

evidence in any civil action in any court of this state, unless

timely application is made to the court by an interested party or

litigant and timely notice of the application is given to the

medical examiner. After a hearing, the court, for good cause shown,

may order the appearance of the Chief Medical Examiner or anyone

under his or her supervision and control for the purpose of

testifying and may order that a subpoena be issued for that

appearance; provided, however, that such order by the court shall be

the exception and not the rule; and

6. The cost of the records or certified copies thereof shall be

paid by the party requesting same. The reasonable fee charged by

the Chief Medical Examiner or anyone under his or her supervision

and control for answering interrogatories or cross interrogatories,

submitting to depositions, or providing testimony shall be paid by

the party submitting same. This fee shall be in place of any other

witness fee allowed by law.

C. Certified copies of reports and findings, exclusive of

hearsay evidence, may be admitted in evidence in preliminary

hearings and criminal trials by stipulation.

D. Certified copies of reports of investigations by a medical

examiner, laboratory reports and/or autopsy reports may be furnished

to the next of kin or others having need for them upon written

statement and payment of a reasonable fee set by the Board of

Medicolegal Investigations.
Okla. Stat. tit. 63, § 63-1-737.11 — OK Code / Title 63 / Section 63-1-737.11
Civil damages action
Status: in_force

A. A cause of action for civil damages against a person who has

performed a dismemberment abortion in violation of Section 3 of this

act may be maintained by:

1. Any woman upon whom a dismemberment abortion has been

performed in violation of Section 3 of this act; or

2. If the woman had not attained the age of eighteen (18) years

at the time of the dismemberment abortion or has died as a result of

the abortion, the maternal grandparents of the unborn child.

B. No damages may be awarded a plaintiff if the pregnancy

resulted from the plaintiff's criminal conduct.

C. Damages awarded in such an action shall include:

1. Money damages for all injuries, psychological and physical,

occasioned by the dismemberment abortion; and

2. Statutory damages equal to three times the cost of the

dismemberment abortion.
Okla. Stat. tit. 63, § 63-1-2504 — OK Code / Title 63 / Section 63-1-2504
Utilization of emergency medical personnel in hospital
Status: in_force

or health care facilities - EMT students - Nurses.

A. Any hospital or health care facility operating within the

state may utilize emergency medical technician, intermediate

emergency medical technician, advanced emergency medical technician

or paramedic, community paramedic or critical care paramedic

personnel for the delivery of emergency medical patient care within

the hospital or health care facility. Except as authorized in

Section 2 of this act, all licensed ambulance services shall use

emergency medical technician, intermediate emergency medical

technician, advanced emergency medical technician or paramedic

personnel for on-scene patient care and stabilization and the

delivery of prehospital and en route emergency medical care.

B. Any hospital or health care facility operating within the

state may utilize community paramedic personnel for the delivery of

community paramedic services for patients who come to the hospital

or health care facility who reside in this state.

C. While participating in an emergency medical technician,

intermediate emergency medical technician, advanced emergency

medical technician, community paramedic or paramedic training course

approved by the State Department of Health, the student shall be

allowed to perform in the hospital, clinic or prehospital setting,

while under the direct supervision of a physician, registered nurse,

or licensed emergency medical personnel who are licensed at a level

equal to or above the level of training of the student, or other

allied health preceptor, any of the skills determined to be

appropriate for the training level of the student by the Department.

D. The student shall be allowed to perform any of the skills

determined to be appropriate by the Department for the training

level of the student while performing community paramedic services

under the direct supervision of a physician, registered nurse or

emergency medical personnel who are licensed at a level equal to or

above the level of training of the student, or other allied health

preceptor.

E. A registered nurse or licensed practical nurse may be used

in the back of an ambulance during an interhospital transfer to

supplement the skills of licensed emergency medical personnel. A

registered nurse or licensed practical nurse functioning in this

fashion must be following written orders of a physician or be in

direct radio or telephone contact with a physician.
Okla. Stat. tit. 63, § 63-1-539.2 — OK Code / Title 63 / Section 63-1-539.2
Needlestick Injury Prevention Committee – Appointments
Status: in_force

– Powers and duties.

A. By August 1, 2000, each of the following agencies and

associations shall appoint a member to the Needlestick Injury

Prevention Committee:

1. The State Department of Health;

2. The State Department of Labor;

3. The Oklahoma Board of Nursing;

4. The Oklahoma State Medical Association;

5. The Oklahoma Osteopathic Association;

6. The Oklahoma Hospital Association;

7. The Oklahoma Nurses Association;

Oklahoma Statutes - Title 63. Public Health and Safety Page 234

8. The Pharmaceutical Research and Manufacturers of America;

9. The Professional Firefighters of Oklahoma Association;

10. The Oklahoma Emergency Medical Technicians Association; and

11. The Oklahoma Municipal League.

B. Upon appointment of a member, each agency and entity

specified by subsection A of this section shall submit the name,

address and telephone number of the member so appointed to the State

Commissioner of Health.

C. The State Commissioner of Health shall convene the first

meeting of the Committee on or before October 1, 2000.

