Okla. Stat. tit. 63, § 63-4033 — OK Code / Title 63 / Section 63-4033
Dealers license required - Multiple locations - Bona fide
Status: in_force

dealer status - Applications - Report of transfer of ownership -

Posting license - Authority granted by license - Compliance with

act.

A. It shall be unlawful for any person to engage in the

business of selling, or to serve in the capacity of, or act as a

Oklahoma Statutes - Title 63. Public Health and Safety Page 1639

dealer of new or used vessels, or motors, or new and used vessels,

and motors or any combination thereof in this state without first

obtaining a license therefor as provided for by the Oklahoma Vessel

and Motor Registration Act. Any person having more than one

location where such business is carried on or conducted shall be

required to obtain and hold a current license for each such

location.

B. 1. Dealer licenses issued pursuant to this section shall be

issued only to persons that prove to the satisfaction of Service

Oklahoma that they are clearly recognizable as bona fide dealers.

Proof of bona fide dealer status shall include, but need not be

limited to, the following:

a. Maintenance of a display area capable of regularly

displaying at least three vessels or motors, or a

minimum of one thousand two hundred (1,200) square

feet, indoors or outdoors,

b. Annual sales of substantial numbers of new or used

vessels or motors. "Substantial sales" normally means

sale of five or more vessels or motors unless the

applicant can show unusual circumstances justifying

lesser sales,

c. Consistent identification of the business as a dealer

or mercantile establishment in advertising, signs,

telephone book listings, and the like. The dealership

must be clearly identifiable as such by any person who

visits or deals with it,

d. Location of dealership in areas where zoning permits

such sales and commercial operations,

e. Regular hours of operation from May 1 to September 1,

inclusive, at least five (5) days per week, and

f. a picture, upon application for a new license, of the

business location which includes the selling lot and

the office and business sign.

2. Service Oklahoma shall issue a license to sell new vessels

or motors only to those persons having a dealer agreement to sell

new vessels or new motors in this state.

C. 1. Applications for licenses required to be obtained

pursuant to the provisions of this section shall be verified by the

oath or affirmation of the applicant and shall be on forms

prescribed by Service Oklahoma and furnished to such applicants, and

shall contain such information as Service Oklahoma deems necessary

to enable it to fully determine the qualifications and eligibility

of the applicant to receive the license requested. Service Oklahoma

shall require in such application, or otherwise, information

relating to:

a. the applicant's financial standing,

b. the applicant's business integrity,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1640

c. whether the applicant has an established place of

business and is primarily engaged in the pursuit,

avocation or business for which a license or licenses

have been requested,

d. whether the applicant is able to properly conduct the

business for which a license or licenses have been

requested, and

e. such other pertinent information consistent with the

safeguarding of the public interest and the public

welfare.

All such applications for license or licenses shall be

accompanied by the appropriate fee or fees therefor in accordance

with the schedule set out in Section 4034 of this title.

2. In the event any such application is denied and the license

for which requested is not issued, the entire license fee shall be

returned to the applicant.

3. All licenses issued under the provisions of the Oklahoma

Vessel and Motor Registration Act shall expire on December 31

following the date of issue and shall be nontransferable. All

applications for renewal of a license issued pursuant to the

provisions of this section shall be submitted by December 1 of eachReport of transfer of ownership - Posting license - Authority granted by license - Compliance withquested is not issued, the entire license fee shall be

returned to the applicant.

3. All licenses issued under the provisions of the Oklahoma

Vessel and Motor Registration Act shall expire on December 31

following the date of issue and shall be nontransferable. All

applications for renewal of a license issued pursuant to the

provisions of this section shall be submitted by December 1 of each

year, and such license will be issued by January 1. If applications

have not been made for renewal of licenses by December 31 of each

year it shall be illegal for any person to sell or to serve in the

capacity or act as a dealer. If after January 31 of each year the

license has not been renewed or the renewal paid, then such licensee

shall be required to apply for a license as a new applicant.

Licensed operators will be notified not to accept such dealers'

titles until such time as licenses have been issued by Service

Oklahoma. Provided, however, such dealers may transfer titles to

vessels or motors purchased for resale prior to the expiration of

their license. Such dealer shall provide the purchaser with a copy

of the invoice showing purchase of the vessel or motor prior to the

expiration of the dealer's license. Such transfers shall only be

allowed within two (2) years of the license expiration.

D. Application for a dealer's license must show that such

dealer has not violated any of the provisions of this section.

E. Service Oklahoma may require every person licensed as a

dealer, pursuant to the provisions of this subsection, to make a

report to Service Oklahoma within a period of seven (7) days after

the transfer by such person of the legal ownership of every vessel

or motor upon a form prescribed and furnished by Service Oklahoma,

showing the name and address of the purchaser, a description of the

vessel or motor, including but not limited to the make, model, year

made, permanent vessel number or motor number, as the case might be,

the date of the transfer and such other information as the

Commission may require, and containing a certificate signed by the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1641

seller that the purchaser was given notice at the time of the sale

or transfer that the purchaser is required by law to obtain a

certificate of title for such vessel or motor from Service Oklahoma

within thirty (30) calendar days after such sale or transfer.

Service Oklahoma may cancel or suspend, in the manner provided by

law, the license of any person licensed as a dealer pursuant to the

provisions of this section who fails or refuses to comply with the

provisions of this section. Dealers failing to comply with

provisions of this section shall be responsible for all taxes due on

such sales or on such vessels or motors.

F. The license of each dealer shall be posted in a conspicuous

place in the dealer's place or places of business.

G. 1. A new dealer's license authorizes a dealer to transfer,

purchase and sell new and used vessels and motors.

2. A used dealer's license authorizes a dealer to transfer,

purchase and sell used vessels and motors.

3. A new dealer's license or a used dealer's license authorizes

a dealer to transfer and assign titles and purchase new and used

vessels and motors without paying excise tax.

H. Any dealer agreement executed or renewed on and after the

effective date of this act shall comply with the provisions of the

Oklahoma Vessel and Motor Registration Act.
Okla. Stat. tit. 63, § 63-1-740.3 — OK Code / Title 63 / Section 63-1-740.3
Judicial authorization prior to abortion - Court
Status: in_force

proceedings - Confidentiality - Appeal.

A. If a pregnant unemancipated minor elects not to allow the

request for written informed consent of her parent, any judge of a

district court in the county in which the pregnant unemancipated

minor resides shall, upon petition or motion, and after an

appropriate hearing, authorize a physician to perform the abortion

if the judge determines, by clear and convincing evidence, that the

pregnant unemancipated minor is mature and capable of giving

informed consent to the proposed abortion based upon her experience

level, perspective, and judgment. If the judge determines that the

pregnant unemancipated minor is not mature, or if the pregnant

unemancipated minor does not claim to be mature, the judge shall

determine, by clear and convincing evidence, whether the performance

of an abortion upon her without written informed consent of her

parent would be in her best interest and shall authorize a physician

to perform the abortion without written informed consent if the

judge concludes that the best interests of the pregnant

unemancipated minor would be served thereby.

In assessing the experience level of the pregnant unemancipated

minor, the court may consider, among other relevant factors, the age

of the pregnant unemancipated minor and experiences working outside

the home, living away from home, traveling on her own, handling

personal finances, and making other significant decisions. In

assessing the perspective of the pregnant unemancipated minor, the

court may consider, among other relevant factors, what steps the

pregnant unemancipated minor took to explore her options and the

extent to which she considered and weighed the potential

consequences of each option. In assessing the judgment of the

pregnant unemancipated minor, the court may consider, among other

relevant factors, the conduct of the pregnant unemancipated minor

since learning of her pregnancy and her intellectual ability to

understand her options and to make an informed decision. In

assessing whether, by clear and convincing evidence, obtaining the

written informed consent of the parent of the pregnant unemancipated

minor is not in her best interest, a court may not consider the

potential financial impact on the pregnant unemancipated minor or

the family of the pregnant unemancipated minor if she does not have

an abortion.

Oklahoma Statutes - Title 63. Public Health and Safety Page 368

B. A pregnant unemancipated minor may participate in

proceedings in the court on her own behalf, and the court may

appoint a guardian ad litem for her. The court shall advise the

pregnant unemancipated minor that she has a right to court-appointed

counsel and, upon her request, shall provide her with counsel.

C. Proceedings in the court under this section shall be

confidential and shall be given precedence over other pending

matters so that the court may reach a decision promptly and without

delay so as to serve the best interests of the pregnant

unemancipated minor. A judge of the court who conducts proceedings

under this section shall make, in writing, specific factual findings

and legal conclusions supporting the decision and shall order a

record of the evidence to be maintained, including the findings and

conclusions of the court.

D. An expedited confidential appeal shall be available to any

pregnant unemancipated minor for whom the court denies an order

authorizing an abortion without written informed consent of one

parent. An order authorizing an abortion without written informed

consent of one parent shall not be subject to appeal. No filing

fees shall be required of any pregnant unemancipated minor at either

the trial or the appellate level. Access to the trial court for the

purpose of a petition or motion, and access to the appellate courts

for the purpose of making an appeal from the denial of same, shall

be afforded a pregnant unemancipated minor twenty-four (24) hours a

day, seven (7) days a week.
Okla. Stat. tit. 63, § 63-1-745.40 — OK Code / Title 63 / Section 63-1-745.40
Affirmative defense
Status: in_force

A. 1. A defendant against whom an action is brought under

Section 9 of this act may assert an affirmative defense to liability

under this section if:

a. the defendant has standing to assert the rights of

women seeking an abortion under the tests for third-

Oklahoma Statutes - Title 63. Public Health and Safety Page 407

party standing established by the United States

Supreme Court, and

b. the imposition of civil liability on the defendant

will result in an undue burden on a woman or group of

women seeking an abortion.

2. The defendant shall bear the burden of proving the

affirmative defense in this subsection by a preponderance of the

evidence.

B. The affirmative defense under subsection A of this section

shall not be available if the United States Supreme Court overrules

Roe v. Wade, 410 U.S. 113 (1973) or Planned Parenthood v. Casey, 505

U.S. 833 (1992), regardless of whether the conduct on which the

cause of action is based under Section 9 of this act occurred before

the Supreme Court overruled either of those decisions.

C. Nothing in this section or this act shall in any way limit

or preclude a defendant from asserting the defendant's personal

constitutional rights as a defense to liability under Section 9 of

this act, and a court shall not award relief under Section 9 of this

act if the conduct for which the defendant has been sued was an

exercise of state or federal constitutional rights that personally

belong to the defendant.

D. Nothing in this section or this act shall limit or preclude

a defendant from asserting the unconstitutionality of any provision

of this act as a defense to liability under Section 9 of this act.
Okla. Stat. tit. 63, § 63-1-879.2a — OK Code / Title 63 / Section 63-1-879.2a
Short title - Alzheimer's Dementia and Other Forms of
Status: in_force

Dementia Special Care Disclosure Act.

This act shall be known and may be cited as the "Alzheimer's

Dementia and Other Forms of Dementia Special Care Disclosure Act".
Okla. Stat. tit. 63, § 63-4209.4 — OK Code / Title 63 / Section 63-4209.4
See the following versions:
Status: in_force

OS 63-4209.4v1 (SB 1108, Laws 2025, c. 171, § 65)

OS 63-4209.4v2 (HB 2104, Laws 2025, c. 486, § 553)
Okla. Stat. tit. 63, § 63-1-1972 — OK Code / Title 63 / Section 63-1-1972
Companion and sitter service licensure – Requirements -
Status: in_force

Violations.

A. As used in this section:

1. “Companion” or “sitter” means assistance with household

tasks, shopping, meal preparation or planning, and provision of

fellowship and other nonpersonal care for the individual including

transportation, letter writing, socialization, and is intended to

enable the individual to remain safely and comfortably in their

place of residence in exchange for consideration; and

2. “Agency” means any partnership, firm, corporation,

association, limited liability company, and any other legal entity

authorized to do business in Oklahoma.

B. The State Board of Health, with the advice and consent of

the Home Health Advisory Board, is authorized to promulgate rules in

accordance with the Home Care Act to cover agencies providing

companion and sitter services that at a minimum require:

1. An individual to be designated by the legal entity to

provide supervision of the companion or sitter services;

2. Criminal background checks;

3. Workers’ compensation coverage;

4. A nonrefundable application fee of One Thousand Dollars

($1,000.00) for an initial license;

5. A nonrefundable renewal application fee of Five Hundred

($500.00);

Oklahoma Statutes - Title 63. Public Health and Safety Page 794

6. Liability insurance in amounts determined by the Department;

and

7. A system of record keeping that shall include:

a. the name, address, and services provided for all

clients,

b. duties performed for each day of service,

c. criminal background checks of companions or sitters

which shall meet the criteria established for

certified nurse aides as provided for in Section 1-

1950.1 of this title, and

d. any other related information.

C. The State Department of Health shall investigate complaints

of noncompliance with the requirements provided in subsection B of

this section concerning agencies that provide companion or sitter

services in this state. Any agency, employer, employee, or

designated agent thereof that provides, offers, or advertises

companion or sitter services shall become licensed with the State

Department of Health pursuant to the Home Care Act.

D. Any agency that:

1. Is represented by the title “home care agency”, without

having first complied with the provisions of the Home Care Act;

2. Otherwise offers to perform personal care or home care

services, as defined in Section 1-1961 of this title;

3. Uses any other name, style, or description denoting that the

agency is licensed to provide personal care or home care services;

or

4. Is in violation of subsection C of this section,

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

punished by a fine of not less than Five Hundred Dollars ($500.00)

nor more than Five Thousand Dollars ($5,000.00) for each offense, by

imprisonment for a term not to exceed six (6) months in the county

jail, or by both fine and imprisonment.

E. It shall be unlawful for any agency not licensed in

accordance with the Home Care Act to advertise or otherwise offer

personal care, companion or sitter services, home care services, to

use the title “home care agency”, “home health agency”, or “senior

care agency”, or to provide personal care, companion or sitter

services, or home care services. Such action shall be subject to

equitable relief in accordance with Section 1-1967 of this title.

F. The provisions of this section shall not apply to those

persons exempted under subsection C of Section 1-1962 of this title

and any individual not employed by an agency.

G. The State Board of Health shall promulgate rules necessary

for the investigation and hearing of complaints regarding a

companion or sitter service. The rules shall include provisions for

a review process to be presided over by a mediator or arbitrator,

Oklahoma Statutes - Title 63. Public Health and Safety Page 795

acceptable to all parties, and who is not an employee of the State

Department of Health.

H. An entity that holds a valid license as a home care agency

under the Home Care Act and meets the requirements of this section

may provide companion or sitter services in addition to home care

services under an existing license.
Okla. Stat. tit. 63, § 63-5052 — OK Code / Title 63 / Section 63-5052
Opportunity for hearing before Authority - Record -
Status: in_force

Review by Administrator - Judicial review.

A. Any applicant or recipient, adversely affected by a decision

of the Oklahoma Health Care Authority on benefits or services

provided pursuant to the provisions of this title, shall be afforded

an opportunity for a hearing pursuant to the provisions of

subsection B of this section after such applicant or recipient has

been notified of the adverse decision of the Authority.

B. 1. Upon timely receipt of a request for a hearing as

specified in the notice of adverse decision and exhaustion of other

available administrative remedies, the Authority shall hold a

hearing pursuant to the provisions of rules promulgated by the

Oklahoma Health Care Authority Board pursuant to this section.

2. The record of the hearing shall include, but shall not be

limited to:

a. all pleadings, motions and intermediate rulings,

b. evidence received or considered,

c. any decision, opinion or report by the officer

presiding at the hearing, and

d. all staff memoranda or data submitted to the hearing

officer or members of the agency in connection with

their consideration of the case.

3. Oral proceedings shall be electronically recorded by the

Authority. Any party may request a copy of the tape recording of

such person's administrative hearing or may request a transcription

of the tape recording to comply with any federal or state law.

C. Any decision of the Authority after such a hearing pursuant

to subsection B of this section shall be subject to review by the

Administrator of the Oklahoma Health Care Authority or designated

administrative law judge upon a timely request for review by the

applicant or recipient. The Administrator may only designate an

administrative law judge at another state agency, as established in

the State Medicaid Plan and approved by the Centers for Medicare and

Medicaid Services. The Administrator or designated administrative

law judge shall issue a decision after review. A hearing decision

of the Authority shall be final and binding unless a review is

requested pursuant to the provisions of this subsection. The

decision of the Administrator or designated administrative law judge

may be appealed to the district court in which the applicant or

recipient resides within thirty (30) days of the date of the

decision of the Administrator or designated administrative law judge

as provided by the provisions of subsection D of this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1750

D. Any applicant or recipient under this title who is aggrieved

by a decision of the Administrator or designated administrative law

judge rendered pursuant to this section may petition the district

court in which the applicant or recipient resides for a judicial

review of the decision pursuant to the provisions of Sections 318

through 323 of Title 75 of the Oklahoma Statutes. A copy of the

petition shall be served by mail upon the general counsel of the

Authority.
Okla. Stat. tit. 63, § 63-1-525 — OK Code / Title 63 / Section 63-1-525
Exposure of prescriptions and records - Disclosure of results of examinations of persons
Status: in_force

arrested for certain sex offenses and offenses involving human immunodeficiency virus (HIV) -

Oklahoma Statutes - Title 63. Public Health and Safety Page 6results of examinations of persons arrested for certain sex offenses

and offenses involving human immunodeficiency virus (HIV) - Testing

and counseling services - Rules and regulations.

A. 1. Except as otherwise provided by law, the prescription

and records required by Sections 1-522 and 1-523 of this title to be

filed and maintained shall not be released to or opened by any

person other than the State Commissioner of Health or local health

officer, or in the event a person has tested positive for human

immunodeficiency virus (HIV), methicillin-resistant staphylococcus

aureus (MRSA), hepatitis or any other communicable disease to the

funeral director or embalmer who will be or is preparing the body

for burial or other disposition, or when properly ordered by a court

of competent jurisdiction to be used as evidence in such court.

2. No information shall be given to any person concerning any

infected person except to persons authorized pursuant to Sections 1-

502.1 and 1-523 of this title to receive such information.

3. Records of diagnosis and treatment may be transmitted to

physicians and to health authorities in this and other states upon

written request of the person affected.

B. 1. Results of examinations conducted on persons arrested by

lawful warrant for the offense of first or second degree rape,

forcible sodomy, or intentional infection or attempted infection of

a person with the human immunodeficiency virus, shall be provided to

the alleged victim of the crime upon the request of the victim, the

parent of the victim if the victim is a minor, or upon request of

the legal guardian or custodian of the victim.

2. The name of the arrested and examined person shall not be

disclosed on the transmitted record. The State Department of Health

shall provide to the victims the positive test results.

3. The Department shall provide free testing to the alleged

victim for any sexually transmitted infection (STI) or communicable

Oklahoma Statutes - Title 63. Public Health and Safety Page 226

disease for which the arrestee tests positive, as indicated in the

transmitted record of diagnosis.

4. Such testing shall be accompanied with pretest and posttest

counseling. Such counseling shall include the provision of

information to the victim or the parent, legal guardian or custodian

of the victim concerning the STI or communicable disease indicated

in the transmitted record and the location of public and private

facilities in the vicinity offering tests and counseling for persons

who have the sexually transmitted infection (STI) or communicable

disease.

C. The State Board of Health shall promulgate rules for the

examination authorized or required by Section 1-524 of this title

and for the release of records containing results of examinations

authorized by subsections A and B of this section. The rules shall

establish procedural guidelines which respect the rights of the

person arrested for the alleged offense and the victim of the

alleged offense.
Okla. Stat. tit. 63, § 63-689.2 — OK Code / Title 63 / Section 63-689.2
Renumbered as § 4-2-105 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-217 — OK Code / Title 63 / Section 63-1-217
Fees - Disposition
Status: in_force

All fees authorized by municipal or county ordinances, rules or

regulations shall be collected as such ordinances, rules or

regulations may provide and such fees shall become a part of the

general revenue of the unit of government levying the same.
Okla. Stat. tit. 63, § 63-1-1965 — OK Code / Title 63 / Section 63-1-1965
Procedures for licensure
Status: in_force

A. Every person, corporation, partnership, association or other

legal entity desiring to obtain a license to establish, or to obtain

a renewal license to operate, a home care agency in this state shall

make application to the State Department of Health in such form and

accompanied by such information as the State Commissioner of Health

shall prescribe. Such information shall include, but not be limited

to:

1. The name and location of the home care agency for which a

license is sought; and

2. The name and address of the person or persons under whose

ownership, operation, management, or supervision the home care

agency will be conducted.

B. 1. An application for an initial license to establish or

operate a new home care agency shall be accompanied by a

nonrefundable application fee of up to Three Thousand Dollars

($3,000.00) not to exceed the reasonable costs incurred by the

Department in implementing the Home Care Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 789

2. An application for a license, or renewal thereof, to operate

an existing home care agency shall be accompanied by a nonrefundable

licensing fee of Five Hundred Dollars ($500.00).

3. An application for license, or renewal thereof, to establish

or operate a home care agency branch office of an agency licensed in

the State of Oklahoma shall be accompanied by a nonrefundable

licensing fee of Twenty-five Dollars ($25.00).

4. Funds collected pursuant to this section shall be deposited

in the Home Health Care Revolving Fund.

C. Disclosure statements shall be completed by the applicant

and all affiliated persons and such other legal entities specified

by this subsection. The disclosure statements shall be made a part

of the application and shall include, but not be limited to, the

following information:

1. The full name and address of the applicant, and all

affiliated persons;

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

applicant holds a debt or equity interest of at least five percent

(5%) or which is a parent company or subsidiary of the applicant;

3. A description of any ongoing organizational relationships as

they may impact operations within the state; and

4. The names, locations, and dates of ownership, operation, or

management for all current and prior home care agencies owned,

operated or managed in this state or in any other state by the

applicant or by any affiliated persons.

D. An application for a license for a home care agency may be

denied by the Commissioner for any of the following reasons:

1. Failure to meet any of the minimum standards of the Home

Care Act or rules of the Board promulgated pursuant thereto; or

2. Conviction of the applicant, or any affiliated persons, for

any offense listed in subsection F of Section 1-1950.1 of this

title.

E. The license issued by the Commissioner shall:

1. Not be transferable or assignable except to any affiliated

person, parent company or subsidiary of the applicant or legal

entity which has an ongoing organizational relationship with the

applicant;

2. Be posted in a conspicuous place, open to the public, on the

licensed premises;

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

and

4. Except as otherwise provided by this paragraph, expire on

July 31 of each year. The Department shall promulgate rules which

will authorize or allow:

a. the term of a renewal license issued pursuant to the

Home Care Act prior to the effective date of this act

which will expire prior to July 1, 1997, to be

Oklahoma Statutes - Title 63. Public Health and Safety Page 790

extended or any application fee or other fee required

by the Home Care Act to be prorated so that a renewal

license may be issued on August 1, 1997, and

b. the issuance of a new license, or a renewal license,

prior to or after the effective date of this act to

establish or operate a home care agency pursuant to

the Home Care Act for less than one (1) year or the

proration of any application fee or other fee so

required so that a renewal license may be issued on

August 1, 1997.

F. After issuing a license, the Commissioner may revoke or

suspend the license based on any of the following grounds:

1. Violation of any of the provisions of the Home Care Act or

the rules or standards promulgated by the Board; or

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

illegal act by a licensed home care agency.

G. The issuance or renewal of a license after notice of a

violation shall not constitute a waiver by the Department of its

power to rely on the violation as the basis for subsequent

revocation of a license or other enforcement action authorized by

the Home Care Act.

H. For purposes of this section:

1. "Affiliated person" means:

a. any officer, director or partner of the applicant,

b. any person employed by the applicant as a general or

key manager who directs the operations of the facility

which is the subject of the application, and

c. any person owning or controlling more than five

percent (5%) of the applicant's debt or equity; and

2. "Subsidiary" means any person, firm, corporation or other

legal entity which:

a. controls or is controlled by the applicant,

b. is controlled by an entity that also controls the

applicant, or

c. the applicant or an entity controlling the applicant

has directly or indirectly the power to control.
Okla. Stat. tit. 63, § 63-4256 — OK Code / Title 63 / Section 63-4256
Civil proceedings
Status: in_force

A. The Attorney General, any district attorney or any aggrieved

person may institute civil proceedings against any person in any

court of competent jurisdiction seeking relief from conduct

constituting a violation of any provision of the Vessel and Motor

Chop Shop, Stolen and Altered Property Act. If the plaintiff in

such a proceeding proves the alleged violation, or its threat, by a

preponderance of the evidence, any court of competent jurisdiction,

after due provision for the rights of innocent persons, shall grant

relief by entering any appropriate order or judgment, including, but

not limited to:

1. Ordering any defendant to be divested of any interest in any

property;

2. Imposing reasonable restrictions upon the future activities

or investments of any defendant, including prohibiting any defendant

from engaging in the same type of endeavor as the defendant was

engaged in previously;

3. Ordering the suspension or revocation of a license, permit,

or prior approval granted by any public agency or any other public

authority; or

4. Ordering the surrender of the charter of a corporation

organized under the laws of the state or the revocation of a

certificate authorizing a foreign corporation to conduct business

within the state upon finding that the board of directors or a

managerial agent acting on behalf of the corporation, in conducting

the affairs of the corporation, has authorized or engaged in conduct

made unlawful by the Vessel and Motor Chop Shop, Stolen and Altered

Property Act and that, for the prevention of future criminal

conduct, the public interest requires the charter of the corporation

be surrendered and the corporation dissolved or the certificate

revoked.

B. In a proceeding under this section, injunctive relief shall

be granted in conformity with the principles that govern the

granting of relief from injury or threatened injury in other cases,

but no showing of special or irreparable injury shall have to be

made. Pending final determination of a proceeding under this

section, a temporary restraining order or a preliminary injunction

may be issued upon a showing of immediate danger of significant

injury, including the possibility that any judgment for money

damages might be difficult to execute, and, in a proceeding

initiated by an aggrieved person, upon the execution of proper bond

against injury for an injunction improvidently granted.

C. Any person injured, directly or indirectly, by conduct

constituting a violation by any person of Section 3 of this act

shall, in addition to any other relief, have a cause of action for

threefold the actual damages sustained by the person.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1705

D. A final judgment or decree rendered against the defendant in

any civil or criminal proceeding shall estop the defendant in any

subsequent civil action or proceeding brought by any person as to

all matters as to which the judgment or decree would be an estoppel

as between the parties to the civil or criminal proceeding.

E. Notwithstanding any other provision of law providing a

shorter period of limitations, a civil action under this section may

be commenced at any time within five (5) years after the conduct

made unlawful under Section 3 of this act terminates or the cause of

action accrues or within any longer statutory period that may be

applicable. If any action is brought by a prosecutor to punish,

prevent or restrain any activity made unlawful under Section 3 of

this act, the running of the period of limitations shall be

suspended during the pendency of such action and for two (2) years

following its termination.

F. Personal service of any process in an action under this

section may be made upon any person outside the state if the person

has engaged in any conduct constituting a violation of Section 3 of

this act in this state. The person shall be deemed to have thereby

submitted to the jurisdiction of the courts of this state for the

purposes of this provision.

G. Obtaining any civil remedy under this section shall not

preclude obtaining any other civil or criminal remedy under either

this act or any other provision of law. Civil remedies under this

section are supplemental and not mutually exclusive.
Okla. Stat. tit. 63, § 63-6502 — OK Code / Title 63 / Section 63-6502
Safe disposal of human remains – Powers of public health
Status: in_force

authority – Identification and written record.

A. The public health authority may exercise, for such period as

the state of catastrophic health emergency exists, the following

powers regarding the safe disposal of human remains:

1. To adopt and enforce measures to provide for the safe

disposal of human remains as may be reasonable and necessary to

respond to the catastrophic health emergency. Such measures may

include, but are not limited to, the embalming, burial, cremation,

interment, disinterment, transportation, and disposal of human

remains;

2. To take possession or control of any human remains; and

3. To order the disposal of any human remains of a person who

has died of a transmissible disease through burial or cremation

within twenty-four (24) hours after death. To the extent possible,

religious, cultural, family, and individual beliefs of the deceased

person or the family of the deceased person shall be considered when

disposing of any human remains.

B. Any human remains prior to disposal shall be clearly labeled

with all available information to identify the decedent and the

circumstances of death. Any human remains of a deceased person with

a transmissible disease shall have an external, clearly visible tag

indicating that the human remains are infected and, if known, the

transmissible disease.

C. Every person in charge of disposing of any human remains

during a catastrophic health emergency shall maintain a written or

electronic record of the human remains and all available information

to identify the decedent and the circumstances of death and

disposal. If human remains cannot be identified prior to disposal,

a qualified person shall, to the extent possible, take fingerprints

and photographs of the human remains, obtain identifying dental

information, and collect a DNA specimen. All information gathered

under this subsection shall be promptly forwarded to the public

health authority.
Okla. Stat. tit. 63, § 63-1-745.9 — OK Code / Title 63 / Section 63-1-745.9
Public disclosure of woman's identity whom an abortion
Status: in_force

was performed on.

Oklahoma Statutes - Title 63. Public Health and Safety Page 396

In every civil or criminal proceeding or action brought under

the Pain-Capable Unborn Child Protection Act, the court shall rule

whether the anonymity of any woman upon whom an abortion has been

performed or induced or attempted to be performed or induced shall

be preserved from public disclosure if she does not give her consent

to such disclosure. The court, upon motion or sua sponte, shall

make such a ruling and, upon determining that her anonymity should

be preserved, shall issue orders to the parties, witnesses, and

counsel and shall direct the sealing of the record and exclusion of

individuals from courtrooms or hearing rooms to the extent necessary

to safeguard her identity from public disclosure. Each such order

shall be accompanied by specific written findings explaining why the

anonymity of the woman should be preserved from public disclosure,

why the order is essential to that end, how the order is narrowly

tailored to serve that interest, and why no reasonable less

restrictive alternative exists. In the absence of written consent

of the woman upon whom an abortion has been performed or induced or

attempted to be performed or induced, anyone, other than a public

official, who brings an action under subsections A or B of Section 8

of this act shall do so under a pseudonym. This section may not be

construed to conceal the identity of the plaintiff or of witnesses

from the defendant or from attorneys for the defendant.
Okla. Stat. tit. 63, § 63-2-503A — OK Code / Title 63 / Section 63-2-503A
Drug manufacture vehicle
Status: in_force

Any law enforcement agency in this state that seizes a vehicle

in which a controlled dangerous substance has been manufactured that

is forfeited pursuant to Section 2-503 of Title 63 of the Oklahoma

Statutes may request that Service Oklahoma brand the certificate of

title with the notation “Drug Manufacture Vehicle”.
Okla. Stat. tit. 63, § 63-141.2 — OK Code / Title 63 / Section 63-141.2
Renumbered as § 124.1 of this title by Laws 1995, c
Status: in_force

344, § 33, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-981 — OK Code / Title 63 / Section 63-981
Activity within six (6) feet of high voltage overhead line
Status: in_force

or conductorprohibited.

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

perform or permit any agent or employee to perform any function or

activity upon any land, building, highway, or other premises, when

it is possible during the performance of such activity for any

person or employee engaged in performing work connected with or

related to such function or activity to move to or to be placed in a

position within six feet of any high voltage overhead electrical

line or conductor, or when it is possible for any part of any tool,

equipment, machinery or material to be used by any such person or

employee to be brought within six (6) feet of any such overhead high

voltage line or conductor through any lateral, vertical or swinging

motion during the performance of such function or activity.
Okla. Stat. tit. 63, § 63-2258.2 — OK Code / Title 63 / Section 63-2258.2
Renumbered as § 1-2415 of Title 63 by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff.

Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-3091.7 — OK Code / Title 63 / Section 63-3091.7
Clinical trials
Status: in_force

Nothing in the Right to Try Act affects the mandatory health

care coverage for participation in clinical trials.
Okla. Stat. tit. 63, § 63-3241.11 — OK Code / Title 63 / Section 63-3241.11
Non-state government-owned nursing facilities and
Status: in_force

hospitals defined.

For the purposes of a federal Medicaid supplemental payment

program for non-state government-owned nursing facilities and

hospitals, "non-state government-owned" means owned by a government

other than the state including but not limited to:

1. A board of control created by and charged by a board of

county commissioners with the management and control of a county

hospital as provided by Section 789 of Title 19 of the Oklahoma

Statutes;

2. A public trust or other organization that is created by a

county under Section 176 of Title 60 of the Oklahoma Statutes and is

under lease with a board of county commissioners for the operation

of a county hospital as provided by Section 789 of Title 19 of the

Oklahoma Statutes;

3. A municipal governing body that has established and

maintains a municipal hospital as provided by Section 30-101 of

Title 11 of the Oklahoma Statutes;

4. A board of control created by and charged by a municipal

governing body with the management and control of a municipal

hospital as provided by Section 30-102 of Title 11 of the Oklahoma

Statutes; and

5. Any municipal or governmental body other than the state

authorized to operate a health care facility including a hospital or

nursing facility.
Okla. Stat. tit. 63, § 63-4018 — OK Code / Title 63 / Section 63-4018
Members of armed forces or spouses - Registration
Status: in_force

requirements.

A. Any vessel or motor in this state which is not registered

and licensed for the current year in the state of residence or

domicile of any person who is a member of the Armed Forces of the

United States or the spouse of such member owning a vessel or motor

Oklahoma Statutes - Title 63. Public Health and Safety Page 1624

must be registered as provided by the Oklahoma Vessel and Motor

Registration Act, except that any such vessel or motor which has

been licensed in some other state by such member or spouse of such

member while stationed in said other state may be operated in this

state for the remainder of the year or period for which it is

licensed. If the vessel or motor currently is registered with the

Armed Forces of the United States rather than being registered in a

state and the member is transferred to a duty station within this

state pursuant to military orders, the member or spouse of such

member owning the vessel or motor shall not be required to register

the vessel or motor in this state for a period of thirty (30) days

after the date the member is required to report for duty by said

military.

B. Any person who is a member of the Armed Forces of the United

States who is a resident of this state and who is stationed in this

state or spouse of such person may make application for a

certificate of registration pursuant to the provisions of this

section.