D. 1. The Committee shall elect a chair and vice-chair from

among its members. The Committee shall meet as often as necessary

to develop guidelines for the use of needleless systems and

engineered sharps injury protection and to comply with the

provisions of the Needlestick Injury Prevention Act. A majority of

the members shall constitute a quorum for the transaction of

business.

2. The Committee is authorized to utilize the conference rooms

of the State Department of Health and to obtain staff assistance

from the Department as needed.

3. The members of the Committee shall be reimbursed expenses

incurred in the performance of their duties as provided in the State

Travel Reimbursement Act. Members appointed by any state agency

shall be reimbursed for any authorized expense incurred in the

performance of such members’ duties for the Committee, as provided

in the State Travel Reimbursement Act. For members who are not

state employees, the State Department of Health shall be responsible

for the processing and payment of any authorized expense incurred in

the performance of such members’ duties for the Committee, as

provided in the State Travel Reimbursement Act.

E. Before developing any guidelines for the development of

uniform rules, the Committee shall give public notice, offer

opportunity for public comment and conduct statewide public

meetings.

F. The Committee shall have the power and duty to:

1. Evaluate needleless systems and sharps with engineered

sharps injury protection in high exposure areas;

2. Compile a list of existing needleless systems and sharps

with engineered sharps injury protection to assist employers;

3. Develop guidelines for uniform administrative rules related

to the use of needleless systems and engineered sharps injury

protection in high exposure areas;

4. Develop compliance thresholds for needleless systems in high

exposure areas;

5. Assess the rate of use of needleless systems in high

exposure areas;

Oklahoma Statutes - Title 63. Public Health and Safety Page 235

6. Utilize the latest version of a directive published by the

Occupational Safety and Health Administration, United States

Department of Labor entitled “Enforcement Procedures for the

Occupational Exposure to Bloodborne Pathogens” for the reporting

mechanism for needlestick injuries in high exposure areas;

7. Prior to March 1, 2004, and annually thereafter determine

whether there is sufficient utilization of sharps prevention

technology in the state in high risk areas. If the Committee

determines that there is a sufficient use of sharps prevention

technology in the state, prior to the promulgation of rules pursuant

to Section 3 of this act, the Committee shall recommend to the rule-

making agencies that the proposed rules not be promulgated. If such

determination is made after the rules have been promulgated pursuant

to Section 3 of this act, the Committee shall recommend to the rule-

making agencies that such promulgated rules be rescinded; and

8. Evaluate and consider such other data and information

necessary to perform its duties and responsibilities pursuant to the

provisions of the Needlestick Injury Prevention Act.

G. In exercising such powers and duties the Committee shall:

1. Consider training and education requirements and increased

use of personal protective equipment in high exposure areas;

2. Consider the cost, cost benefit analysis and the

availability of a needleless system; and

3. Consider information contained in the Center for Disease

Prevention and Control's publication on universal precautions.

H. 1. On or before May 1, 2003, the Committee shall establish

guidelines for the development of uniform administrative rules by

the agencies specified in Section 3 of this act related to the use

of needleless systems and engineered sharps injury protection.

Guidelines established by the Needlestick Injury Prevention

Committee and rules promulgated by the state agencies specified in

Section 3 of this act shall in no way prohibit or otherwise limit

the use of:

a. a prefilled syringe that is approved by the federal

Food and Drug Administration; provided, however, this

exemption shall expire on June 1, 2004, and

b. prefilled syringes purchased or in stock prior to June

1, 2004.

2. Before developing such guidelines the Committee shall

provide an opportunity for public comment through a series of

statewide public hearings. The Committee shall give advance public

notice of such hearings.

3. On or before August 1, 2003, the agencies listed in Section

3 of this act shall submit copies of proposed rules to the Committee

for review.

4. On or before September 1, 2003, the Committee shall review

the proposed rules prepared by such agencies for uniformity and

Oklahoma Statutes - Title 63. Public Health and Safety Page 236

compliance with the guidelines established by the Committee. The

Committee shall forward copies of the proposed rules to the Hospital

Advisory Council for review.

5. Beginning November 1, 2003, the Hospital Advisory Council

shall forward to the Committee for review copies of any proposed

amendments to the rules promulgated pursuant to the Needlestick

Injury Prevention Act. The Committee shall consider such comments

and recommendations in making its recommendations to such agencies

for modifications to the proposed rules, as necessary to ensure

uniformity and compliance with the established guidelines.

6. On or before July 1, 2003, the Committee shall develop and

maintain a list of existing needleless systems and engineered sharps

injury protections. This list shall be available to assist

employers in complying with the requirement of the standards,

adopted in accordance with the Needlestick Injury Prevention Act.

7. Beginning March 1, 2004, the Committee shall meet not less

than annually and more often as necessary, as determined by the

chair of the Committee, for the purpose of reviewing proposed or

necessary amendments to the rules promulgated pursuant to the

Needlestick Injury Prevention Act, in order to ensure the continuing

consistency and uniformity of the rules to provide for necessary

revisions of the list.

I. Each state agency listed in Section 3 of this act shall

provide information and staff assistance as necessary to prepare the

rules, procedures, forms and lists required by the Needlestick

Injury Prevention Act.

J. The Committee shall terminate on July 1, 2006.
Okla. Stat. tit. 63, § 63-2-312.1 — OK Code / Title 63 / Section 63-2-312.1
Prescription of anabolic steroids or human growth
Status: in_force

hormones.