C. Any person who is a member of the Armed Forces of the United

States, or spouse applying for a registration of any such vessel or

motor shall submit an appropriate statement, to be attached to the

vessel or motor registration application, showing the following: A

description of the vessel or motor owned by applicant; the state and

address of the applicant's legal residence or domicile; that

applicant or applicant's spouse is on active duty in the Armed

Forces of the United States assigned or stationed at a named

location in compliance with official military orders. The statement

shall be signed by the applicant and certified to by a proper

officer of the organization to which applicant is assigned for duty,

or where the applicant is the spouse of such member serving in a

foreign country the statement shall be signed by said spouse under

the penalties of perjury.
Okla. Stat. tit. 63, § 63-1-2503v1 — OK Code / Title 63 / Section 63-1-2503v1
Definitions
Status: in_force

As used in the Oklahoma Emergency Response Systems Development

Act:

1. "Ambulance" means any ground, air or water vehicle which is

or should be approved by the Commissioner of Health, designed and

equipped to transport a patient or patients and to provide

appropriate on-scene and en route patient stabilization and care as

required. Vehicles used as ambulances shall meet such standards as

may be required by the State Board of Health for approval, and shall

display evidence of such approval at all times;

Oklahoma Statutes - Title 63. Public Health and Safety Page 817

2. "Ambulance authority" means any public trust or nonprofit

corporation established by the state or any unit of local government

or combination of units of government for the express purpose of

providing, directly or by contract, emergency medical services in a

specified area of the state;

3. "Ambulance patient" or "patient" means any person who is or

will be transported in a reclining position to or from a health care

facility in an ambulance;

4. "Ambulance service" means any private firm or governmental

agency which is or should be licensed by the State Department of

Health to provide levels of medical care, including but not limited

to comprehensive integrated medical care in emergency and

nonemergency settings under the supervision of a physician, based on

certification standards promulgated by the Board;

5. "Ambulance service district" means any county, group of

counties or parts of counties formed together to provide, operate

and finance emergency medical services as provided by Section 9C of

Article X of the Oklahoma Constitution or Sections 1201 through 1221

of Title 19 of the Oklahoma Statutes;

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

7. "Certified emergency medical responder" means an individual

certified by the Department to perform emergency medical services in

accordance with the Oklahoma Emergency Response Systems Development

Act and in accordance with the rules and standards promulgated by

the Board;

8. "Certified emergency medical response agency" means an

organization of any type certified by the Department to provide

emergency medical care, but not transport. Certified emergency

medical response agencies may utilize certified emergency medical

responders or licensed emergency medical personnel; provided,

however, that all personnel so utilized shall function under the

direction of and consistent with guidelines for medical control;

9. "Classification" means an inclusive standardized

identification of stabilizing and definitive emergency services

provided by each hospital that treats emergency patients;

10. "CoAEMSP" means the Committee on Accreditation of

Educational Programs for the Emergency Medical Services Professions;

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

12. "Community paramedic" means a licensed paramedic who meets

the requirements of Section 1-2505 of this title;

13. "Community paramedic services" means services that include

interventions intended to prevent unnecessary ambulance

transportation or hospital emergency department use.

a. Community paramedic services must be part of a care

plan ordered by a primary health care provider or a

hospital provider in consultation with the medical

director of an ambulance service. Such care plan must

Oklahoma Statutes - Title 63. Public Health and Safety Page 818

ensure that the services provided by a community

paramedic do not duplicate services already provided

to the patient, including home health and waiver

services.

b. Community paramedic services shall include health

assessment, chronic disease monitoring and education,

medication compliance, immunizations and vaccinations,

laboratory specimen collection, hospital discharge

follow-up care and minor medical procedures compliant

with the community paramedic's scope of practice and

approved by the ambulance medical director;

14. "Council" means the Trauma and Emergency Response Advisory

Council created in Section 1-103a.1 of this title;

15. "Critical care paramedic" or "CCP" means a licensed

paramedic who has successfully completed critical care training and

testing requirements in accordance with the Oklahoma Emergency

Response Systems Development Act and in accordance with the rules

and standards promulgated by the Board;

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

17. "Emergency medical services system" means a system which

provides for the organization and appropriate designation of

personnel, facilities and equipment for the effective and

coordinated local, regional and statewide delivery of health care

services primarily under emergency conditions;

18. "Letter of review" means the official designation from

CoAEMSP to a paramedic program that is in the "becoming accredited"

process;

19. "Licensed emergency medical personnel" means an emergency

medical technician (EMT), an intermediate emergency medical

technician (IEMT), an advanced emergency medical technician (AEMT),

or a paramedic licensed by the Department to perform emergency

medical services in accordance with the Oklahoma Emergency Response

Systems Development Act and the rules and standards promulgated by

the Board;

20. "Licensure" means the licensing of emergency medical care

providers and ambulance services pursuant to rules and standards

promulgated by the Board at one or more of the following levels:

a. basic life support,

b. intermediate life support,

c. paramedic life support,

d. advanced life support,

e. stretcher aid van, and

f. specialty care, which shall be used solely for

interhospital transport of patients requiring

specialized en route medical monitoring and advanced

life support which exceed the capabilities of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 819

equipment and personnel provided by paramedic life

support.

Requirements for each level of care shall be established by the

Board. Licensure at any level of care includes a license to operate

at any lower level, with the exception of licensure for specialty

care; provided, however, that the highest level of care offered by

an ambulance service shall be available twenty-four (24) hours each

day, three hundred sixty-five (365) days per year.

Licensure shall be granted or renewed for such periods and under

such terms and conditions as may be promulgated by the Board;

21. "Medical control" means local, regional or statewide

medical direction and quality assurance of health care delivery in

an emergency medical service system. On-line medical control is the

medical direction given to licensed emergency medical personnel,

certified emergency medical responders and stretcher aid van

personnel by a physician via radio or telephone. Off-line medical

control is the establishment and monitoring of all medical

components of an emergency medical service system, which is to

include stretcher aid van service including, but not limited to,

protocols, standing orders, educational programs, and the quality

and delivery of on-line control;

22. "Medical director" means a physician, fully licensed

without restriction, who acts as a paid or volunteer medical advisor

to a licensed ambulance service and who monitors and directs the

care so provided. Such physicians shall meet such qualifications

and requirements as may be promulgated by the Board;

23. "Region" or "emergency medical service region" means two or

more municipalities, counties, ambulance districts or other

political subdivisions exercising joint control over one or more

providers of emergency medical services and stretcher aid van

service through common ordinances, authorities, boards or other

means;

24. "Regional emergency medical services system" means a

network of organizations, individuals, facilities and equipment

which serves a region, subject to a unified set of regional rules

and standards which may exceed, but may not be in contravention of,

those required by the state, which is under the medical direction of

a single regional medical director, and which participates directly

in the delivery of the following services:

a. medical call-taking and emergency medical services

dispatching, emergency and routine, including priority

dispatching of first response agencies, stretcher aid

van and ambulances,

b. emergency medical responder services provided by

emergency medical response agencies,

c. ambulance services, both emergency, routine and

stretcher aid van including, but not limited to, the

Oklahoma Statutes - Title 63. Public Health and Safety Page 820

transport of patients in accordance with transport

protocols approved by the regional medical director,

and

d. directions given by physicians directly via radio or

telephone, or by written protocol, to emergency

medical response agencies, stretcher aid van or

ambulance personnel at the scene of an emergency or

while en route to a hospital;

25. "Regional medical director" means a licensed physician, who

meets or exceeds the qualifications of a medical director as defined

by the Oklahoma Emergency Response Systems Development Act, chosen

by an emergency medical service region to provide external medical

oversight, quality control and related services to that region;

26. "Registration" means the listing of an ambulance service in

a registry maintained by the Department; provided, however,

registration shall not be deemed to be a license;

27. "Stretcher aid van" means any ground vehicle which is or

should be approved by the State Commissioner of Health, which is

designed and equipped to transport individuals on a stretcher or

gurney type apparatus. Vehicles used as stretcher aid vans shall

meet such standards as may be required by the State Board of Health

for approval and shall display evidence of such approval at all

times. Stretcher aid van services shall only be permitted and

approved by the Commissioner in emergency medical service regions,

ambulance service districts, or counties with populations in excess

of four hundred thousand (400,000) people. Notwithstanding the

provisions of this paragraph, stretcher aid van transports may be

made to and from any federal or state veterans facility;

28. "Stretcher aid van patient" means any person who is or will

be transported in a reclining position on a stretcher or gurney, who

is medically stable, nonemergent and does not require any medical

monitoring equipment or assistance during transport; and

29. "Transport protocol" means the written instructions

governing decision-making at the scene of a medical emergency by

ambulance personnel regarding the selection of the hospital to which

the patient shall be transported. Transport protocols shall be

developed by the regional medical director for a regional emergency

medical services system or by the Department if no regional

emergency medical services system has been established. Such

transport protocols shall adhere to, at a minimum, the following

guidelines:

a. nonemergency, routine transport shall be to the

facility of the patient's choice,

b. urgent or emergency transport not involving life-

threatening medical illness or injury shall be to the

nearest facility, or, subject to transport

Oklahoma Statutes - Title 63. Public Health and Safety Page 821

availability and system area coverage, to the facility

of the patient's choice, and

c. life-threatening medical illness or injury shall

require transport to the nearest health care facility

appropriate to the needs of the patient as established

by regional or state guidelines.
Okla. Stat. tit. 63, § 63-1-121 — OK Code / Title 63 / Section 63-1-121
Reports
Status: in_force

The State Department of Health shall issue reports no less than

annually which may include recommendations to the Oklahoma

Legislature for any change in the statutes needed to further the

purposes of the Oklahoma Health Care Information System Act. The

initial report shall be submitted by January 1, 1993. The initial

report shall include but not be limited to an implementation

schedule for the development and completion of the health care

information system and the status of compliance with the health care

information and data submission requirements of the Division. The

system shall be fully functional and operative by January 1, 1995.

Subsequent reports may include plans for expanding the uniform data

base to other medical providers including, but not limited to, all

licensed health care professionals or entities providing health care

services.
Okla. Stat. tit. 63, § 63-1-745.57 — OK Code / Title 63 / Section 63-1-745.57
Venue
Status: in_force

A. Notwithstanding any other law, a civil action brought under

Section 5 of this act shall be brought in:

1. The county in which all or a substantial part of the events

or omissions giving rise to the claim occurred;

2. The county of residence for any one of the natural person

defendants at the time the cause of action accrued;

3. The county of the principal office in this state of any one

of the defendants that is not a natural person; or

4. The county of residence for the claimant, if the claimant is

a natural person residing in this state.

B. If a civil action is brought under Section 5 of this act in

any one of the venues described by subsection A of this section, the

action shall not be transferred to a different venue without the

written consent of all parties.
Okla. Stat. tit. 63, § 63-2862 — OK Code / Title 63 / Section 63-2862
Definitions
Status: in_force

As used in the Oklahoma 9-1-1 Management Authority Act:

1. “Area served” means the geographic area which shall be

served by the 9-1-1 emergency telephone service provided by the

governing body of a county, municipality, part of a county or

combination of such governing bodies;

2. “Authority” means the Oklahoma 9-1-1 Management Authority

created in Section 2863 of this title;

3. “Emergency telephone service” means any telephone system

utilizing a three-digit number, nine-one-one (9-1-1), for reporting

an emergency to the appropriate public agency providing law

enforcement, fire, medical or other emergency services, including

ancillary communications systems and personnel necessary to pass the

reported emergency to the appropriate emergency service and

personnel;

4. “Emergency telephone fee” means a fee to finance the

operation of emergency telephone service;

5. “Governing body” means the board of county commissioners of

a county, the city council, tribal authority or other governing body

of a municipality, or a combination of such boards, councils or

other municipal governing bodies including county or municipal

beneficiary public trusts, or other public trusts which shall have

an administering board;

6. “Landline telecommunications connection” means a ten-digit

access number assigned to a customer that utilizes analog

communications over a wired transmission line that travels

underground or on telephone poles;

7. “Local exchange telephone company” means any company

providing exchange telephone services to any service user in this

state, and shall include any competitive local exchange carrier as

defined in Section 139.102 of Title 17 of the Oklahoma Statutes;

8. “Next-generation 9-1-1” or “NG9-1-1” means an:

a. IP-based system comprised of hardware, software, data,

and operational policies and procedures that:

(1) provides standardized interfaces from emergency

call and message services to support emergency

communications,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1428

(2) processes all types of emergency calls, including

voice, text, data and multimedia information,

(3) acquires and integrates additional emergency call

data useful to call routing and handling,

(4) delivers the emergency calls, messages and data

to the appropriate public safety answering point

and other appropriate emergency entities,

(5) supports data or video communications needs for

coordinated incident response and management, and

(6) provides broadband service to public safety

answering points or other first responder

entities, or

b. IP-based system comprised of hardware, software, data

and operational policies and procedures that conforms

with subsequent amendments made to the definition of

Next Generation 9-1-1 services in Public Law 112-96;

9. “9-1-1 emergency telephone service” means any telephone

system whereby telephone subscribers may utilize a three-digit

number (9-1-1) for reporting an emergency to the appropriate public

agency providing law enforcement, fire, medical or other emergency

services, including ancillary communications systems and personnel

necessary to pass the reported emergency to the appropriate

emergency service and which the wireless service provider is

required to provide pursuant to the Federal Communications

Commission Order 94-102 (961 Federal Register 40348);

10. “9-1-1 wireless telephone fee” means the fee imposed in

Section 2865 of this title to finance the installation and operation

of emergency 9-1-1 services and any necessary equipment;

11. “Person” means any service user, including, but not limited

to, any individual, firm, partnership, co-partnership, joint

venture, association, cooperative organization, private corporation,

whether organized for profit or not, fraternal organization,

nonprofit organization, estate, trust, business or common law trust,

receiver, assignee for the benefit of creditors, trustee or trustee

in bankruptcy, the United States of America, the state, any

political subdivision of the state, or any federal or state agency,

department, commission, board or bureau;

12. “Place of primary use” means the street address

representative of where the use of the mobile telecommunications

service of the customer primarily occurs, which shall be the

residential street address or the primary business street address of

the customer and shall be within the licensed service area of the

home service provider in accordance with Section 55001 of Title 68

of the Oklahoma Statutes and the federal Mobile Telecommunications

Sourcing Act, P.L. No. 106-252, codified at 4 U.S.C. 116-126;

13. “Prepaid wireless telecommunications service” means a

telecommunications wireless service that provides the right to

Oklahoma Statutes - Title 63. Public Health and Safety Page 1429

utilize mobile wireless service as well as other telecommunications

services including the download of digital products delivered

electronically, content and ancillary services, which are paid for

in advance and sold in predetermined units or dollars of which the

number declines with use in a known amount;

14. “Proprietary information” means wireless service provider

or VoIP service provider, subscriber, market share, cost and review

information;

15. “Public agency” means any city, town, county, municipal

corporation, public district, public trust, substate planning

district, public authority or tribal authority located within this

state which provides or has authority to provide firefighting, law

enforcement, ambulance, emergency medical or other emergency

services;

16. “Public safety answering point” or “PSAP” means an entity

responsible for receiving 9-1-1 calls and processing those calls

according to specific operational policy;

17. “Public safety telecommunicator” means a person who

performs a public service by processing, analyzing, and dispatching

calls for emergency assistance. The person is a first responder

that provides pre-arrival instructions and has specialized training

to mitigate the loss of life and property;

18. “Service user” means any person who is provided exchange

telephone service in this state;

19. “Tariff rate” means the rate or rates billed by a local

exchange telephone company stated in tariffs applicable for such

company, as approved by the Oklahoma Corporation Commission, or the

current equivalent of such rates, which represent the recurring

charges of such local exchange telephone company for exchange

telephone service or its equivalent, exclusive of all taxes, fees,

licenses or similar charges whatsoever;

20. “Wireless service provider” means a provider of commercial

mobile service under Section 332(d) of the Telecommunications Act of

1996, 47 U.S.C., Section 151 et seq., Federal Communications

Commission rules, and the Omnibus Budget Reconciliation Act of 1993,

Pub. L. No. 103-66, and includes a provider of wireless two-way

communication service, radio-telephone communications related to

cellular telephone service, network radio access lines or the

equivalent, and personal communication service. The term does not

include a provider of:

a. a service whose users do not have access to 9-1-1

service,

b. a communication channel used only for data

transmission, or

c. a wireless roaming service or other nonlocal radio

access line service;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1430

21. “Wireless telecommunications connection” means the ten-

digit access number assigned to a customer regardless of whether

more than one such number is aggregated for the purpose of billing a

service user; and

22. “Voice over Internet Protocol (VoIP) provider” means a

provider of interconnected Voice over Internet Protocol service to

end users in the state, including resellers.
Okla. Stat. tit. 63, § 63-2200.22A — OK Code / Title 63 / Section 63-2200.22A
Cooperation between medical examiner and procurement
Status: in_force

organizations.

A. A medical examiner shall cooperate with procurement

organizations to maximize the opportunity to recover anatomical

gifts for the purpose of transplantation, therapy, research, or

education.

B. If a medical examiner receives notice from a procurement

organization that an anatomical gift might be available or was made

with respect to a decedent whose body is under the jurisdiction of

the medical examiner and a postmortem examination is going to be

performed, unless the medical examiner denies recovery in accordance

Oklahoma Statutes - Title 63. Public Health and Safety Page 1368

with Section 23 of this act, the medical examiner or designee shall

conduct a postmortem examination of the body or the part in a manner

and within a period compatible with its preservation for the

purposes of the gift.

C. A part may not be removed from the body of a decedent under

the jurisdiction of a medical examiner for transplantation, therapy,

research, or education unless the part is the subject of an

anatomical gift. The body of a decedent under the jurisdiction of

the medical examiner may not be delivered to a person for research

or education unless the body is the subject of an anatomical gift.

This subsection does not preclude a medical examiner from performing

the medicolegal investigation upon the body or parts of a decedent

under the jurisdiction of the medical examiner.
Okla. Stat. tit. 63, § 63-1-103 — OK Code / Title 63 / Section 63-1-103
State Board of Health created
Status: in_force

A. 1. There is hereby created the State Board of Health, which

shall be an advisory body to the State Commissioner of Health and

shall consist of nine (9) members appointed by the Governor and

confirmed by the Senate for regular terms of nine (9) years, except

as hereinafter otherwise indicated. Effective January 14, 2019, all

duties and powers of the Board shall be transferred to the

Commissioner. Any provision in statute that provides to the Board

authority that is not advisory in nature shall be deemed to grant

the duty or power to the Commissioner.

Oklahoma Statutes - Title 63. Public Health and Safety Page 61

2. Not less than four members shall hold a current license to

practice medicine in this state pursuant to the Oklahoma Allopathic

Medical and Surgical Licensure and Supervision Act and the Oklahoma

Osteopathic Medicine Act. At least one physician member shall be a

person licensed to practice medicine in this state by the State

Board of Osteopathic Examiners. Physician members licensed by the

State Board of Medical Licensure and Supervision shall be members of

the Oklahoma State Medical Association. One physician member shall

be a diplomate of the American Board of Psychiatry and Neurology or

be similarly qualified.

3. Not less than two members shall possess at least five (5)

years of executive leadership experience in a health-related

business or industry, and whose education and experience includes

but is not limited to fiduciary, legal, business planning, or

operational decision-making authority.

B. 1. The term of office of one member shall expire on June

30, 1964, and each nine (9) years thereafter, and such member shall

be a resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Creek,

Lincoln, Okfuskee, Seminole, Pottawatomie, Pontotoc, Hughes,

Johnston, and Coal.

2. The term of office of one member shall expire on June 30,

1965, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Blaine,

Kingfisher, Canadian, Caddo, Grady, Comanche, Stephens, Jefferson,

and Cotton.

3. The term of office of one member shall expire on June 30,

1966, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Le Flore,

Latimer, Pittsburg, Atoka, Pushmataha, McCurtain, Choctaw, Bryan,

Marshall, Carter, and Love.

4. The term of office of one member shall expire on June 30,

1967, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Cimarron,

Texas, Beaver, Harper, Woodward, Woods, Major, Alfalfa, Grant,

Garfield, Kay, and Noble.

5. The term of office of one member shall expire on June 30,

1968, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

Oklahoma Statutes - Title 63. Public Health and Safety Page 62

years immediately preceding such member's appointment: Adair,

Sequoyah, Cherokee, Wagoner, Muskogee, Haskell, McIntosh, and

Okmulgee.

6. The term of office of one member shall expire on June 30,

1969, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Ottawa,

Delaware, Craig, Mayes, Nowata, Rogers, Washington, Tulsa, Pawnee,

and Osage.

7. The term of office of one member shall expire on June 30,

1970, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Logan,

Oklahoma, Cleveland, McClain, Garvin, Murray, and Payne.