A. A licensed practitioner as defined in Section 355 of Title

59 of the Oklahoma Statutes shall not prescribe, dispense, deliver,

or administer an anabolic steroid or human growth hormone or cause

an anabolic steroid or human growth hormone to be administered under

the direction or supervision of the practitioner except for a valid

medical purpose and in the course of a professional practice. A

valid medical purpose for the use of anabolic steroids or human

growth hormones shall not include bodybuilding, muscle enhancement

or increasing muscle bulk or strength of a person who is in good

health. This section shall not prohibit the use of anabolic

Oklahoma Statutes - Title 63. Public Health and Safety Page 962

steroids for the treatment of livestock or domestic animals in

accordance with state or federal law.

B. The prescribing, dispensing, delivering or administering of

an anabolic steroid by a licensed practitioner in violation of the

provisions of subsection A of this section shall be grounds for

revocation or nonrenewal of the license of such licensed

practitioner to practice in this state. In addition, any licensed

practitioner prescribing, dispensing, delivering or administering an

anabolic steroid in violation of the provisions of subsection A of

this section, upon conviction thereof shall be guilty of a Class D3

felony offense punishable by imprisonment as provided for in

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

Statutes, or by a fine not to exceed Ten Thousand Dollars

($10,000.00), or by both such imprisonment and fine.
Okla. Stat. tit. 63, § 63-3101.5 — OK Code / Title 63 / Section 63-3101.5
Advance directive - When and which become operative
Status: in_force

A. An advance directive becomes operative when:

1. It is communicated to the attending physician; and

2. The declarant is no longer able to make decisions regarding

administration of life-sustaining treatment. When the advance

directive becomes operative, the attending physician and other

health care providers shall act in accordance with its provisions or

comply with the provisions of Section 9 of this act.

B. In the event more than one valid advance directive has been

executed and not revoked, the last advance directive so executed

shall be construed to be the last wishes of the declarant and shall

become operative pursuant to subsection A of this section.
Okla. Stat. tit. 63, § 63-1-1918B — OK Code / Title 63 / Section 63-1-1918B
Intent of Legislature regarding nursing home residents’ pain – Nursing homes to
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 23residents’ pain – Nursing homes to assess residents’ pain – Rules

and regulations regarding pain management.

A. It is the intent of the Legislature that pain experienced by

nursing home residents be assessed and treated promptly,

effectively, and for as long as pain persists.

B. On and after July 1, 2005, every nursing facility licensed

pursuant to the Nursing Home Care Act shall, as a condition of

licensure, include pain as an item to be assessed at the same time

as vital signs are taken. The nursing facility shall ensure that

pain assessment is performed in a consistent manner that is

Oklahoma Statutes - Title 63. Public Health and Safety Page 704

appropriate to the patient. The pain assessment shall be noted in

the patient’s chart in a manner consistent with other vital signs.

C. The State Board of Health shall promulgate rules, pursuant

to recommendations issued by the State Advisory Council on Pain

Management, for assessing and documenting pain.
Okla. Stat. tit. 63, § 63-1-818.14 — OK Code / Title 63 / Section 63-1-818.14
Renumbered as § 1430.14 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-2564 — OK Code / Title 63 / Section 63-1-2564
Article XV — Construction and severability
Status: in_force

ARTICLE XV

Construction and Severability

This Compact shall be liberally construed so as to effectuate

the purposes thereof. If this Compact shall be held contrary to the

constitution of any state member thereto, the Compact shall remain

in full force and effect as to the remaining member states. Nothing

in this Compact supersedes state law or rules related to licensure

of EMS agencies.

Oklahoma Statutes - Title 63. Public Health and Safety Page 864
Okla. Stat. tit. 63, § 63-1-2414.2 — OK Code / Title 63 / Section 63-1-2414.2
Renumbered as § 2-10-306 of Title 27A by Laws 1993,
Status: in_force

c. 145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-409 — OK Code / Title 63 / Section 63-1-409
Reciprocal agreements
Status: in_force

The State Commissioner of Health may, on behalf of the State of

Oklahoma, enter into a reciprocal agreement with another state

providing for care and treatment of persons having active

tuberculosis disease who are residents of the other state, or for

the transportation or return of any such nonresident person from one

of the states to the other state of which such person is a resident.
Okla. Stat. tit. 63, § 63-1-866.6 — OK Code / Title 63 / Section 63-1-866.6
Violations
Status: in_force

A. A referral agency that violates this act is subject to a

civil penalty in an amount equal to Five Hundred Dollars ($500.00)

for each violation.

B. The Attorney General or a district attorney may bring an

action to recover a civil penalty imposed under subsection A of this

section and to restrain and enjoin a violation of this act. The

Attorney General or a district attorney may recover attorney fees

and litigation costs incurred in bringing the action.
Okla. Stat. tit. 63, § 63-1-280.3 — OK Code / Title 63 / Section 63-1-280.3
Outreach program providing intensive behavioral
Status: in_force

intervention for children with autism.

The University Hospitals Authority shall establish a program

modeled after Early Foundations, an outreach program that provides

early intensive behavioral intervention for children with autism.

The program shall be established in a county selected by the

University Hospitals Authority where an Early Foundations program

does not exist.
Okla. Stat. tit. 63, § 63-1-1945 — OK Code / Title 63 / Section 63-1-1945
Definitions
Status: in_force

For purposes of the Long-term Care Security Act:

1. “Long-term care facility” means:

a. a nursing facility or specialized facility as defined

by Section 1-1902 of this title,

b. an adult day care center as defined by Section 1-872

of this title,

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

hospital as defined by Section 1-701 of this title,

Oklahoma Statutes - Title 63. Public Health and Safety Page 734

d. an assisted living center as defined by Section 1-

890.2 of this title,

e. the nursing care component of a continuum of care

facility as defined under the Continuum of Care and

Assisted Living Act,

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

defined by the Long-term Care Insurance Act, or

g. a residential care home as defined by Section 1-820 of

this title;

2. “Ombudsman” means the individual employed by the Office of

the Attorney General as the State Long-Term Care Ombudsman;

3. “Nurse aide” means any person who provides, for

compensation, nursing care or health-related services to residents

in a nursing facility, a specialized facility, a residential care

home, continuum of care facility, assisted living center, or an

adult day care center and who is not a licensed health professional.

Such term also means any person who provides such services to

individuals in their own homes as an employee or contract provider

of a home health or home care agency, or as a contract provider of

the State Plan Personal Care Program of the state Medicaid program;

4. “Employer” means any of the following facilities, homes,

agencies, or programs which are subject to the provisions of Section

1-1947 of this title:

a. a nursing facility or specialized facility as such

terms are defined in the Nursing Home Care Act,

b. a residential care home as such term is defined by the

Residential Care Act,

c. an adult day care center as such term is defined in

the Adult Day Care Act,

d. an assisted living center as such term is defined by

the Continuum of Care and Assisted Living Act,

e. a continuum of care facility as such term is defined

by the Continuum of Care and Assisted Living Act,

f. a home health or home care agency,

g. the Department of Human Services, in its capacity as

an operator of any hospital or health care institution

or as a contractor with providers under the State Plan

Personal Care Program of the state Medicaid program,

h. a hospice agency as such term is defined in the

Oklahoma Hospice Licensing Act,

i. a Medicaid home- and community-based services waivered

provider as defined in Section 1915(c) or 1915(i) of

the federal Social Security Act,

j. a staffing agency with a contracted relationship to

provide staff with direct patient access to service

recipients of one or more of the other employers

listed in this paragraph, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 735

k. an independent contractor where the independent

contractor has a contracted relationship to provide

staff or services with direct patient access to

service recipients for one or more of the employers

listed in this paragraph;

5. “Home health or home care agency” means any person,

partnership, association, corporation, or other organization which

administers, offers, or provides health care services or supportive

assistance for compensation to three or more ill, disabled, or

infirm persons in the temporary or permanent residence of such

persons, and includes any subunits or branch offices of a parent

home health or home care agency;

6. “Bureau” means the Oklahoma State Bureau of Investigation;

7. “FBI” means the Federal Bureau of Investigation;

8. “Applicant” means an individual who applies for employment

with an employer, applies to work as an independent contractor to an

employer, applies to provide services to service recipients through

the granting of clinical privileges by an employer, or applies to a

nurse aide scholarship program;

9. “Direct patient access” means access to a service recipient

of an employer, through employment, independent contract, or the

granting of clinical privileges, in which the performance of duties

involves, or may involve one-on-one contact with a service recipient

of the employer on an ongoing basis. The term shall include access

to a service recipient's property, medical information, or financial

information. The term does not include a volunteer unless the

volunteer has duties that are equivalent to the duties of a direct

patient access employee and those duties involve one-on-one contact

with a service recipient of an employer, without line-of-sight

supervision by employer staff;

10. “Independent contract” means a contract entered into by an

employer with an individual who provides the contracted services

independently or a contract entered into by an employer with an

organization or agency that employs or contracts with an individual

after complying with the requirements of this section to provide the

contracted services to the employer on behalf of the organization or

agency;

11. “Medicare” means benefits under the Federal Medicare

Program established under Title XVIII of the Social Security Act,

Title 42 of the United States Code, Sections 1395 to 1395hhh;

12. “Registry screening” means a review of those registries

identified in subsection D of Section 1-1947 of this title;

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

14. “Nurse aide scholarship program” means a nurse aide

training program operated under contract with the Oklahoma Health

Care Authority for the purpose of providing free training to

Oklahoma Statutes - Title 63. Public Health and Safety Page 736

prospective nurse aides in exchange for employment in a SoonerCare

contracted facility; and

15. “Service recipient” means a patient, resident, participant,

consumer, client, or member receiving services from an employer.
Okla. Stat. tit. 63, § 63-1-1962 — OK Code / Title 63 / Section 63-1-1962
Home care agency license — Applicability of act
Status: in_force

A. No home care agency, as that term is defined by the Home

Care Act, shall operate without first obtaining a license as

required by the Home Care Act.