8. The term of office of one member shall expire on June 30,

1971, and each nine (9) years thereafter, and such member shall be a

resident of one of the following counties and shall have been a

resident of one or more of such counties for not less than five (5)

years immediately preceding such member's appointment: Ellis, Dewey,

Roger Mills, Custer, Beckham, Washita, Kiowa, Greer, Jackson,

Harmon, and Tillman.

9. The term of office of one member shall expire on June 30,

1972, and each nine (9) years thereafter, and such member shall be

appointed from the State of Oklahoma at large, and shall have been a

resident of the state for not less than five (5) years immediately

preceding such member's appointment.
Okla. Stat. tit. 63, § 63-3286 — OK Code / Title 63 / Section 63-3286
Oklahoma State University Medical Authority Disbursing
Status: in_force

Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma State University Medical Authority, to be

Oklahoma Statutes - Title 63. Public Health and Safety Page 1590

designated the "Oklahoma State University Medical Authority

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

to fiscal year limitations, and shall consist of appropriated

revenues and federal entitlements. 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 operating the Oklahoma State University Medical Center

and supporting the residency program of the Oklahoma State

University Center for Health Sciences.
Okla. Stat. tit. 63, § 63-1-738k — OK Code / Title 63 / Section 63-1-738k
Posting of Individual Abortion Form - Notice - Sample
Status: in_force

form.

A. Subsections B and C of this section shall become operative

on 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 website the Individual

Abortion Form and instructions concerning its electronic submission

referenced in this section.

B. The Department shall post the Individual Abortion Form and

instructions concerning its electronic submission on its stable

Internet website. Nothing in the Individual Abortion Form shall

Oklahoma Statutes - Title 63. Public Health and Safety Page 344

contain the name, address, hometown, county of residence, or any

other information specifically identifying any patient. The

Department's Individual Abortion Form shall be substantially similar

to, but need not be in the specific format, provided in subsection F

of this section.

C. Any physician performing abortions shall fully complete and

submit, electronically, an Individual Abortion Form to the State

Department of Health by the last business day of the calendar month

following the month in which the physician performs an abortion, for

each abortion the physician performs.

D. In cases in which a physician or the agent of a physician:

1. Mails the printed materials described in Section 1-738.3 of

this title to a female specifically to comply with division (1) of

subparagraph d of paragraph 2 of subsection B of Section 1-738.2 of

this title;

2. Gives or mails the printed materials described in Section 1-

738.10 of this title to a female specifically to comply with

subsection A of Section 1-738.8 of this title; or

3. Provides notice to a parent in compliance with Section 1-

740.2 of this title,

but does not subsequently perform an abortion on the female or

minor, the physician shall electronically submit a completed

Individual Abortion Form to the State Department of Health, and

shall mark as "not applicable" those items of information that may

accurately be provided only when an abortion is performed. The

physician shall not submit such a form if the physician knows that

an abortion was subsequently performed on the female or minor by

another physician. Individual Abortion Forms required by this

subsection shall be submitted by the last business day of the second

calendar month following the calendar month in which the physician

mails the printed materials or provides notice to a parent.

E. The Individual Abortion Form shall contain a notice

containing an assurance that, in accordance with subsection F of

Section 1-738m of this title, public reports based on the form

submitted will not contain the name, address, hometown, county of

residence, or any other identifying information of any individual

female, that the State Department of Health will take care to ensure

that none of the information included in its public reports could

reasonably lead to the identification of any individual female about

whom information is reported in accordance with the Statistical

Abortion Reporting Act or of any physician providing information in

accordance with the Statistical Abortion Reporting Act, and that

such information is not subject to the Oklahoma Open Records Act.

F. Individual Abortion Form. The Department's Individual

Abortion Form shall be substantially similar to, but need not be in

the specific format of, the following form:

Individual Abortion Form

Oklahoma Statutes - Title 63. Public Health and Safety Page 345

(TO BE COMPLETED FOR EACH ABORTION PERFORMED)

1. Date of abortion: _________________

2. County in which the abortion was performed: ________________

3. Age of mother: _________________

4. Marital status of mother: ________________

(specify married, divorced, separated, widowed, or never

married)

5. Race of mother: ________________

6. Years of education of mother: ________________

(specify highest year completed)

7. State or foreign country of residence of

mother:______________

8. Total number of previous pregnancies of the

mother:___________

Live Births: _________________

Miscarriages: _________________

Induced Abortions: __________________

9. Approximate gestational age in weeks, as measured from the

last menstrual period of the mother, of the unborn child subject to

abortion: _______________________________

10. Method of abortion used:

Suction Aspiration: ___________

Dilation and Curettage: ___________

RU 486: ___________

Methotrexate: ___________

Other drug/chemical/medicine (specify): _________________

Dilation and Evacuation: ___________

Saline: ___________

Urea: ___________

Prostaglandins: ___________

Partial Birth Abortion: __________

Hysterotomy: ___________

Other (specify): ___________

11. Was there an infant born alive as a result of the abortion?

__________

If yes:

Were life-sustaining measures undertaken? ___________

How long did the infant survive? ___________

12. Was anesthesia administered to mother? ____________

If yes, what type? ____________________________

13. Was anesthesia administered to the fetus? ___________

If yes:

What type? _______________________

How was it administered? _______________________

14. Method of fetal tissue disposal: _______________________

15. Unless a medical emergency, as defined in Section 1-738.1A,

or as applicable, Section 1-745.2 of Title 63 of the Oklahoma

Oklahoma Statutes - Title 63. Public Health and Safety Page 346

Statutes, exists, the abortion provider or agent shall ask the

pregnant female to provide, orally or in writing, the reason(s) she

is seeking the abortion. If such a medical emergency exists, the

abortion provider or agent shall specify on the form the condition

which necessitated the immediate abortion: ___________________

REASON GIVEN FOR ABORTION (check all applicable):

Having a baby:

Would dramatically change the life of the mother: _________

Would interfere with the education of the mother: _________

Would interfere with the job/employment/career of the

mother: ______

Mother has other children or dependents: ________

Mother cannot afford the child: ______

Mother is unmarried: ________

Mother is a student or planning to be a student: ________

Mother cannot afford child care: _______

Mother cannot afford the basic needs of life: ________

Mother is unemployed: _________

Mother cannot leave job to care for a baby: _________

Mother would have to find a new place to live: _________

Mother does not have enough support from a husband or partner:

_____

Husband or partner is unemployed: _______

Mother is currently or temporarily on welfare or public

assistance: _________

Mother does not want to be a single mother: _______

Mother is having relationship problems: ________

Mother is not certain of relationship with the father of the

child: ________

Partner and mother are unable to or do not want to get married:

_______

Mother is not currently in a relationship: _______

The relationship or marriage of the mother may soon break up:

_______

Husband or partner is abusive to the mother or her children:

_______

Mother has completed her childbearing: ________

Mother is not ready for a, or another, child: _______

Mother does not want people to know that she had sex or became

pregnant: ________

Mother does not feel mature enough to raise a, or another,

child: _______

Husband or partner wants mother to have an abortion: ______

There may be possible problem affecting the health of the

fetus: ________

Physical health of the mother is at risk: ________

Parents want mother to have an abortion: _________

Oklahoma Statutes - Title 63. Public Health and Safety Page 347

Emotional health of the mother is at risk: ________

Mother suffered from a medical emergency as defined in Section

1-738.1A of Title 63 of the Oklahoma Statutes: ______

Mother suffered from a medical emergency as defined in Section

1-745.2 of Title 63 of the Oklahoma Statutes: _____

Mother wanted a child of a different sex: ______

Abortion is necessary to avert the death of the mother: ______

Pregnancy was a result of forcible rape: ______

Pregnancy was a result of incest: ______

Other (specify): ______

Patient was asked why she is seeking an abortion, but she

declined to give a reason: _______

16. Method of payment (check one):

Private insurance: _______

Public health plan: _______

Medicaid: _______

Private pay: _______

Other (specify): _____________________________

17. Type of private medical health insurance coverage, if any

(check one):

Fee-for-service insurance company: ______

Managed care company: ______

Other (specify): _____________________________

18. Sum of fee(s) collected: ___________

19. Time of fee collection (check one):

Full fee for abortion collected prior to or at the time the

patient was provided the information required under subsection B of

Section 1-738.2 of Title 63 of the Oklahoma Statutes: _________

Partial fee for abortion collected prior to or at the time the

patient was provided the information required under subsection B of

Section 1-738.2 of Title 63 of the Oklahoma Statutes: _________

Full fee for abortion collected at time the abortion was

performed: ________

Other (specify): ________

20. Specialty area of medicine of the physician: _____________

At which hospital(s) did the physician have hospital privileges

at the time of the abortion?

______________________________________________________________

21. Was ultrasound equipment used before, during, or after the

performance of this abortion?

Before? _____ Vaginal, abdominal, or both? _____

How long prior to the abortion was the ultrasound performed?

______

Was the mother under the effect of anesthesia at the time of the

ultrasound? ______

During? _____ Vaginal, abdominal, or both? _____

After? _____ Vaginal, abdominal, or both? _____

Oklahoma Statutes - Title 63. Public Health and Safety Page 348

If an ultrasound was performed, what was the gestational age of

the fetus at the time of the abortion, as determined by the

ultrasound? _____________

Attach to this form a copy or screenshot of the ultrasound,

intact with the date on which the ultrasound was performed, and with

the name of the mother redacted; provided, however, such ultrasound

shall not be subject to an open records request and shall be subject

to HIPAA regulations governing confidentiality and release of

private medical records.

21A. If an ultrasound was not performed prior to the abortion,

was the reason for not performing an ultrasound a medical emergency

necessitating an immediate abortion:

To avert death: _______

To avert substantial and irreversible impairment of a major

bodily function arising from continued pregnancy: _______

Other reason: ____________

22. If ultrasound equipment was used, was the ultrasound

performed by:

The physician performing the abortion: _____

A physician other than the physician performing the abortion:

_____

Other (specify): ___________________________

23. Was the information required by paragraph 1 of subsection B

of Section 1-738.2 of Title 63 of the Oklahoma Statutes provided to

the mother? ___________

a. If yes, was it provided:

In person: ___________

By telephone: ___________

b. Was it provided by:

A referring physician: __________

The physician performing the abortion: _________

An agent of a referring physician: ___________

An agent of the physician performing the abortion: ________

24. Was the information required by paragraph 2 of subsection B

of Section 1-738.2 of Title 63 of the Oklahoma Statutes provided to

the mother? _________

a. If yes, was it provided:

In person: _______

By telephone: _______

b. Was it provided by:

A referring physician: _______

An agent of a referring physician: _______

The physician performing the abortion: ________

An agent of the physician performing the abortion: _______

25. Did the mother avail herself of the opportunity to have the

printed materials described in Section 1-738.3 of Title 63 of the

Oklahoma Statutes mailed to her? ______________

Oklahoma Statutes - Title 63. Public Health and Safety Page 349

26. Were the informed consent requirements of subsection B of

Section 1-738.2 of Title 63 of the Oklahoma Statutes dispensed with

because of a medical emergency necessitating an immediate abortion:

To avert death: ______

To avert substantial and irreversible impairment of a major

bodily function arising from continued pregnancy: _____

27. Was a determination of probable postfertilization age made

as required by Section 1-745.5 of Title 63 of the Oklahoma Statutes?

________

a. If no, was the determination of probable

postfertilization age dispensed with:

To avert death: ________

To avert substantial and irreversible impairment of a

major bodily function arising from continued

pregnancy: _____

b. If yes, what was the probable postfertilization age?

____

What was the method and basis of the determination?

_____

What was the basis for the determination to perform

the abortion:

To avert death: _____

To avert substantial and irreversible impairment of a

major bodily function arising from continued

pregnancy: ____

Was the method of abortion used one that, in

reasonable medical judgment, provided the best

opportunity for the unborn child to survive? _____

If yes, was there an infant born alive as a result of

the abortion? _____

If no, what was the basis of the determination? _____

28. Was the abortion performed within the scope of employment

of an Oklahoma state employee or an employee of an agency or

political subdivision of the state? ________

29. Was the abortion performed with the use of any public

institution, public facility, public equipment, or other physical

asset owned, leased, or controlled by this state, its agencies, or

political subdivisions? _________

30. If the answer to question 28 or 29 is yes:

a. Was the abortion necessary to save the life of the

mother? _______

If yes, what was the life-endangering condition?

__________

b. Did the pregnancy result from an act of forcible rape?

_______

If yes, list the law enforcement authority to which

the rape was reported: ___________________

Oklahoma Statutes - Title 63. Public Health and Safety Page 350

List the date of the report: ___________

c. Did the pregnancy result from an act of incest

committed against a minor? _________

If yes, list the law enforcement authority to which

the perpetrator was reported: ________________

List the date of the report: ___________

THIS PORTION TO BE COMPLETED IN CASE OF MINOR

31. Minor's age at the time the abortion was performed:

___________

32. Was a parent of the minor provided notice prior to the

abortion as described in Section 1-740.2 of Title 63 of the Oklahoma

Statutes? ________

a. If yes, how was the notice provided?

In person: _______

By mail: _______

b. If yes, to the best of the reporting physician's

knowledge and belief, did the minor go on to obtain

the abortion? ________

33. Was informed written consent of one parent obtained as

described in Section 1-740.2 of Title 63 of the Oklahoma Statutes?

______

If yes, how was it secured?

In person: ___________

Other (specify): _________

34. If no notice was provided nor consent obtained, indicate

which of the following apply:

Minor was emancipated: ___________

Abortion was necessary to prevent the death of the minor: _____

Medical emergency, as defined in Section 1-738.1A of Title 63 of

the Oklahoma Statutes, existed: ___________

Minor received judicial authorization to obtain abortion without

parental notice or consent: ___________

35. If no notice was provided nor consent obtained because a

medical emergency existed, indicate:

Whether parent was subsequently notified (state period of time

elapsed before notice was given): ____________

Whether judicial waiver of notice requirement was obtained:

________

36. If the minor received judicial authorization to obtain an

abortion without parental notice or consent, indicate which of the

following applies:

Judge ruled that minor was mature enough to give informed

consent on her own: ___________

Judge ruled that abortion was in the best interest of the

minor: ___________

Oklahoma Statutes - Title 63. Public Health and Safety Page 351

37. If the female was a minor at the time of conception,

indicate the age of the father of the unborn child at the time of

conception: ________

38. If at the time of conception the ages of the mother and

father were such that a violation of Section 1111, 1112, 1114 or

1123 of Title 21 or Section 843.5 of Title 21 of the Oklahoma

Statutes occurred, was the rape or abuse reported to the proper

authorities? ________

39. Were the remains of the fetus after the abortion examined

to ensure that all such remains were evacuated from the mother's

body? _________

If the remains of the fetus were examined after the abortion,

what was the sex of the child, as determined from such examination?

__________

Was the sex of the child determined prior to the abortion?

_________

If so, by whom? _______

If so, by what method? _____

If the sex of the child was determined prior to the abortion,

was the mother given information of the child's sex prior to the

abortion? ________

40. If the abortion was performed without surgery but rather as

the result of the administration of chemicals, was the physician

present in the same room as the woman to whom the chemicals were

administered at the time any such chemicals were first administered?

_______

4l. Prior to the pregnant woman giving informed consent to

having any part of the abortion performed or induced, if the

pregnancy was at least eight (8) weeks after fertilization, was the

pregnant woman told that it may be possible to make the embryonic or

fetal heartbeat of the unborn child audible for the pregnant woman

to hear? _______

Was the pregnant woman asked if she would like to hear the

heartbeat? ______

Was the embryonic or fetal heartbeat of the unborn child made

audible for the pregnant woman to hear, using a Doppler fetal

heart rate monitor? ______

If the response to any of the questions in this paragraph was

anything other than an unqualified YES, how was the abortion

performed in compliance with Sections 1-745.12 through 1-745.19

of Title 63 of the Oklahoma Statutes? ________

Filed this ____ day of __________, _____, by:

______________________________

(Name of physician)

_____________________________

(Physician's license number)

Oklahoma Statutes - Title 63. Public Health and Safety Page 352

NOTICE: In accordance with subsection F of Section 1-738m of Title

63 of the Oklahoma Statutes, public reports based on this form will

not contain the name, address, hometown, county of residence, or any

other identifying information of any individual female. The State

Department of Health shall take care to ensure that none of the

information included in its public reports could reasonably lead to

the identification of any individual female about whom information

is reported or of any physician providing information in accordance

with the Statistical Abortion Reporting Act. Such information is

not subject to the Oklahoma Open Records Act.

Be advised that any complication(s) shall be detailed in a

"Complications of Induced Abortion Report" and submitted to the

Department as soon as is practicable after the encounter with the

induced-abortion-related illness or injury, but in no case more than

sixty (60) days after such an encounter.
Okla. Stat. tit. 63, § 63-1-738.9 — OK Code / Title 63 / Section 63-1-738.9
Use of anesthetic or analgesic to eliminate or
Status: in_force

alleviate pain - Notice.

Except in the case of a medical emergency, before an abortion is

performed on an unborn child who is twenty (20) weeks gestational

age or more, the physician performing the abortion or the agent of

the physician shall inform the female if an anesthetic or analgesic

would eliminate or alleviate organic pain to the unborn child caused

by the particular method of abortion to be employed and inform the

female of the particular medical risks associated with the

particular anesthetic or analgesic. With the consent of the female,

the physician shall administer the anesthetic or analgesic.
Okla. Stat. tit. 63, § 63-2869.6 — OK Code / Title 63 / Section 63-2869.6
Contract for administration of emergency telephone
Status: in_force

service.

For the administration of nine-one-one emergency telephone

service or nine-one-one wireless emergency telephone service, any

governing body may contract directly with the provider of the nine-

one-one emergency telephone service or nine-one-one wireless

emergency telephone service, or may contract and cooperate with:

1. Any public agency;

2. Other states or their political subdivisions;

3. Any association or corporation for their political

subdivisions; or

4. Any association or corporation.
Okla. Stat. tit. 63, § 63-1-1990.7 — OK Code / Title 63 / Section 63-1-1990.7
Termination of a silver alert – Senior citizen
Status: in_force

A. The local law enforcement agency responsible for the

issuance of a silver alert shall terminate any silver alert with

respect to a particular missing senior citizen not later than the

earlier of the date on which:

1. The missing senior citizen is located or the situation is

otherwise resolved; or

2. The notification period ends, as determined by Department

rule.

B. A local law enforcement agency that locates a missing senior

citizen who is the subject of a silver alert shall immediately

notify the Department of Public Safety.
Okla. Stat. tit. 63, § 63-1-745.42 — OK Code / Title 63 / Section 63-1-745.42
Sovereign, governmental, and official immunity
Status: in_force

A. Notwithstanding any other law, this state has sovereign

immunity, a political subdivision has governmental immunity, and

each officer and employee of this state or a political subdivision

Oklahoma Statutes - Title 63. Public Health and Safety Page 408

has official immunity in any action, claim, counterclaim, or any

type of legal or equitable action that challenges the validity of

any provision or application of this act, on constitutional grounds

or otherwise, or that seeks to prevent or enjoin the state, its

political subdivisions, or any officer or employee of this state or

a political subdivision from enforcing any provision or application

of this act, unless that immunity has been abrogated or preempted by

federal law in a manner consistent with the Constitution of the

United States.

B. Notwithstanding any other law, no provision of state law may

be construed to waive or abrogate an immunity described by

subsection A of this section unless it expressly waives immunity

with specific reference to this section.

C. Notwithstanding any other law, no attorney representing this

state, a political subdivision, or any officer or employee of this

state or a political subdivision is authorized or permitted to waive

an immunity described in subsection A or take any action that would

result in a waiver of that immunity.

D. Notwithstanding any other law, no court of this state shall

have jurisdiction to consider any action, claim, or counterclaim

that seeks declaratory or injunctive relief to prevent this state, a

political subdivision, any officer or employee of this state or a

political subdivision, or any person from enforcing any provision or

application of this act, or from filing a civil action under this

act.

E. Nothing in this section or this act shall be construed to

prevent a litigant from asserting the invalidity or

unconstitutionality of any provision or application of this act as a

defense to any action, claim, or counterclaim brought against that

litigant.
Okla. Stat. tit. 63, § 63-1-837 — OK Code / Title 63 / Section 63-1-837
Insuring life of resident - Persons eligible -
Status: in_force

Assignment of benefits of life insurance policy.

A. No owner, administrator, or operator of a residential care

home shall have an insurable interest in the life of a resident of

the home unless the owner, administrator or operator is related to

the resident by blood or marriage.

B. No owner, administrator or operator of a residential care

home shall be entitled or assigned to any benefits of a life

insurance policy on a resident unless the owner, administrator or

operator is related to the resident by blood or marriage.
Okla. Stat. tit. 63, § 63-2-506 — OK Code / Title 63 / Section 63-2-506
Seizure of property - Notice of seizure and intended
Status: in_force

forfeiture proceeding - Verified answer and claim to property -

Hearing - Evidence and proof - Proceeds of sale.

A. Any peace officer of this state shall seize the following

property:

1. Any property described in subsection A of Section 2-503 of

this title. Such property shall be held as evidence until a

forfeiture has been declared or release ordered, except for property

described in paragraphs 1, 2 and 3 of subsection A of Section 2-503

of this title, or in the case of money, coins, and currency,

deposited as provided in subsection E of Section 2-503 of this

title; provided, any money, coins and currency taken or detained

pursuant to this section may be deposited in an interest-bearing

account by or at the direction of the district attorney in the

office of the county treasurer if the district attorney determines

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

such monies shall be returned to the claimant or forfeited with the

money, coins and currency which was taken or detained as provided by

law;

2. Any property described in subsection B of Section 2-503 of

this title; or

3. Any property described in subsection C of Section 2-503 of

this title.

B. Notice of seizure and intended forfeiture proceeding shall

be filed in the office of the clerk of the district court for the

county wherein such property is seized and shall be given all owners

and parties in interest. Notwithstanding any other provision of

law, no filing fees shall be assessed by the court clerk for the

filing of any forfeiture action.

C. Notice shall be given by the agency seeking forfeiture

according to one of the following methods:

1. Upon each owner or party in interest whose right, title or

interest is of record in the Tax Commission, by mailing a copy of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1031

the notice by certified mail to the address as given upon the

records of the Tax Commission;

2. Upon each owner or party in interest whose name and address

is known to the attorney in the office of the agency prosecuting the

action to recover unpaid fines, by mailing a copy of the notice by

registered mail to the last-known address; or

3. Upon all other owners or interested parties, whose addresses

are unknown, but who are believed to have an interest in the

property, by one publication in a newspaper of general circulation

in the county where the seizure was made.

D. Within forty-five (45) days after the mailing or publication

of the notice, the owner of the property and any other party in

interest or claimant may file a verified answer and claim to the

property described in the notice of seizure and of the intended

forfeiture proceeding.

E. If at the end of forty-five (45) days after the notice has

been mailed or published there is no verified answer on file, the

court shall hear evidence upon the fact of the unlawful use and

shall order the property forfeited to the state, if such fact is

proved. Except as otherwise provided for in Section 2-503 of this

title, any such property shall be forfeited to the state and sold

under judgment of the court pursuant to the provisions of Section 2-

508 of this title.

F. If a verified answer is filed, the forfeiture proceeding

shall be set for hearing.

G. At a hearing in a proceeding against property described in

paragraphs 3 through 9 of subsection A or subsections B and C of

Section 2-503 of this title, the requirements set forth in said

paragraph or subsection, respectively, shall be satisfied by the

state by a preponderance of the evidence.

H. The claimant of any right, title, or interest in the

property may prove a lien, mortgage, or conditional sales contract

to be a bona fide or innocent ownership interest and that such

right, title, or interest was created without any knowledge or

reason to believe that the property was being, or was to be, used

for the purpose charged.

I. In the event of such proof, the court shall order the

property released to the bona fide or innocent owner, lien holder,

mortgagee or vendor if the amount due him is equal to, or in excess

of, the value of the property as of the date of the seizure, it

being the intention of this section to forfeit only the right, title

or interest of the purchaser.

J. If the amount due to such person is less than the value of

the property, or if no bona fide claim is established, the property

shall be forfeited to the state and sold under judgment of the

court, as provided for in Section 2-508 of this title, except as

otherwise provided for in Section 2-503 of this title.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1032

K. Property taken or detained under this section shall not be

repleviable, but shall be deemed to be in the custody of the office

of the district attorney of the county wherein the property was

seized, subject only to the orders and decrees of the court or the

official having jurisdiction thereof; said official shall maintain a

true and accurate inventory and record of all such property seized

under the provisions of this section. The provisions of this

subsection shall not apply to property taken or detained by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the

Department of Public Safety, the Oklahoma State Bureau of

Investigation, the Alcoholic Beverage Laws Enforcement Commission,

the Department of Corrections or the Office of the Attorney General.

Property taken or detained by the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control, the Department of Public Safety, the

Oklahoma State Bureau of Investigation, the Alcoholic Beverage Laws

Enforcement Commission, the Department of Corrections or the Office

of the Attorney General shall be subject to the provisions of

subsections E and F of Section 2-503 of this title.

L. The proceeds of the sale of any property not taken or

detained by the Oklahoma State Bureau of Narcotics and Dangerous

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

Bureau of Investigation, the Alcoholic Beverage Laws Enforcement

Commission, the Department of Corrections or the Office of the

Attorney General shall be distributed as follows, in the order

indicated:

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

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

or her interest in the property, when the court declaring the

forfeiture orders a distribution to such person;

2. To the payment of the actual expenses of preserving the

property and legitimate costs related to the civil forfeiture

proceedings. For purposes of this paragraph, the term "legitimate

costs" shall not include court costs associated with any civil

forfeiture proceeding; and

3. The balance to a revolving fund in the office of the county

treasurer of the county wherein the property was seized, said fund

to be used as a revolving fund solely for enforcement of controlled

dangerous substances laws, drug abuse prevention and drug abuse

education, and maintained by the district attorney in his or her

discretion for those purposes with a yearly accounting to the board

of county commissioners in whose county the fund is established and

to the District Attorneys Council; provided, one hundred percent

(100%) of the balance of the proceeds of such sale of property

forfeited due to nonpayment of a fine imposed pursuant to the

provisions of Section 2-415 of this title shall be apportioned as

provided in Section 2-416 of this title. The revolving fund shall

be audited by the State Auditor and Inspector at least every two (2)

Oklahoma Statutes - Title 63. Public Health and Safety Page 1033

years in the manner provided in Section 171 of Title 19 of the

Oklahoma Statutes. Said audit shall include, but not be limited to,

a compliance audit. A district attorney may enter into agreements

with municipal, tribal, county or state agencies to return to such

an agency a percentage of proceeds of the sale of any property

seized by the agency and forfeited under the provisions of this

section. The District Attorneys Council shall adopt guidelines

which ensure that such agencies receive a reasonable percentage of

such proceeds, considering the relative contribution of each agency

to the drug enforcement and prosecution operations relating to the

seizure. In formulating said guidelines, the District Attorneys

Council shall examine federal guidelines on asset distribution and

use said guidelines as a basis for establishing guidelines for this

state. The Attorney General is hereby authorized to mediate

disputes between district attorneys and such agencies concerning the

application of said guidelines in particular instances. Any agency

that receives proceeds from an asset distribution shall maintain a

true and accurate record of all such assets.

M. Whenever any vehicle, airplane or vessel is forfeited under

the Uniform Controlled Dangerous Substances Act, the district court

of jurisdiction may order that the vehicle, airplane or vessel

seized may be retained by the state, county or city law enforcement

agency which seized the vehicle, airplane or vessel for its official

use.

N. If the court finds that the state failed to satisfy the

required showing provided for in subsection G of this section, the

court shall order the property released to the owner or owners.

O. Except as provided for in subsection Q of this section, a

bona fide or innocent owner, lien holder, mortgagee or vendor that

recovers property pursuant to this section shall not be liable for

storage fees.

P. Except as provided for in subsection Q of this section,

storage fees shall be paid by the agency which is processing the

seizure and forfeiture from funds generated by seizure and

forfeiture actions.

Q. The bona fide or innocent owner, lien holder, mortgagee or

vendor shall reclaim subject seized property within thirty (30) days

of written notice from the seizing agency. If such person fails to

reclaim the property within the thirty-day time period, then storage

fees may be assessed against their secured interest.

R. 1. At any hearing held relevant to this section, a report

of the findings of the laboratory of the Oklahoma State Bureau of

Investigation, the medical examiner's report of investigation or

autopsy report, or a laboratory report from a forensic laboratory

operated by the State of Oklahoma or any political subdivision

thereof, which has been made available to the accused by the office

of the district attorney or other party to the forfeiture at least

Oklahoma Statutes - Title 63. Public Health and Safety Page 1034

five (5) days prior to the hearing, with reference to all or part of

the evidence submitted, when certified as correct by the persons

making the report shall be received as evidence of the facts and

findings stated, if relevant and otherwise admissible in evidence.

If such report is deemed relevant by the forfeiture applicant or the

respondent, the court shall admit such report without the testimony

of the person making the report, unless the court, pursuant to this

subsection, orders such person to appear.

2. When any alleged controlled dangerous substance has been

submitted to the laboratory of the OSBI for analysis, and such

analysis shows that the submitted material is a controlled dangerous

substance, the distribution of which constitutes a felony under the

laws of this state, no portion of such substance shall be released

to any other person or laboratory except to the criminal justice

agency originally submitting the substance to the OSBI for analysis,

absent an order of a district court. The defendant shall

additionally be required to submit to the court a procedure for

transfer and analysis of the subject material to ensure the

integrity of the sample and to prevent the material from being used

in any illegal manner.

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

attendance of any person preparing a report submitted as evidence in

the hearing when it appears there is a substantial likelihood that

material evidence not contained in said report may be produced by

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

shall be held and, if sustained, an order issued not less than five

(5) days prior to the time when the testimony shall be required.

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

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

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

report or other evidence but shall continue the hearing until such

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

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

ordered can be given.

S. In any forfeiture proceeding under this chapter in which the

defendant or claimant prevails, the court may order the plaintiff

processing the seizure and forfeiture to pay from funds generated by

seizure and forfeiture actions:

1. Reasonable attorney fees and other litigation costs

reasonably incurred by the defendant or claimant directly related to

the claim on which the defendant or claimant prevailed;

2. Postjudgment interest; and

3. In cases involving currency or other negotiable instruments:

a. interest actually paid to the state from the date of

seizure or arrest of the property that resulted from

the investment of the property in an interest-bearing

account or instrument, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1035

b. an imputed amount of interest that such currency,

instruments, or proceeds would have earned at the rate

applicable to the thirty-day Treasury Bill, for any

period during which no interest was paid, not

including any period when the property reasonably was

in use as evidence in an official proceeding or in

conducting scientific tests for the purpose of

collecting evidence, commencing fifteen (15) days

after the property was seized by a law enforcement

agency or was turned over to a law enforcement agency

by a federal law enforcement authority.
Okla. Stat. tit. 63, § 63-1-2325 — OK Code / Title 63 / Section 63-1-2325
Renumbered as § 2-10-601 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1513 — OK Code / Title 63 / Section 63-1-1513
Cooperation with federal agencies
Status: in_force

The State Department of Health shall cooperate with other

states, the United States Department of Health, Education and

Welfare and other federal agencies in the administration of programs

relating to the control and abatement of noise which have been or

may be initiated under federal laws.
Okla. Stat. tit. 63, § 63-2200.23A — OK Code / Title 63 / Section 63-2200.23A
Facilitation of anatomical gift from body of decedent
Status: in_force

under medical examiner's jurisdiction.

A. Upon request of a procurement organization, a medical

examiner shall release to the procurement organization the name,

contact information, and available medical and social history of a

decedent whose body is under the jurisdiction of the medical

examiner. If the decedent’s body or part is medically suitable for

transplantation, therapy, research, or education, the medical

examiner shall release postmortem examination results to the

procurement organization. The procurement organization may make a

subsequent disclosure of the postmortem examination results or other

information received from the medical examiner only if relevant to

transplantation, therapy, research or education.

B. The medical examiner may conduct a medicolegal investigation

by reviewing all medical records, laboratory test results, x-rays,

other diagnostic results, and other information that any person

possesses about a donor or prospective donor whose body is under the

jurisdiction of the medical examiner that the medical examiner

determines may be relevant to the investigation.

C. A person who has any information requested by a medical

examiner pursuant to subsection B of this section shall provide that

information as expeditiously as possible to allow the medical

examiner to conduct the medicolegal investigation within a period

compatible with the preservation of parts for the purpose of

transplantation, therapy, research, or education.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1369

D. If an anatomical gift has been or might be made of a part of

a decedent whose body is under the jurisdiction of the medical

examiner and a postmortem examination is not required, or the

medical examiner determines that a postmortem examination is

required but that the recovery of the part that is the subject of an

anatomical gift will not interfere with the examination, the medical

examiner and procurement organization shall cooperate in the timely

removal of the part from the decedent for the purpose of

transplantation, therapy, research, or education.

E. The medical examiner and procurement organizations shall

enter into an agreement setting forth protocols and procedures to

govern relations between the parties when an anatomical gift of a

part from the decedent under the jurisdiction of the medical

examiner has been or might be made, but the medical examiner

believes that the recovery of the part could interfere with the

postmortem investigation into the decedent’s cause or manner of

death. Decisions regarding the recovery of organs, tissue and eyes

from such a decedent shall be made in accordance with the agreement.

In the event that the medical examiner denies recovery of an

anatomical gift, the procurement organization may request the Chief

Medical Examiner to reconsider the denial and to permit the recovery

to proceed. The parties shall evaluate the effectiveness of the

protocols and procedures at regular intervals but no less frequently

than every two (2) years.

F. If the medical examiner or designee allows recovery of a

part under subsection D or E of this section, the procurement

organization, upon request, shall cause the physician or technician

who removes the part to provide the medical examiner with a record

describing the condition of the part, a biopsy, a photograph, and

any other information and observations that would assist in the

postmortem examination.

G. If a medical examiner or designee is required to be present

at a removal procedure under subsection E of this section, upon

request the procurement organization requesting the recovery of the

part shall reimburse the medical examiner or designee for the

additional costs incurred in complying with subsection E of this

section.
Okla. Stat. tit. 63, § 63-1061 — OK Code / Title 63 / Section 63-1061
Power of authority
Status: in_force

Every authority shall have all powers necessary or convenient to

carry out and effectuate the purposes and provisions of this act,

including the following powers in addition to others herein

specifically granted:

(a) To sue and to be sued; to have a seal and to alter the same

at pleasure; to have perpetual succession; to make and execute

contracts and other instruments necessary or convenient to the

exercise of the powers of the authority; and to make and from time

to time amend and repeal bylaws, rules and regulations.

(b) Within its area of operation: to prepare, carry out and

operate projects and to provide for the acquisition, construction,

reconstruction, improvement, extension, alteration or repair of any

project or any part thereof. Provided, however, that a public

hearing to consider a proposed project requiring construction,

purchasing, leasing or renting of more than twenty new housing units

shall be held together by the authority and governing body, and any

such project must be found to be in the public interest by a

majority of the members constituting said authority and a majority

of the members constituting said governing body as a condition

precedent to the implementation of any such project. Notice of the

public hearing required by this provision shall be given by

publication in a newspaper of general circulation within the

jurisdiction of the authority at least ten (10) days and not more

than thirty (30) days prior to said hearing; provided that an

additional public hearing shall be held by the authority before the

same shall select any location for any contiguous or noncontiguous

area of land on which the authority proposes to construct more than

twenty additional new housing units, and such hearing shall have as

Oklahoma Statutes - Title 63. Public Health and Safety Page 1316

its subject the location of the proposed additional units. Notice

of the public hearing required by this provision shall be given in a

newspaper of general circulation within the jurisdiction of the

authority at least ten (10) days and not more than thirty (30) days

prior to said hearing and three members of the Commission must

concur in the selection of any such location, except that the

aforesaid proviso concerning an additional public hearing shall not

apply to a location in an approved urban renewal project area.

(c) To undertake and carry out studies and analyses of housing

needs within its area of operation and ways of meeting such needs,

including data with respect to population and family groups and the

distribution thereof according to income groups, the amount and

quality of available housing and its distribution according to

rental and sale prices, employment, wages and other factors

affecting the local housing needs and the meeting thereof, and to

make the results of such studies and analyses available to the

public and the building, housing and supply industries; and to

engage in research and disseminate information on housing and slum

clearance.