B. No licensed health care facility, licensed physician,

advanced practice registered nurse, physician assistant, or state

agency employee acting in the performance of his or her duties shall

Oklahoma Statutes - Title 63. Public Health and Safety Page 782

refer a client for personal care services as defined in Section 1-

1961 of this title or for companion or sitter services as defined in

subsection A of Section 1-1972 of this title, except to an agency

licensed to provide such services. For purposes of this subsection,

"licensed health care facility" shall include acute care hospitals,

long-term acute care hospitals, rehabilitation hospitals, skilled

nursing facilities, assisted living facilities, residential care

homes, home care agencies, adult day care centers and hospice

agencies.

C. 1. No employer or contractor, except as otherwise provided

by this subsection, shall employ or contract with any individual as

a home health aide for more than four (4) months, on a full-time,

temporary, per diem or other basis, unless the individual is a

licensed health professional or unless the individual has satisfied

the requirements for certification and placement on the home health

aide registry maintained by the State Department of Health.

2. a. Any person in the employment of a home care agency as

a home health aide on June 30, 1992, with continuous

employment through June 30, 1993, shall be granted

home health aide certification by the Department on

July 1, 1993. The home care agency shall maintain

responsibility for assurance of specific competencies

of the home health aide and shall only assign the home

health aide to tasks for which the aide has been

determined to be competent.

b. Any home health aide employed between the dates of

July 1, 1992, and June 30, 1993, shall be eligible for

certification by passing a competency evaluation and

testing as required by the Department.

c. Any home health aide employed on and after July 1,

1996, shall complete any specified training,

competency evaluation and testing required by the

Department.

D. The provisions of the Home Care Act shall not apply to:

1. A person acting alone who provides services in the home of a

relative, neighbor or friend;

2. A person who provides maid services only;

3. A nurse service or home aide service conducted by and for

the adherents to any religious denomination, the tenets of which

include reliance on spiritual means through prayer alone for

healing;

4. A person providing hospice services pursuant to the Oklahoma

Hospice Licensing Act;

5. A nurse-midwife;

6. An individual, agency, or organization that contracts with

the Oklahoma Health Care Authority to provide services under the

Home- and Community-Based Waiver for persons with developmental

Oklahoma Statutes - Title 63. Public Health and Safety Page 783

disabilities or that contracts with the Department of Human Services

to provide community services to persons with developmental

disabilities; provided, that staff members and individuals providing

the services shall receive a level of training, approved by the

Department of Human Services, which meets or exceeds the level

required pursuant to the Home Care Act. An individual, agency, or

organization otherwise covered under the Home Care Act shall be

exempt from the act only for those paraprofessional direct care

services provided under contracts referenced in this paragraph;

7. An individual, agency, or organization that provides or

supports the provision of personal care services to an individual

who performs individual employer responsibilities of hiring,

training, directing and managing a personal care attendant as part

of the Oklahoma Health Care Authority Consumer-Directed Personal

Assistance Supports and Services (CD-PASS) waiver program. An

individual, agency, or organization otherwise covered under the

provisions of the Home Care Act shall be exempt from the act only

for those paraprofessional direct care services provided under

Oklahoma Health Care Authority contracts referenced in this

paragraph, but shall not be exempt from the criminal history

background check required under the Home Care Act and Section 1-

1950.1 of this title for other paraprofessional direct care service

providers. A personal care attendant hired by a consumer under the

CD-PASS program shall be exempt from certification as a home health

aide, provided such personal care attendant receives the training

required and approved by the Department of Human Services;

8. An individual who only provides Medicaid home- and

community-based personal care services pursuant to a contract with

the Oklahoma Health Care Authority;

9. An individual who:

a. is employed by a licensed home care agency exclusively

to provide personal care services in the home,

b. has no convictions pursuant to a criminal history

investigation as provided in Section 1-1950.1 of this

title,

c. is being continuously trained by a registered nurse to

provide care that is specific to the needs of the

client receiving the care,

d. is supervised by a registered nurse via an on-site

visit at least once every three (3) months or sooner

if the client experiences a significant change in

health condition including, but not limited to, a

surgery or a hospital stay, and

e. has demonstrated competency in a written training plan

developed by a registered nurse employed by the home

care agency that shall include, at a minimum, the

following:

Oklahoma Statutes - Title 63. Public Health and Safety Page 784

(1) observation, reporting, and documentation of

client status and assistance or other services

furnished,

(2) maintenance of a clean, safe, and healthy

environment,

(3) recognizing an emergency and necessary emergency

procedures,

(4) safe techniques to provide assistance with

bathing, grooming, and toileting,

(5) assistance with meal preparation and safe food

handling and storage,

(6) client rights and responsibilities and the need

for respect for the client and for the privacy

and property of the client, and

(7) basic infection control practices to include, at

a minimum, instruction in acceptable hand hygiene

techniques and the application of standard

precautions;

10. 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

11. A person qualified by the Department as a certified nurse

aide pursuant to the provisions of Section 1-1951 of this title.
Okla. Stat. tit. 63, § 63-1-741.12 — OK Code / Title 63 / Section 63-1-741.12
Wrongful life or wrongful birth action - Damages
Status: in_force

A. It is the intent of the Legislature that the birth of a

child does not constitute a legally recognizable injury and that it

is contrary to public policy to award damages because of the birth

of a child or for the rearing of that child.