(d) To utilize, contract with, act through, assist and cooperate

or deal with any person, agency, institution or organization, public

or private, for the provision of services, privileges, works or

facilities for or in connection with its projects; and,

notwithstanding anything to the contrary contained in this act or in

any other provision of law, to agree to any conditions attached to

federal financial assistance relating to the determination of

prevailing salaries or wages or payment of not less than prevailing

salaries or wages or compliance with labor standards, in the

development or administration of projects, and to include in any

contract awarded or entered into in connection with a project

stipulations requiring that the contractor and all subcontractors

comply with requirements as to minimum salaries or wages and maximum

hours of labor, and comply with any conditions attached to the

financial aid of the project. Construction, restitution,

improvement, extension, alteration or major repair of any project or

any part thereof shall be open to competitive bidding: provided,

however, nothing in this section shall prevent a local housing

authority from requesting proposals from property owners and/or

developers to provide certain kinds of housing to the housing

authority either presently existing or to be developed; provided,

that the local authority establish safeguards relating to laws and

regulations of the United States wherein the same has entered into

contracts with the authority to provide financial assistance in

acquiring the same; provided, further, that no authority shall

discriminate in its seeking, or in the award, of any contract for

services, acquisition of real or personal property, construction of

buildings, dwelling units, streets, utilities, site grading,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1317

landscaping and repairs to any of its holdings or upon property that

the authority plans to acquire, to include renovations, solely based

on the race, sex, color, religious beliefs or national origin of a

person or firm; except an Indian authority may give preference in

its awarding of a contract in all forms so long as the services to

be performed, or the construction of buildings, dwellings, site

improvements, repairs or renovation is to be performed or carried

out on a federally recognized tribal reservation or former

reservations and only then upon land held in trust by, or owned by,

the respective Indian tribe; and provided, further, that all

previously listed restrictions and regulations concerning public

hearings and locations of said projects are complied with in their

entirety.

(e) To lease, rent, sell or lease with option to purchase any

dwelling, accommodations, lands, buildings, structures or facilities

embraced in any project and, subject to the limitations contained in

this act with respect to the rental of or charges for dwellings in

housing projects, to establish and revise the rents or charges

therefor; to own, hold and improve real or personal property; to

purchase, lease, obtain options upon, acquire by gift, grant,

bequest, devise or otherwise any real or personal property or any

interest therein; to acquire by the exercise of the power of eminent

domain any real property or interest therein; to sell, lease,

exchange, transfer, assign, pledge or dispose of any real or

personal property or any interest therein, provided, however, that

before any such personal property shall be sold it shall be

advertised for sale in a newspaper of general circulation within the

jurisdiction of the authority, and such advertisement shall state

the time and place where written bids shall be received, or public

auction shall be held, that such property shall be sold to the

highest bidder, and that the authority may, within its discretion,

reject all bids and readvertise such property for sale in the event

any property, real or personal, acquired by the authority, by

eminent domain or otherwise, is later found to be in excess of its

needs, or unsuitable or unuseable for any reason, such property

shall, before being sold, leased, exchanged, transferred, assigned,

pledged or disposed of in any other manner, be first offered to

those persons, individuals, groups, organizations, corporations,

municipalities or their successors from whom it was first procured

by the authority, at the same price as paid by the authority at the

time of acquiring same, and except that lands acquired by the

authority may be sold to other governmental agencies for public

purposes, as long as such parcel of land does not exceed one percent

(1%) of the total land held by the authority and the sale is made

within ninety (90) days of the effective date of this act; to make

loans for the provisions of housing for occupancy by persons of low

income; to insure or provide for the insurance of any real or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1318

personal property or operations of the authority against any risks

or hazards; to procure or agree to the procurement of government

insurance or guarantees of the payment of any bonds or parts thereof

issued by the authority, including the power to pay premiums on any

such insurance; provided, however, that notwithstanding any

provisions in this law, the authority may develop programs for the

sale of individual homes and/or two-family units to low income

families or to families who have at one time qualified as low income

families under this act, under terms which the housing authority may

establish under conditions acceptable to bondholders, other lenders

and the federal government.

(f) To invest any funds held in reserves or sinking funds or any

funds not required for immediate disbursement in property or

securities in which public funds in the custody of a county

treasurer or the Treasurer of the State of Oklahoma may be legally

invested; to redeem its bonds at the redemption price established

therein or to purchase its bonds at less than such redemption price,

all bonds so redeemed or purchased to be cancelled.

(g) Within its area of operation: to determine where slum areas

exist or where there is unsafe, unsanitary or overcrowded housing;

to make studies and recommendations relating to the problem of

clearing, replanning and reconstruction of slum areas and the

problem of eliminating unsafe, unsanitary or overcrowded housing and

providing dwelling accommodations for persons of low income; and to

cooperate with the state or any state public body in action taken in

connection with such problems. Provided, however, the authority

shall not have the power to relocate any persons to other areas

until housing has been provided for such persons under this act.

(h) Acting through one or more commissioners or other persons

designated by the authority: to conduct examinations and

investigations and to hear testimony and take proof under oath at

public hearings on any matter material for its information; to

administer oaths, issue subpoenas requiring the attendance of

witnesses or the production of books and papers and to issue

commissions for the examination of witnesses who are outside of the

state or unable to attend before the authority, or excused from

attendance; to make available to appropriate agencies, including

those charged with the duty of abating or requiring the correction

of nuisances or like conditions or of demolishing unsafe or

unsanitary structures within its area of operation, its findings and

recommendations with regard to any building or property where

conditions exist which are dangerous to the public health, morals,

safety or welfare.

(i) To exercise all or any part or combination of powers herein

granted.

The powers of an authority shall not include: (1) the power to

appropriate funds of a city or county; (2) the power to levy taxes

Oklahoma Statutes - Title 63. Public Health and Safety Page 1319

and assessments; (3) the power to zone or rezone; or (4) the power

to make exceptions to zoning ordinances or building regulations of a

city or county.

No provision by law with respect to the acquisition, operation

or disposition of property by other public bodies shall be

applicable to an authority unless the Legislature shall specifically

so state.
Okla. Stat. tit. 63, § 63-1-713.1 — OK Code / Title 63 / Section 63-1-713.1
Federally Qualified Health Centers - Compliance with federal law - Investigation of and
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 8

Oklahoma Statutes - Title 63. Public Health and Safety Page 9federal law - Investigation of and sanctions for noncompliance -

Board member training and certification.

A. The Legislature finds that:

1. As providers of health care to medically underserved

populations, Federally Qualified Health Centers are extremely

beneficial to the citizens of Oklahoma;

2. The primary source of funding for Federally Qualified Health

Centers is through grants of funds by the Bureau of Primary Health

Care (BPHC) under Section 330 of the Public Health Service Act as

amended by the Health Centers Consolidation Act of 1996;

3. The receipt of federal grants is dependent upon compliance

with federal statutes, regulations and policies regarding the

mission, programs, governance, management and financial

responsibilities of such entities; and

4. In addition to federal grant monies, Federally Qualified

Health Centers in Oklahoma receive additional monies through the

appropriation of state funds.

B. In an effort to maintain the presence of Federally Qualified

Health Centers in Oklahoma and minimize the possibility of

jeopardizing federal funding for such entities, all Federally

Qualified Health Centers in Oklahoma that receive grants under

Section 330 of the Public Health Service Act shall:

1. Remain in compliance at all times with the federal statutes,

regulations and policies governing their existence at 42 U.S.C.

254b, 42 CFR 51c.303, 51c.304 and 51c.305, and BPHC Policy

Information Notice 98-23; and

2. Adhere to bylaws adopted in compliance with the federal

statutes, regulations and policies including, but not limited to,

provisions regarding the composition, functions and responsibilities

of boards of directors of Federally Qualified Health Centers.

C. Any Federally Qualified Health Center in Oklahoma that fails

to comply with federal statutes, regulations and policies governing

its existence shall be ineligible for state reimbursement for

uncompensated care.

Oklahoma Statutes - Title 63. Public Health and Safety Page 280

D. The State Department of Health shall investigate reported

violations of this act and, notwithstanding any other provision,

shall enforce this act by not contracting to reimburse the

uncompensated care costs of any Federally Qualified Health Center

found to be in violation of the provisions of this act. The

Department shall further report any violations of federal statutes,

regulations and policies related to this act to the Bureau of

Primary Health Care or other appropriate federal funding agency.

E. In order to ensure that Federally Qualified Health Centers

in Oklahoma remain eligible to receive state reimbursement for

uncompensated care under the provisions of this act, the State Board

of Health shall adopt rules, as it deems necessary and appropriate,

requiring board members of such entities to receive board member

training and establishing certification for entities to provide such

training.

F. The Oklahoma Health Care Authority shall, at all times,

ensure that Federally Qualified Health Centers receive, at a

minimum, payment for services in accordance with Section 1396a(bb)

of Title 42 of the United States Code.
Okla. Stat. tit. 63, § 63-1-706 — OK Code / Title 63 / Section 63-1-706
Licenses - Issuance, suspension and revocation
Status: in_force

A. The State Commissioner of Health shall issue licenses for

the operation of hospitals found to comply with the provisions of

Section 1-701 et seq. of this title and rules and standards of the

Commissioner.

B. A hospital with an emergency department shall take the

following measures:

1. Adopt and enforce policies and procedures to comply with the

requirements of the Emergency Medical Treatment and Labor Act, 42

U.S.C., Section 1395dd (2012), even if the facility does not

participate in the federal Medicare program;

2. Post signs in the dedicated emergency department specifying

the rights of individuals with emergency medical conditions who come

to the dedicated emergency department for health care services in

compliance with 42 CFR, Section 489.20(q), and indicate on the signs

whether the facility does not participate in Medicare, Medicaid or

other federally sponsored health insurance such as Tricare; and

3. Post the information required under paragraph 2 of this

subsection on the facility's Internet website.

C. The Commissioner may suspend or revoke any such license on

any of the following grounds:

1. Violation of any of the provisions of Section 1-701 et seq.

of this title, or rules or standards promulgated pursuant thereto;

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

act in the licensed hospital or institution; or

3. Conduct or practices deemed by the Commissioner to be

detrimental to the welfare of the patients of the hospital or

institution.

D. Upon notice of non-renewal and expiration of the opportunity

to respond, a license shall be deemed to be surrendered. However,

Oklahoma Statutes - Title 63. Public Health and Safety Page 270

if a licensee has filed noticed with intent to renew the license

within the time frame established by the State Department of Health,

the license shall not be deemed to be surrendered by the Department.

E. If a license is revoked, a new application for license shall

be considered by the Commissioner on receipt of evidence that the

conditions upon which revocation was based have been corrected. A

new license may then be granted after proper inspection has been

made and all provisions of Section 1-701 et seq. of this title and

rules and standards of the Commissioner have been satisfied. The

application for a new license after revocation or surrender shall

result in a new license number from the Department. Issuance of the

license shall be based on compliance with all applicable laws and

rules for licensure and shall not be based on a correction upon

which a revocation was based.
Okla. Stat. tit. 63, § 63-102 — OK Code / Title 63 / Section 63-102
Violation by agent of railroad
Status: in_force

Any agent, or employee, or officer of any railroad, or

transportation company, violating any of the provisions of this

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

conviction thereof shall be fined in a sum of not less than Twenty-

five Dollars ($25.00), nor more than One Hundred Dollars ($100.00),

or confined in the county jail for a period of not less than thirty

(30) days nor more than ninety (90) days.
Okla. Stat. tit. 63, § 63-1-314 — OK Code / Title 63 / Section 63-1-314
Delayed death certificate
Status: in_force

(a) When a death occurring in this state has not been

registered, a certificate may be filed in accordance with

regulations of the State Board of Health. Such certificate shall be

registered subject to such evidentiary requirements as the Board

shall by regulation prescribe, to substantiate the alleged facts of

death.

(b) Certificates of death registered one year or more after the

date of occurrence shall be marked "delayed" and shall show on their

face the date of the delayed registration.
Okla. Stat. tit. 63, § 63-1-902 — OK Code / Title 63 / Section 63-1-902
Renumbered as § 2-6-701 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.

Oklahoma Statutes - Title 63. Public Health and Safety Page 557
Okla. Stat. tit. 63, § 63-2-309C — OK Code / Title 63 / Section 63-2-309C
Dispensers of Schedule II, III, IV or V controlled dangerous substances - Transmittal of
Status: in_force

certain information to central repository - Willful failure to transmit - Monitoring ofdangerous substances - Transmittal of certain information to central

repository - Willful failure to transmit - Monitoring of

pseudoephedrine product sales.

A. A dispenser of a Schedule II, III, IV or V controlled

dangerous substance dispensed pursuant to a valid prescription shall

transmit to a central repository designated by the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control using the American

Society for Automation in Pharmacy's (ASAP) Telecommunications

Format for Controlled Substances version designated in rules by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the

following information for each dispensation:

1. Recipient's and recipient's agent's name;

2. Recipient's and recipient's agent's address;

3. Recipient's and recipient's agent's date of birth;

4. Recipient's and recipient's agent's identification number;

5. National Drug Code number of the substance dispensed;

6. Date of the dispensation;

7. Quantity of the substance dispensed;

8. Prescriber's United States Drug Enforcement Agency

registration number;

9. Dispenser's registration number; and

10. Other information as required by administrative rule.

B. The information required by this section shall be

transmitted:

1. In a format or other media designated acceptable by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control; and

2. Within twenty-four (24) hours of the time that the substance

is dispensed. Beginning January 1, 2012, all information shall be

submitted on a real-time log.

C. When a prescription is written or dispensed to a resident of

a nursing home or a person who is under the care of a hospice

program licensed pursuant to the provisions of the Oklahoma Hospice

Licensing Act who does not have an identification card issued by the

state or another form of a recipient identification number pursuant

to Section 2-309B of this title, a Social Security number may be

used for the purpose of complying with the reporting requirements

provided for in this section.

D. When a prescription is written or dispensed to a person

whose state-issued identification card has been expired for no more

than one (1) year, and who does not possess another form of a

recipient identification number pursuant to Section 2-309B of this

title, a Social Security number may be used for the purpose of

Oklahoma Statutes - Title 63. Public Health and Safety Page 951

complying with the reporting requirements provided for in this

section.

E. Willful failure to transmit accurate information as required

by this section shall be a misdemeanor punishable, upon conviction,

by not more than one (1) year in the county jail, or by a fine of

not more than One Thousand Dollars ($1,000.00), or by both such

imprisonment and fine, or administrative action may be taken

pursuant to Section 2-304 of this title.

F. The Director of the Bureau shall have the authority to allow

paper submissions on a form designated by the Oklahoma State Bureau

of Narcotics and Dangerous Drugs Control, if the dispenser has an

appropriate hardship.
Okla. Stat. tit. 63, § 63-2-508 — OK Code / Title 63 / Section 63-2-508
Disposition of seized property
Status: in_force

A. Except as otherwise provided, all property described in

paragraphs 1 and 2 of subsection A of Section 2-503 of this title

which is seized or surrendered pursuant to the provisions of the

Uniform Controlled Dangerous Substances Act shall be destroyed. The

destruction shall be done by or at the direction of the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control (OSBNDD), who

shall have the discretion prior to destruction to preserve samples

of the substance for testing. In any county with a population of

four hundred thousand (400,000) or more according to the latest

Federal Decennial Census, there shall be a located site, approved by

the OSBNDD, for the destruction of the property. Any such property

submitted to the OSBNDD which it deems to be of use for

investigative training, educational, or analytical purposes may be

retained by the OSBNDD in lieu of destruction.

B. 1. With respect to controlled dangerous substances seized

or surrendered pursuant to the provisions of the Uniform Controlled

Dangerous Substances Act, municipal police departments, sheriffs,

the Oklahoma Bureau of Narcotics and Dangerous Drugs Control

Commission, the Oklahoma Highway Patrol, and the Oklahoma State

Bureau of Investigation shall have the authority to destroy seized

controlled dangerous substances when the amount seized in a single

incident exceeds ten (10) pounds. The destroying agency shall:

a. photograph the seized substance with identifying case

numbers or other means of identification,

b. prepare a report describing the seized substance prior

to the destruction,

c. retain at least one (1) pound of the substance

randomly selected from the seized substance for the

purpose of evidence, and

d. obtain and retain samples of the substance from enough

containers, bales, bricks, or other units of substance

seized to establish the presence of a weight of the

substance necessary to establish a violation of the

Trafficking in Illegal Drugs Act pursuant to

subsection C of Section 2-415 of this title, if such a

weight is present. If such weight is not present,

samples of the substance from each container, bale,

brick or other unit of substance seized shall be

taken. Each sample taken pursuant to this section

shall be large enough for the destroying agency and

the defendant or suspect to have an independent test

performed on the substance for purposes of

identification.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1037

2. If a defendant or suspect is known to the destroying agency,

the destroying agency shall give at least seven (7) days' written

notice to the defendant, suspect or counsel for the defendant or

suspect of:

a. the date, the time, and the place where the

photographing will take place and notice of the right

to attend the photographing, and

b. the right to obtain samples of the controlled

dangerous substance for independent testing and use as

evidence.

3. The written notice shall also inform the defendant, suspect

or counsel for the defendant or suspect that the destroying agency

must be notified in writing within seven (7) days from receipt of

the notice of the intent of the suspect or defendant to obtain

random samples and make arrangements for the taking of samples. The

samples for the defendant or suspect must be taken by a person

licensed by the Drug Enforcement Administration. If the defendant

or counsel for the defendant fails to notify the destroying agency

in writing of an intent to obtain samples and fails to make

arrangements for the taking of samples, a sample taken pursuant to

subparagraph d of paragraph 1 of this subsection shall be made

available upon request of the defendant or suspect.

The representative samples, the photographs, the reports, and

the records made under this section and properly identified shall be

admissible in any court or administrative proceeding for any

purposes for which the seized substance itself would have been

admissible.

C. All other property not otherwise provided for in the Uniform

Controlled Dangerous Substances Act which has come into the

possession of the Oklahoma State Bureau of Narcotics and Dangerous

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

Bureau of Investigation, the Alcoholic Beverage Laws Enforcement

Commission, the Department of Corrections, the Office of the

Attorney General, or a district attorney may be disposed of by order

of the district court when no longer needed in connection with any

litigation. If the owner of the property is unknown to the agency

or district attorney, the agency or district attorney shall hold the

property for at least six (6) months prior to filing a petition for

disposal with the district court except for laboratory equipment

which may be forfeited when no longer needed in connection with

litigation, unless the property is perishable. The Director or

Commissioner of the agency, the Attorney General, or district

attorney shall file a petition in the district court of Oklahoma

County or in the case of a district attorney, the petition shall be

filed in a county within the jurisdiction of the district attorney

requesting the authority to:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1038

1. Conduct a sale of the property at a public auction or use an

Internet auction, which may include online bidding; or

2. Convert title of the property to the Oklahoma State Bureau

of Narcotics and Dangerous Drugs Control, the Department of Public

Safety, the Oklahoma State Bureau of Investigation, the Alcoholic

Beverage Laws Enforcement Commission, the Department of Corrections,

the Office of the Attorney General, or to the district attorney's

office for the purposes provided for in subsection J, K or L of this

section.