B. For the purposes of this section:

Oklahoma Statutes - Title 63. Public Health and Safety Page 384

1. "Abortion" means the term as is defined in Section 1-730 of

Title 63 of the Oklahoma Statutes;

2. "Wrongful life action" means a cause of action that is

brought by or on behalf of a child, which seeks economic or

noneconomic damages for the child because of a condition of the

child that existed at the time of the child's birth, and which is

based on a claim that a person's act or omission contributed to the

mother's not having obtained an abortion; and

3. "Wrongful birth action" means a cause of action that is

brought by a parent or other person who is legally required to

provide for the support of a child, which seeks economic or

noneconomic damages because of a condition of the child that existed

at the time of the child's birth, and which is based on a claim that

a person's act or omission contributed to the mother's not having

obtained an abortion.

C. In a wrongful life action or a wrongful birth action, no

damages may be recovered for any condition that existed at the time

of a child's birth if the claim is that the defendant's act or

omission contributed to the mother's not having obtained an

abortion.

D. This section shall not preclude causes of action based on

claims that, but for a wrongful act or omission, maternal death or

injury would not have occurred, or handicap, disease, or disability

of an individual prior to birth would have been prevented, cured, or

ameliorated in a manner that preserved the health and life of the

affected individual.
Okla. Stat. tit. 63, § 63-1-229.11 — OK Code / Title 63 / Section 63-1-229.11
Short title - Prevention of Youth Access to Tobacco
Status: in_force

Act.

This act shall be known and may be cited as the "Prevention of

Youth Access to Tobacco Act".
Okla. Stat. tit. 63, § 63-1-1940 — OK Code / Title 63 / Section 63-1-1940
Violations declared public nuisance - Injunction -
Status: in_force

Complaints.

A. The operation or maintenance of a facility in violation of

the Nursing Home Care Act or rules promulgated by the State Board of

Health, pursuant thereto, is hereby declared a public nuisance,

inimical to the public welfare.

B. The State Commissioner of Health or the Department of Human

Services, in the name of the people of the state, through the

Attorney General, or the district attorney of the county in which

the facility is located, may, in addition to other remedies herein

provided, bring action for an injunction to restrain such violation

or to enjoin the future operation or maintenance of any such

facility.

C. 1. Any person with personal knowledge or substantial

specific information who believes that the Nursing Home Care Act, a

rule promulgated thereto, or a federal certification rule applying

to a facility may have been violated may file a complaint.

2. The complaint may be submitted to the State Department of

Health, in writing, by telephone, or personally. An oral complaint

shall be reduced to writing by the Department.

3. Any person who willfully or recklessly makes a false

complaint or a report without a reasonable basis in fact for such a

complaint, under the provisions of the Nursing Home Care Act, shall

be liable in a civil suit for any actual damages suffered by a

facility for any punitive damages set by the court or jury which may

be allowed in the discretion of the court or jury when deemed proper

by the court or jury.

4. The substance of the complaint shall be provided to the

licensee, owner or administrator no earlier than at the commencement

of the on-site inspection of the facility which takes place pursuant

to the complaint.

5. Upon receipt of a complaint pursuant to this subsection, the

Department shall determine whether the Nursing Home Care Act, a rule

promulgated pursuant thereto, or a federal certification rule for

facilities has been or is being violated and whether the Department

Oklahoma Statutes - Title 63. Public Health and Safety Page 731

has jurisdiction over the complaint area. If the Department does

not have jurisdiction over the complaint area, the complaint shall

not be investigated by the Department and notice of the decision not

to investigate shall be given to the complainant. The complaint

shall be immediately referred to the appropriate agency having

jurisdiction over the complaint area. A report summarizing the

complaint investigation shall be made in writing. The Department

shall give priority to investigations of complaints which allege

continuing violations or which threaten the health and safety of

residents.

6. In all cases, the Department shall inform the complainant of

its findings within ten (10) working days of its determination

unless otherwise indicated by the complainant. The complainant may

direct the Department to send a copy of such findings to one other

person. The notice of such findings shall include a copy of the

written determination, the remedial action taken, if any, and the

state licensure or federal certification, or both, on which the

violation is listed.

D. 1. Upon receipt of a complaint submitted to the State

Department of Health by the Department of Human Services or the

Attorney General which alleges a violation of the Nursing Home Care

Act, any rule promulgated thereto, or federal certification rules,

and which also alleges that such violation is a serious threat to

the health, safety and welfare of a resident of a nursing facility,

the State Department of Health shall take immediate action to remedy

the violation based upon the complaint of the Department of Human

Services.

2. The Department of Human Services or the Attorney General as

applicable shall be deemed a party pursuant to the Administrative

Procedures Act for purposes of any complaint made by the Department

of Human Services or the Attorney General as applicable to the State

Department of Health for violations of the Nursing Home Care Act,

rules promulgated thereto or federal certification rules.

a. Within thirty (30) days of receipt of a final

investigative report submitted by the Department of

Human Services or the Attorney General as applicable

pursuant to this section, the State Department of

Health shall provide the Department of Human Services

with a written summary of any action taken pertaining

to the complaint including, but not limited to, any

inspection or actions which may be taken by the State

Department of Health.

b. Whenever the Department of Human Services or the

Attorney General as applicable believes that the

conditions giving rise to a complaint alleging a

serious threat to the health, safety and welfare of a

resident of a nursing facility have not been

Oklahoma Statutes - Title 63. Public Health and Safety Page 732

adequately addressed, the Department of Human Services

may request a hearing on the complaint as provided by

Section 309 of Title 75 of the Oklahoma Statutes.

E. A written determination, notice of violation and remedial

action taken concerning a complaint shall be available for public

inspection at the facility.

F. The Department shall seek any remedial action provided under

the Nursing Home Care Act for violations documented during complaint

investigations.

G. The State Board of Health shall promulgate rules governing

the receipt, investigation and resolution of complaints and reports

of violations. The rules promulgated by the Board shall provide for

the expeditious investigation and resolution of a complaint or

report including, but not limited to:

1. An easily understood and readily accessible method of

submitting complaints and reports regarding complaints;

2. Actions to be taken upon the receipt of a complaint or

report of a complaint;

3. Establishing a priority for investigations of complaints.

Specifically, the Department shall give higher priority to

investigations of complaints which allege continuing violations or

which threaten the health, safety or welfare of residents;

4. The timely investigation of the complaint or report of a

complaint;

5. Written reports to the complainants or persons filing the

complaint report;

6. Any necessary or appropriate remedial action as determined

by the findings of the investigation;

7. The protection of the identity of the complainant, provided

that the person is a current or past resident or resident’s

representative or designated guardian or a current or past employee

of a facility;

8. Specific information to be included in investigative

protocols which must include at a minimum an interview with:

a. the complainant,

b. the resident, if possible, and

c. any potential witness, collateral resource or affected

resident; and

9. Any additional rules necessary for the timely and thorough

investigation and resolution of complaints.

H. The Department is authorized to employ hearing officers, and

hire attorneys to represent the Department and Commissioner to

ensure that this and other laws pertaining to the Department are

properly executed.
Okla. Stat. tit. 63, § 63-3111.7 — OK Code / Title 63 / Section 63-3111.7
Rights of persons authorized to make health care
Status: in_force

decisions.

Unless otherwise specified in a power of attorney for health

care, a person then authorized to make health care decisions for a

patient has the same rights as the patient to request, receive,

examine, copy, and consent to the disclosure of medical or any other

health care information.
Okla. Stat. tit. 63, § 63-421 — OK Code / Title 63 / Section 63-421
Medical marijuana dispensary license application – Fee –
Status: in_force

Criteria for license – Monthly sales report.

A. The Oklahoma Medical Marijuana Authority shall make

available on its website in an easy-to-find location an application

for a medical marijuana dispensary license. The application fee to

be paid by the applicant shall be in the amounts provided for in

Section 427.14 of this title. A method of payment for the

application fee shall be provided on the website of the Authority.

Dispensary applicants must all be residents of Oklahoma. Any entity

applying for a dispensary license must be owned by a resident of

this state and must be registered to do business in this state. The

Authority shall have ninety (90) business days to review the

application; approve, reject, or deny the application; and send the

approval, rejection, or denial letter stating reasons for the

rejection or denial to the applicant in the same method the

application was submitted to the Authority.

B. The Authority shall approve all applications which meet the

following criteria:

1. The applicant must be twenty-five (25) years of age or

older;

2. The applicant, if applying as an individual, must show

residency in this state;

3. All applying entities must show that all members, managers,

and board members are residents of this state;

4. An applying entity may show ownership of nonstate residents,

but that percentage ownership may not exceed twenty-five percent

(25%);

Oklahoma Statutes - Title 63. Public Health and Safety Page 1103

5. All applying individuals or entities must be registered to

conduct business in this state; and

6. All applicants must disclose all ownership interests in the

dispensary.

Applicants with a nonviolent felony conviction in the last two

(2) years, any other felony conviction in the last five (5) years,

inmates in the custody of the Department of Corrections or any

person currently incarcerated shall not qualify for a medical

marijuana dispensary license.

C. Licensed medical marijuana dispensaries shall be required to

complete a monthly sales report to the Authority. This report shall

be due on the fifteenth of each month and provide reporting on the

previous month. This report shall detail the weight of marijuana

purchased at wholesale and the weight of marijuana sold to licensed

medical marijuana patients and licensed caregivers and account for

any waste. The report shall show total sales in dollars, tax

collected in dollars, and tax due in dollars. The Authority shall

have oversight and auditing responsibilities to ensure that all

marijuana being grown is accounted for.

D. Only a licensed medical marijuana dispensary may conduct

retail sales of marijuana or marijuana derivatives. Beginning on

November 1, 2021, licensed medical marijuana dispensaries shall be

authorized to package and sell pre-rolled marijuana to licensed

medical marijuana patients and licensed caregivers. The products

described in this subsection shall contain only the ground parts of

the marijuana plant and shall not include marijuana concentrates or

derivatives. The total net weight of each pre-roll packaged and

sold by a medical marijuana dispensary shall not exceed one (1)

gram. These products shall be tested, packaged and labeled in

accordance with state law and rules promulgated by the Executive

Director of the Oklahoma Medical Marijuana Authority.