The Director, Commissioner, Attorney General or district

attorney shall attach to the petition:

a. a list describing the property, including all

identifying numbers and marks, if any,

b. the date the property came into the possession of the

agency or district attorney, and

c. the name and address of the owner, if known.

For any item having an apparent value in excess of One Hundred

Dollars ($100.00), but less than Five Hundred Dollars ($500.00), the

notice of the hearing of the petition for the sale of the property,

except laboratory equipment used in the processing, manufacturing or

compounding of controlled dangerous substances in violation of the

provisions of the Uniform Controlled Dangerous Substances Act, shall

be given to every known owner, as set forth in the petition, by

first-class mail to the last-known address of the owner at least ten

(10) days prior to the date of the hearing. An affidavit of notice

being sent shall be filed with the court by a representative of the

agency, the Director or Commissioner of the agency, the Attorney

General or district attorney. For items in excess of Five Hundred

Dollars ($500.00), a notice of the hearing of the petition for the

sale of said property shall be delivered to every known owner as set

forth in the petition by certified mail. Notice of a hearing on a

petition for forfeiture or sale of laboratory equipment used in the

processing, manufacturing or compounding of controlled dangerous

substances in violation of the Uniform Controlled Dangerous

Substances Act shall not be required.

The notice shall contain a brief description of the property,

and the location and date of the hearing. In addition, notice of

the hearing shall be posted in three public places in the county,

one such place being the county courthouse at the regular place

assigned for the posting of legal notices. At the hearing, if no

owner appears and establishes ownership of the property, the court

may enter an order authorizing the Director, Commissioner, Attorney

General, or district attorney to donate the property pursuant to

subsection J, K or L of this section, to sell the property at a

public auction, including an Internet auction, which may include

online bidding, to the highest bidder, or to convert title of the

property to the Oklahoma State Bureau of Narcotics and Dangerous

Oklahoma Statutes - Title 63. Public Health and Safety Page 1039

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

Bureau of Investigation, the Alcoholic Beverage Laws Enforcement

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

Attorney General for the purposes provided for in subsection J, K or

L of this section after at least ten (10) days of notice has been

given by publication in one issue of a legal newspaper of the

county. If the property is offered for sale at public auction,

including an Internet auction, and no bid is received that exceeds

fifty percent (50%) of the value of the property, such value to be

announced prior to the sale, the Director, Commissioner, Attorney

General, or district attorney may refuse to sell the item pursuant

to any bid received. The Director, Commissioner, Attorney General,

or district attorney shall make a return of the sale and, when

confirmed by the court, the order confirming the sale shall vest in

the purchaser title to the property so purchased.

D. The money received from the sale of property by the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control shall be used

for general drug enforcement purposes. These funds shall be

transferred to the Bureau of Narcotics Revolving Fund established

pursuant to Section 2-107 of this title or in the case of a district

attorney, the revolving fund provided for in paragraph 3 of

subsection L of Section 2-506 of this title.

E. At the request of the Department of Public Safety, the

district attorney or a designee of the district attorney may conduct

any forfeiture proceedings as described in Section 2-503 of this

title on any property subject to forfeiture as described in

subsection A, B or C of Section 2-503 of this title. The money

received from the sale of property by the Department of Public

Safety shall be deposited in the Department of Public Safety

Restricted Revolving Fund and shall be expended for law enforcement

purposes.

F. The money received from the sale of property by the

Alcoholic Beverage Laws Enforcement Commission shall be deposited in

the General Revenue Fund of the state.

G. The money received from the sale of property from the

Oklahoma State Bureau of Investigation shall be deposited in the

OSBI Revolving Fund and shall be expended for law enforcement

purposes.

H. The Director of the Department of Corrections shall make a

return of the sale and when confirmed by the court, the order

confirming the sale shall vest in the purchaser title to the

property so purchased. Twenty-five percent (25%) of the money

received from the sale shall be disbursed to a revolving fund in the

office of the county treasurer of the county wherein the property

was seized, said fund to be used as a revolving fund solely for

enforcement of controlled dangerous substances laws, drug abuse

prevention and drug abuse education. The remaining seventy-five

Oklahoma Statutes - Title 63. Public Health and Safety Page 1040

percent (75%) shall be deposited in the Department of Corrections

Revolving Fund to be expended for equipment for probation and parole

officers and correctional officers.

I. The money received from the sale of property from the Office

of the Attorney General shall be deposited in the Attorney General

Law Enforcement Revolving Fund and shall be expended for law

enforcement purposes. The Office of the Attorney General may enter

into agreements with municipal, county or state agencies to return

to such an agency a percentage of proceeds of the sale of any

property seized by the agency and forfeited under the provisions of

this section.

J. Any property, including but not limited to uncontaminated

laboratory equipment used in the processing, manufacturing or

compounding of controlled dangerous substances in violation of the

provisions of the Uniform Controlled Dangerous Substances Act, upon

a court order, may be donated for classroom or laboratory use by the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,

Department of Public Safety, district attorney, the Alcoholic

Beverage Laws Enforcement Commission, the Department of Corrections,

or the Office of the Attorney General to any public secondary school

or technology center school in this state or any institution of

higher education within The Oklahoma State System of Higher

Education.

K. Any vehicle or firearm which has come into the possession

and title vested in the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control, the Department of Public Safety, the

Oklahoma State Bureau of Investigation, the Office of the Attorney

General or a district attorney, may be transferred, donated or

offered for lease to any sheriff's office, tribal law enforcement

agency, campus police department pursuant to the provisions of the

Oklahoma Campus Security Act, or police department in this state on

an annual basis to assist with the enforcement of the provisions of

the Uniform Controlled Dangerous Substances Act. Each agency shall

promulgate rules, regulations and procedures for leasing vehicles

and firearms. No fully automatic weapons will be subject to the

leasing agreement. All firearms leased may be utilized only by

C.L.E.E.T.-certified officers who have received training in the type

and class of weapon leased. Every lessee shall be required to

submit an annual report to the leasing agency stating the condition

of all leased property. A lease agreement may be renewed annually

at the option of the leasing agency. Upon termination of a lease

agreement, the property shall be returned to the leasing agency for

sale or other disposition. All funds derived from lease agreements

or other disposition of property no longer useful to law enforcement

shall be deposited in the agency's revolving fund, or in the case of

the Department of Public Safety, the Department of Public Safety

Oklahoma Statutes - Title 63. Public Health and Safety Page 1041

Restricted Revolving Fund, and shall be expended for law enforcement

purposes.

L. Before disposing of any property pursuant to subsections C

through I of this section, the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control, the Department of Public Safety, the

Alcoholic Beverage Laws Enforcement Commission, the Oklahoma State

Bureau of Investigation, the Department of Corrections, the Office

of the Attorney General, or a district attorney may transfer or

donate the property to another state agency, tribal law enforcement

agency, or school district for use upon request. In addition to the

provisions of this section, the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control may transfer or donate property for any

purpose pursuant to Section 2-106.2 of this title. The agencies and

any district attorney that are parties to any transfer of property

pursuant to this subsection shall enter into written agreements to

carry out any such transfer of property. Any such agreement may

also provide for the granting of title to any property being

transferred as the parties deem appropriate. If the transfer of

property is to a school district, a written agreement shall be

entered into with the superintendent of the school district. No

weapons may be transferred to a school district except as provided

for in subsection K of this section.
Okla. Stat. tit. 63, § 63-92 — OK Code / Title 63 / Section 63-92
Conditions for surrendering unclaimed bodies in government
Status: in_force

custody to Anatomical Board.

In the event that the body of any deceased person required to be

buried or cremated at public expense shall enter into the custody of

a government official, such as a warden, superintendent,

administrator or officer of any state, county or municipal office,

the government official shall use reasonable effort to ascertain if

the deceased person has any relative, friend or other representative

Oklahoma Statutes - Title 63. Public Health and Safety Page 1060

who will assume charge of the body for burial or cremation at his or

her expense. If such effort does not result in the discovery of a

claimant within twenty-four (24) hours after death, the government

official may notify the Anatomical Board or the Board’s agent. The

government official shall, without fee or reward, surrender, except

as otherwise specifically provided by law, such unclaimed body or

bodies to the Anatomical Board’s agent and permit the Board or its

agents to take and remove all such unclaimed bodies to be used for

the advancement of medical and anatomical sciences. The Anatomical

Board or the Board’s agent may accept or decline such unclaimed

bodies, but no such body shall be delivered if:

1. any relative, by blood or marriage, has previously claimed

the body for burial or cremation at the expense of such relative, in

which event the body shall be surrendered to the claimant for burial

or cremation;

2. any government official is authorized pursuant to statutory

law of this state to bury or cremate such body; or

3. any representative of a fraternal society of which the

deceased was a member, representative of a charitable organization,

or friend of the deceased has claimed the body for burial prior to

delivery to the Board’s agent. In such event, the burial shall be

at the expense of the fraternal society, charitable organization,

friend, institution or official.
Okla. Stat. tit. 63, § 63-3101.10 — OK Code / Title 63 / Section 63-3101.10
Civil and criminal liability and disciplinary actions
Status: in_force

A. In the absence of knowledge of the revocation of an advance

directive, a person is not subject to civil or criminal liability or

discipline for unprofessional conduct for carrying out the advance

Oklahoma Statutes - Title 63. Public Health and Safety Page 1468

directive pursuant to the requirements of the Oklahoma Advance

Directive Act.

B. A physician or other health care provider, whose actions

under the Oklahoma Advance Directive Act are in accord with

reasonable medical standards, is not subject to criminal or civil

liability or discipline for unprofessional conduct with respect to

those actions; provided, that this subsection may not be construed

to authorize a violation of Section 3101.9 of this title. In making

decisions and determinations pursuant to the Oklahoma Advance

Directive Act the physician shall use his or her best judgment

applying with ordinary care and diligence the knowledge and skill

that is possessed and used by members of the physician’s profession

in good standing engaged in the same field of practice at that time,

measured by national standards.

C. An individual designated as a health care proxy, pursuant to

Section 3101.4 of this title, to make health care decisions for a

declarant and whose decisions regarding the declarant are made in

good faith pursuant to the Oklahoma Advance Directive Act, is not

subject to criminal or civil liability, or discipline for

unprofessional conduct with respect to those decisions.
Okla. Stat. tit. 63, § 63-1-833 — OK Code / Title 63 / Section 63-1-833
Penalties
Status: in_force

A. Any person who has been determined by the State Department

of Health to have violated any provision of the Residential Care Act

or any rule promulgated pursuant thereto may be liable for a civil

penalty of not more than One Hundred Dollars ($100.00) for each day

that the violation continues. The maximum civil penalty shall not

exceed Ten Thousand Dollars ($10,000.00) for any related series of

violations.

B. The amount of the penalty shall be assessed by the

Department pursuant to the provisions of subsection A of this

section, after notice and hearing. In determining the amount of the

penalty, the Department shall include, but not be limited to,

consideration of the nature, circumstances, and gravity of the

violation and, with respect to the person found to have committed

the violation, the degree of culpability, the effect on ability of

the person to continue to do business, and any show of good faith in

attempting to achieve compliance with the provisions of the

Residential Care Act.

C. Any license holder may elect to surrender his or her license

in lieu of the fine but shall be forever barred from obtaining a

reissuance of the license.

Oklahoma Statutes - Title 63. Public Health and Safety Page 486
Okla. Stat. tit. 63, § 63-1-818.20 — OK Code / Title 63 / Section 63-1-818.20
Renumbered as § 1430.20 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-703 — OK Code / Title 63 / Section 63-703
Operators and employees - 21 years of age
Status: in_force

No person under the age of twenty-one (21) years shall operate

or be employed at any shooting gallery. Violation of this section

shall be cause for revocation of the inspection statement provided

for in Section 4 of this act.
Okla. Stat. tit. 63, § 63-2654.4 — OK Code / Title 63 / Section 63-2654.4
Certification as regional poison control center
Status: in_force

The program of the center shall be structured and designed, to

the extent resources permit, to meet the criteria for certification

as a regional poison control center by the American Association of

Poison Control Centers.
Okla. Stat. tit. 63, § 63-2354 — OK Code / Title 63 / Section 63-2354
Employees - Nonliability
Status: in_force

No liability under this act shall be created as to workmen who

are employees of a contractor, subcontractor or other employer

responsible for compliance with this act.
Okla. Stat. tit. 63, § 63-428 — OK Code / Title 63 / Section 63-428
Short title - Oklahoma Medical Marijuana Waste Management
Status: in_force

Act.

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

Medical Marijuana Waste Management Act".
Okla. Stat. tit. 63, § 63-2-401 — OK Code / Title 63 / Section 63-2-401
Prohibited acts A - Penalties
Status: in_force

A. Except as authorized by the Uniform Controlled Dangerous

Substances Act, it shall be unlawful for any person:

1. To distribute, dispense, transport with intent to distribute

or dispense, possess with intent to manufacture, distribute, or

dispense, a controlled dangerous substance or to solicit the use of

or use the services of a person less than eighteen (18) years of age

to cultivate, distribute or dispense a controlled dangerous

substance;

2. To create, distribute, transport with intent to distribute

or dispense, or possess with intent to distribute, a counterfeit

controlled dangerous substance; or

3. To distribute any imitation controlled substance as defined

by Section 2-101 of this title, except when authorized by the Food

and Drug Administration of the United States Department of Health

and Human Services.

B. Any person who violates the provisions of this section with

respect to:

1. A substance classified in Schedule I or II, except for

marijuana, upon conviction, shall be guilty of transporting or

Oklahoma Statutes - Title 63. Public Health and Safety Page 981

possessing with an intent to distribute a controlled dangerous

substance, a Class C2 felony offense, and shall be sentenced to a

term of imprisonment as provided for in subsections B through F of

Section 20M of Title 21 of the Oklahoma Statutes, and a fine not

more than One Hundred Thousand Dollars ($100,000.00), which shall be

in addition to other punishment provided by law and shall not be

imposed in lieu of other punishment. A second conviction for the

violation of provisions of this paragraph is a Class C2 felony

offense punishable by a term of imprisonment as provided for in

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

Statutes. A third or subsequent conviction for the violation of the

provisions of this paragraph is a Class C2 felony offense punishable

by a term of imprisonment as provided for in subsections B through F

of Section 20M of Title 21 of the Oklahoma Statutes;

2. Any other controlled dangerous substance classified in

Schedule III, IV, V or marijuana, upon conviction, shall be guilty

of a Class D1 felony offense and shall be sentenced to a term of

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes and a fine not more than

Twenty Thousand Dollars ($20,000.00), which shall be in addition to

other punishment provided by law and shall not be imposed in lieu of

other punishment. A second conviction for the violation of the

provisions of this paragraph is a Class D1 felony offense punishable

by a term of imprisonment as provided for in subsections B through F

of Section 20N of Title 21 of the Oklahoma Statutes. A third or

subsequent conviction for the violation of the provisions of this

paragraph is a Class D1 felony offense punishable by a term of

imprisonment as provided for in subsections B through F of Section

20M of Title 21 of the Oklahoma Statutes; or

3. An imitation controlled substance as defined by Section 2-

101 of this title, upon conviction, shall be guilty of a misdemeanor

and shall be sentenced to a term of imprisonment in the county jail

for a period not more than one (1) year and a fine not more than One

Thousand Dollars ($1,000.00). A person convicted of a second

violation of the provisions of this paragraph shall be guilty of a

Class D2 felony offense and shall be sentenced to a term of

imprisonment as provided for in subsections B through F of Section

20O of Title 21 of the Oklahoma Statutes, and a fine not more than

Five Thousand Dollars ($5,000.00), which shall be in addition to

other punishment provided by law and shall not be imposed in lieu of

other punishment.

C. 1. Except when authorized by the Food and Drug

Administration of the United States Department of Health and Human

Services, it shall be unlawful for any person to manufacture or

distribute a controlled substance or synthetic controlled substance.

2. Any person convicted of violating the provisions of

paragraph 1 of this subsection with respect to distributing a

Oklahoma Statutes - Title 63. Public Health and Safety Page 982

controlled substance is guilty of a Class C2 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20M of Title 21 of the Oklahoma Statutes, and a

fine not more than Twenty-five Thousand Dollars ($25,000.00), which

shall be in addition to other punishment provided by law and shall

not be imposed in lieu of other punishment.

3. A second conviction for the violation of the provisions of

paragraph 1 of this subsection with respect to distributing a

controlled substance is a Class C2 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20M of Title 21 of the Oklahoma Statutes. A third or subsequent

conviction for the violation of the provisions of this paragraph is

a Class C2 felony offense punishable by imprisonment as provided for

in subsections B through F of Section 20M of Title 21 of the

Oklahoma Statutes.

4. Any person convicted of violating the provisions of

paragraph 1 of this subsection with respect to manufacturing a

controlled substance is guilty of a Class C2 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20M of Title 21 of the Oklahoma Statutes, and a

fine not more than Twenty-five Thousand Dollars ($25,000.00), which

shall be in addition to other punishment provided by law and shall

not be imposed in lieu of other punishment.

5. A second conviction for the violation of the provisions of

paragraph 1 of this subsection with respect to manufacturing a

controlled substance is a Class C2 felony offense punishable by

imprisonment as provided for in subsections B through F of Section

20M of Title 21 of the Oklahoma Statutes. A third or subsequent

conviction for the violation of the provisions of this paragraph is

a Class C2 felony offense punishable by imprisonment as provided for

in subsections B through F of Section 20M of Title 21 of the

Oklahoma Statutes.

D. Convictions for violations of the provisions of this section

shall be subject to the statutory provisions for suspended or

deferred sentences, or probation as provided in Section 991a of

Title 22 of the Oklahoma Statutes.