E. No medical marijuana dispensary shall offer or allow a

medical marijuana patient licensee, caregiver licensee or other

member of the public to handle or otherwise have physical contact

with any medical marijuana not contained in a sealed or separate

package. Provided, such prohibition shall not preclude an employee

of the medical marijuana dispensary from handling loose or

nonpackaged medical marijuana to be placed in packaging consistent

with the Oklahoma Medical Marijuana and Patient Protection Act and

the rules promulgated by the Executive Director for the packaging of

medical marijuana for retail sale. Provided, further, such

prohibition shall not prevent a medical marijuana dispensary from

displaying samples of its medical marijuana in separate display

cases, jars or other containers and allowing medical marijuana

patient licensees and caregiver licensees the ability to handle or

smell the various samples as long as the sample medical marijuana is

used for display purposes only and is not offered for retail sale.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1104

Added by Section 2, State Question No. 788, Initiative Petition No.

412, adopted at election held June 26, 2018, eff. July 26, 2018.
Okla. Stat. tit. 63, § 63-2356 — OK Code / Title 63 / Section 63-2356
Penalties
Status: in_force

Whoever violates the provisions of this act shall be guilty of a

misdemeanor and upon conviction thereof, shall be sentenced to pay a

fine of not less than Five Hundred Dollars ($500.00) or imprisonment

of not more than one (1) year, or both.
Okla. Stat. tit. 63, § 63-3102.3 — OK Code / Title 63 / Section 63-3102.3
Patient disclosure relating to advanced directives
Status: in_force

forms and registry.

A. The State Department of Health shall prepare, and from time

to time amend, a disclosure statement designed to inform patients of

the availability of the advance directive forms on the Department’s

website and of the option of filing executed advance directives with

the Department’s advance directives registry. The Department shall

make the current disclosure statement available on the Department’s

website and shall inform the entities specified in subsection B of

this section of the availability of the disclosure statement and how

to obtain the disclosure statement.

B. Any entity to which the requirements of 42 U.S.C., Section

1395cc(f) or of 42 U.S.C., Section 1396a(w) apply shall, at the time

of providing the written information required by 42 U.S.C., Section

1395cc(f)(1)(A)(i) or 42 U.S.C., Section 1396a(w)(1)(A)(i), include

a copy of the disclosure statement described in subsection A of this

section.
Okla. Stat. tit. 63, § 63-1-561 — OK Code / Title 63 / Section 63-1-561
Short title
Status: in_force

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

Counseling Licensure Act”.
Okla. Stat. tit. 63, § 63-4210 — OK Code / Title 63 / Section 63-4210
Operation of certain devices or vessels – Prohibited acts
Status: in_force

– Yielding to emergency vessels - Penalties.

A. No person shall operate, manipulate or give permission to

any person to operate or manipulate any parasails, water skis,

surfboard, personal watercraft, or similar device, or any vessel in

a reckless or negligent manner so as to endanger the life or

property of any person.

B. No person shall lease or otherwise give permission to

another person to operate any vessel on any waters of this state,

except privately owned waters, while the operator is under the

influence of alcohol or any substance included in the Uniform

Controlled Dangerous Substances Act or any combination of alcohol

and such substance.

C. Upon the immediate approach of an authorized emergency

vessel making use of an audible or a visual signal or a combination

thereof, the operator of every other vessel shall immediately stop

his or her vessel whenever or wherever practical or otherwise yield

the right-of-way until such authorized emergency vessel has passed,

except when otherwise directed by a duly authorized peace officer of

this state.

D. No person shall overload or give permission to overload a

vessel with passengers or gear so as to exceed the posted capacity

plate, United States Coast Guard standards, or the vessel

manufacturer’s recommended capacity.

E. No person shall operate or give permission to operate any

vessel on the waters of this state for which the manufacturer has

affixed a maximum horsepower capacity plate so as to exceed the

posted capacity plate or to exceed the United States Coast Guard

standards for maximum horsepower capacity; provided, this provision

shall not apply to vessels operating in sanctioned events.

F. No person shall operate, drive or be in actual physical

control of any vessel on any waters of this state, except privately

owned waters, at speeds in excess of the speed limits established

for those waters.

G. No person shall operate on the waters of this state, except

privately owned waters, any vessel, including personal watercraft,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1669

within fifty (50) feet in proximity to another vessel when running

at speeds of over ten (10) miles per hour; provided, this

prohibition shall not apply to vessels operating in sanctioned

events.

H. Any violation of the provisions of this section shall

constitute a misdemeanor and shall be punishable, upon conviction,

by a fine of not less than Fifty Dollars ($50.00) nor more than Two

Hundred Fifty Dollars ($250.00) and shall be subject to imprisonment

in the county jail for a period not to exceed six (6) months.
Okla. Stat. tit. 63, § 63-1-509 — OK Code / Title 63 / Section 63-1-509
Inflammation of eyes of newborn infants
Status: in_force

Any inflammation, swelling or unusual redness in either one or

both eyes of any infant, together with any unnatural discharge from

the eye or eyes of such infant, independent of the nature of the

infection, if any, occurring at any time within four (4) weeks after

the birth of such infant, shall be known as "inflammation of the

eyes of the newborn" (ophthalmia neonatorum).