E. Any person who is at least eighteen (18) years of age and

who violates the provisions of this section by using or soliciting

the use of services of a person less than eighteen (18) years of age

to distribute, dispense, transport with intent to distribute or

dispense or cultivate a controlled dangerous substance or by

distributing a controlled dangerous substance to a person under

eighteen (18) years of age, or in the presence of a person under

twelve (12) years of age, is guilty of a Class C1 felony offense

punishable by:

Oklahoma Statutes - Title 63. Public Health and Safety Page 983

1. For a first violation of this subsection, a term of

imprisonment in the custody of the Department of Corrections not

less than two (2) years nor more than ten (10) years;

2. For a second violation of this subsection, a term of

imprisonment in the custody of the Department of Corrections for not

less than four (4) years nor more than twenty (20) years; or

3. For a third or subsequent violation of this subsection, a

term of imprisonment in the custody of the Department of Corrections

for not less than ten (10) years nor more than life.

F. Any person who violates any provision of this section by

transporting with intent to distribute or dispense, distributing or

possessing with intent to distribute a controlled dangerous

substance to a person, or violation of subsection G of this section,

in or on, or within two thousand (2,000) feet of the real property

comprising a public or private elementary or secondary school,

public vocational school, public or private college or university,

or other institution of higher education, recreation center or

public park, including a state park or recreation area, public

housing project, or child care facility as defined by Section 402 of

Title 10 of the Oklahoma Statutes, shall be guilty of a Class C1

felony offense and shall be punished by:

1. For a first offense, a term of imprisonment as provided for

in subsections B through E of Section 20L of Title 21 of the

Oklahoma Statutes; or

2. For a second or subsequent violation of this section, a term

of imprisonment as provided for in subsections B through E of

Section 20L of Title 21 of the Oklahoma Statutes, or by the

imposition of a fine, or by both, not exceeding thrice that

authorized by the appropriate provision of this section.

Convictions for second and subsequent violations of the provisions

of this section shall not be subject to statutory provisions of

suspended sentences, deferred sentences or probation.

G. 1. Except as authorized by the Uniform Controlled Dangerous

Substances Act, it shall be unlawful for any person to manufacture

or attempt to manufacture any controlled dangerous substance or

possess any substance listed in Section 2-322 of this title or any

substance containing any detectable amount of pseudoephedrine or its

salts, optical isomers or salts of optical isomers, iodine or its

salts, optical isomers or salts of optical isomers, hydriodic acid,

sodium metal, lithium metal, anhydrous ammonia, phosphorus, or

organic solvents with the intent to use that substance to

manufacture a controlled dangerous substance.

2. Any person violating the provisions of this subsection with

respect to the unlawful manufacturing or attempting to unlawfully

manufacture any controlled dangerous substance, possessing any

substance listed in this subsection or Section 2-322 of this title,

or combining fentanyl with any other controlled dangerous substance,

Oklahoma Statutes - Title 63. Public Health and Safety Page 984

upon conviction, is guilty of a Class A2 felony offense and shall be

punished by imprisonment in the custody of the Department of

Corrections for not less than seven (7) years nor more than life and

by a fine not less than Fifty Thousand Dollars ($50,000.00), which

shall be in addition to other punishment provided by law and shall

not be imposed in lieu of other punishment. The possession of any

amount of anhydrous ammonia in an unauthorized container shall be

prima facie evidence of intent to use such substance to manufacture

a controlled dangerous substance.

3. Any person violating the provisions of this subsection with

respect to the unlawful manufacturing or attempting to unlawfully

manufacture any controlled dangerous substance in the following

amounts:

a. one (1) kilogram or more of a mixture or substance

containing a detectable amount of heroin,

b. five (5) kilograms or more of a mixture or substance

containing a detectable amount of:

(1) coca leaves, except coca leaves and extracts of

coca leaves from which cocaine, ecgonine, and

derivatives of ecgonine or their salts have been

removed,

(2) cocaine, its salts, optical and geometric

isomers, and salts of isomers,

(3) ecgonine, its derivatives, their salts, isomers,

and salts of isomers, or

(4) any compound, mixture, or preparation which

contains any quantity of any of the substances

referred to in divisions (1) through (3) of this

subparagraph,

c. fifty (50) grams or more of a mixture or substance

described in division (2) of subparagraph b of this

paragraph which contains cocaine base,

d. one hundred (100) grams or more of phencyclidine (PCP)

or one (1) kilogram or more of a mixture or substance

containing a detectable amount of phencyclidine (PCP),

e. ten (10) grams or more of a mixture or substance

containing a detectable amount of lysergic acid

diethylamide (LSD),

f. four hundred (400) grams or more of a mixture or

substance containing a detectable amount of N-phenyl-

N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100

grams or more of a mixture or substance containing a

detectable amount of any analogue of N-phenyl-N-[1-(2-

phenylethyl)-4-piperidinyl] propanamide,

g. one thousand (1,000) kilograms or more of a mixture or

substance containing a detectable amount of marijuana

Oklahoma Statutes - Title 63. Public Health and Safety Page 985

or one thousand (1,000) or more marijuana plants

regardless of weight,

h. fifty (50) grams or more of methamphetamine, its

salts, isomers, and salts of its isomers or five

hundred (500) grams or more of a mixture or substance

containing a detectable amount of methamphetamine, its

salts, isomers, or salts of its isomers, or

i. ten (10) grams or more of a mixture or substance

containing a detectable amount of fentanyl, its

analogs, or derivatives,

upon conviction, is guilty of aggravated manufacturing of a

controlled dangerous substance, a Class A1 felony offense,

punishable by imprisonment in the custody of the Department of

Corrections for not less than twenty (20) years nor more than life

and by a fine not less than Fifty Thousand Dollars ($50,000.00),

which shall be in addition to other punishment provided by law and

shall not be imposed in lieu of other punishment. Any person

convicted of a violation of the provisions of this paragraph shall

be required to serve a minimum of eighty-five percent (85%) of the

sentence received prior to becoming eligible for state correctional

earned credits towards the completion of the sentence or eligible

for parole.

4. Any sentence to the custody of the Department of Corrections

for any violation of paragraph 3 of this subsection shall not be

subject to statutory provisions for suspended sentences, deferred

sentences, or probation. A person convicted of a second or

subsequent violation of the provisions of paragraph 3 of this

subsection shall be punished as a habitual offender pursuant to

Section 51.1 of Title 21 of the Oklahoma Statutes and shall be

required to serve a minimum of eighty-five percent (85%) of the

sentence received prior to becoming eligible for state correctional

earned credits or eligibility for parole.

5. Any person who has been convicted of manufacturing or

attempting to manufacture methamphetamine pursuant to the provisions

of this subsection and who, after such conviction, purchases or

attempts to purchase, receive or otherwise acquire any product,

mixture, or preparation containing any detectable quantity of base

pseudoephedrine or ephedrine shall, upon conviction, be guilty of a

Class B3 felony offense punishable by imprisonment in the custody of

the Department of Corrections for a term in the range of twice the

minimum term provided for in paragraph 2 of this subsection.

H. Any person convicted of any offense described in the Uniform

Controlled Dangerous Substances Act may, in addition to the fine

imposed, be assessed an amount not to exceed ten percent (10%) of

the fine imposed. Such assessment shall be paid into a revolving

fund for enforcement of controlled dangerous substances created

pursuant to Section 2-506 of this title.

Oklahoma Statutes - Title 63. Public Health and Safety Page 986

I. Any person convicted of any offense described in this

section shall, in addition to any fine imposed, pay a special

assessment trauma-care fee of One Hundred Dollars ($100.00) to be

deposited into the Trauma Care Assistance Revolving Fund created in

Section 1-2530.9 of this title.

J. For purposes of this section, “public housing project” means

any dwelling or accommodations operated as a state or federally

subsidized multifamily housing project by any housing authority,

nonprofit corporation or municipal developer or housing projects

created pursuant to the Oklahoma Housing Authorities Act.

K. When a person is found guilty of a violation of the

provisions of this section, the court shall order, in addition to

any other penalty, the defendant to pay a one-hundred-dollar

assessment to be deposited in the Drug Abuse Education and Treatment

Revolving Fund created in Section 2-503.2 of this title, upon

collection.

L. Any person convicted of a second or subsequent felony

violation of the provisions of this section, except for paragraphs 1

and 2 of subsection B of this section, paragraphs 2, 3, 4 and 5 of

subsection C of this section, paragraphs 1, 2, and 3 of subsection E

of this section and paragraphs 1 and 2 of subsection F of this

section, shall be punished as a habitual offender pursuant to

Section 51.1 of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-757.2 — OK Code / Title 63 / Section 63-1-757.2
Definitions
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 453

As used in this act:

1. "Abortion" means the act of using or prescribing any

instrument, medicine, drug or any other substance, device or means

with the intent to terminate the pregnancy of a woman known to be

pregnant, with knowledge that the termination by those means will

with reasonable likelihood cause the death of the unborn child.

Such use, prescription or means is not an abortion if done with the

intent to:

a. save the life or preserve the health of the unborn

child,

b. remove a dead unborn child caused by spontaneous

abortion, accidental trauma or a criminal assault on

the pregnant woman or her unborn child,

c. remove an ectopic pregnancy, or

d. treat a maternal disease or illness for which the

prescribed drug is indicated;

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

substance prescribed or dispensed with the intent of terminating the

pregnancy of a woman known to be pregnant, with knowledge that the

termination will with reasonable likelihood cause the death of the

unborn child. This includes the off-label use of drugs known to

have abortion-inducing properties, which are prescribed specifically

with the intent of causing an abortion, such as mifepristone

(Mifeprex), misoprostol (Cytotec) and methotrexate. This definition

does not apply to drugs that may be known to cause an abortion, but

which are prescribed for other medical indications, such as

chemotherapeutic agents and diagnostic drugs. The use of such drugs

to induce abortion is also known as "medical", "medication", "RU–

486", "chemical", "Mifeprex regimen" or "drug-induced" abortion;

3. "Adverse event", according to the Food and Drug

Administration, means any untoward medical occurrence associated

with the use of a drug in humans, whether or not considered drug-

related. It does not include an adverse event or suspected adverse

reaction that, had it occurred in a more severe form, might have

caused death;

4. "Associated physician" means a person fully licensed and in

good standing to practice medicine in the state including medical

doctors and doctors of osteopathy, who has entered into an

associated physician agreement;

5. "Complication" means any adverse physical or psychological

condition arising from the performance of an abortion which

includes, but is not limited to, uterine perforation, cervical

perforation, infection, heavy or uncontrolled bleeding, hemorrhage,

blood clots resulting in pulmonary embolism or deep vein thrombosis,

failure to actually terminate the pregnancy, incomplete abortion

(retained tissue), pelvic inflammatory disease, endometritis, missed

ectopic pregnancy, cardiac arrest, respiratory arrest, renal

Oklahoma Statutes - Title 63. Public Health and Safety Page 454

failure, metabolic disorder, shock, embolism, coma, placenta previa

in subsequent pregnancies, preterm delivery in subsequent

pregnancies, free fluid in the abdomen, hemolytic reaction due to

the administration of ABO-incompatible blood or blood products,

adverse reactions to anesthesia and other drugs, subsequent

development of breast cancer, psychological complications such as

depression, suicidal ideation, anxiety, sleeping disorders, death

and any other adverse event as defined by the Food and Drug

Administration criteria provided in the Medwatch Reporting System;

6. "Gestational age" means the time that has elapsed since the

first day of the woman's last menstrual period, also known as "last

menstrual period" or "LMP";

7. "Hospital" means an institution providing medical and

surgical treatment and nursing care for sick or injured people, or

institutions defined under Section 1-701 of Title 63 of the Oklahoma

Statutes;

8. "Manufacturers and distributors" means individuals or

entities that create, produce, supply, transport or sell drugs,

which include:

a. any substances recognized by an official pharmacopoeia

or formulary,

b. any substances intended for use in the diagnosis,

cure, mitigation, treatment or prevention of disease,

c. any substances other than food intended to affect the

structure or any function of the body, or

d. any substances intended for use as a component of a

medicine but not a device or a component, part or

accessory of a device;

9. "Obstetrician/gynecologist", also known as OB/GYN, means a

licensed physician who specializes in the care of women during

pregnancy and childbirth and in the diagnosis and treatment of

diseases of the female reproductive organs and specializes in other

women's health issues such as menopause, hormone problems,

contraception or birth control, and infertility;

10. "Physician" means any person fully licensed by and in good

standing with the State Board of Medical Licensure and Supervision

or the State Board of Osteopathic Examiners to practice medicine in

this state. The term includes medical doctors and doctors of

osteopathy;

11. "Pregnant" or "pregnancy" means that female reproductive

condition of having an unborn child in the mother's uterus;

12. "Provide" or "provision" means, when used regarding

abortion-inducing drugs, any act of giving, selling, dispensing,

administering, transferring possession to or otherwise providing or

prescribing an abortion-inducing drug; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 455

13. "Unborn child" means an individual organism of the species

Homo sapiens, beginning at fertilization, until the point of being

born-alive as defined in Title 1 U.S.C., Section 8(b).
Okla. Stat. tit. 63, § 63-684.26 — OK Code / Title 63 / Section 63-684.26
Definitions
Status: in_force

As used in the Uniform Emergency Volunteer Health Practitioners

Act:

1. "Disaster relief organization" means an entity that provides

emergency or disaster relief services that include health or

veterinary services provided by volunteer health practitioners and

that:

a. is designated or recognized as a provider of those

services pursuant to a disaster response and recovery

plan adopted by an agency of the federal government or

the State Department of Health, and

b. regularly plans and conducts its activities in

coordination with an agency of the federal government

or the State Department of Health;

2. "Emergency" means an event or condition that is an emergency

pursuant to the Oklahoma Emergency Management Act of 2003 or the

Catastrophic Health Emergency Powers Act;

3. "Emergency declaration" means a declaration of emergency

issued by a person authorized to do so under the laws of this state

pursuant to the Oklahoma Emergency Management Act of 2003 or the

Catastrophic Health Emergency Powers Act;

4. "Emergency Management Assistance Compact" means the

interstate compact approved by Congress by Public Law No. 104-

321,110 Stat. 3877;

5. "Entity" means a person other than an individual;

6. "Health facility" means an entity licensed under the laws of

this or another state to provide health or veterinary services;

7. "Health practitioner" means an individual licensed under the

laws of this or another state to provide health or veterinary

services;

8. "Health services" means the provision of treatment, care,

advice or guidance, or other services, or supplies, related to the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1249

health or death of individuals or human populations, to the extent

necessary to respond to an emergency, including:

a. the following, concerning the physical or mental

condition or functional status of an individual or

affecting the structure or function of the body:

(1) preventive, diagnostic, therapeutic,

rehabilitative, maintenance, or palliative care,

and

(2) counseling, assessment, procedures, or other

services,

b. sale or dispensing of a drug, a device, equipment, or

another item to an individual in accordance with a

prescription, and

c. funeral, cremation, cemetery, or other mortuary

services;

9. "Host entity" means an entity operating in this state which

uses volunteer health practitioners to respond to an emergency;

10. "License" means authorization by a state to engage in

health or veterinary services that are unlawful without the

authorization and includes authorization under the laws of this

state to an individual to provide health or veterinary services

based upon a national certification issued by a public or private

entity;

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

trust, partnership, limited liability company, association, joint

venture, public corporation, government or governmental subdivision,

agency, or instrumentality, or any other legal or commercial entity;

12. "Scope of practice" means the extent of the authorization

to provide health or veterinary services granted to a health

practitioner by a license issued to the practitioner in the state in

which the principal part of the practitioner's services are

rendered, including any conditions imposed by the licensing

authority;

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

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

territory or insular possession subject to the jurisdiction of the

United States;

14. "Veterinary services" means the provision of treatment,

care, advice or guidance, or other services, or supplies, related to

the health or death of an animal or to animal populations, to the

extent necessary to respond to an emergency, including, but not

limited to:

a. diagnosis, treatment, or prevention of an animal

disease, injury, or other physical or mental condition

by the prescription, administration, or dispensing of

vaccine, medicine, surgery, or therapy,

b. use of a procedure for reproductive management, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1250

c. monitoring and treatment of animal populations for

diseases that have spread or demonstrate the potential

to spread to humans; and

15. "Volunteer health practitioner" means a health practitioner

who provides health or veterinary services, whether or not the

practitioner receives compensation for those services and does not

include a practitioner who receives compensation pursuant to a

preexisting employment relationship with a host entity or affiliate

which requires the practitioner to provide health services in this

state, unless the practitioner is not a resident of this state and

is employed by a disaster relief organization providing services in

this state while an emergency declaration is in effect.
Okla. Stat. tit. 63, § 63-1-1001.3 — OK Code / Title 63 / Section 63-1-1001.3
Definitions
Status: in_force

As used in the Oklahoma Bedding Regulation Act:

1. "Bedding" means any mattress, upholstered spring, sleeping

bag, pad, comforter, cushion, pillow and any other item used

principally for sleeping. The term "bedding" also includes dual

purpose furniture such as studio couches, futons and sofa beds;

Oklahoma Statutes - Title 63. Public Health and Safety Page 560

2. "Mattress" includes padding or cushioning material which is

used in conjunction with water bed liners, bladders or cylinders,

but does not include water bed liners, bladders or cylinders;

3. "Itinerant vendor" means a person who sells bedding from a

movable conveyance;

4. "Manufacture" means the making of bedding out of new or

recycled materials;

5. "New material" means any material or article that has not

been used for any other purpose;

6. "Previously used material" means any material which

previously has been used for any purpose other than for the

manufacture of bedding;

7. "Recycled material" means materials which have previously

been used for purposes other than as a component of bedding or

bedding materials, and which can be used, after processing, for

bedding materials. Such processing shall result in a sanitary

material which can be used safely as a bedding material without the

germicidal treatment used for secondhand materials. Properly

recycled materials shall be considered new materials;

8. "Renovate" means the reworking or remaking of used bedding

or the making of bedding from previously used materials;

9. "Sanitize" means germicidal treatment of secondhand bedding

or previously used materials to be used in renovating for the

destruction of pathogenic microorganisms and arthropods and the

removal of dirt and filth;

10. "Secondhand bedding" means any bedding of which prior use

has been made as bedding;

11. "Sell" or "sold" means to sell, offer to sell, give away in

connection with a sale, a sale's promotion or sale by consignment;

or possess with intent to sell, deliver or consign in sale; and

12. "Commissioner" means the Commissioner of Health.
Okla. Stat. tit. 63, § 63-1-229.6 — OK Code / Title 63 / Section 63-1-229.6
Review and approval of Invitations To Bid –
Status: in_force

Considerations in developing State Plan and reviewing

intergovernmental contracts.

A. The State Department of Health shall review Invitations To

Bid and applications for contracts and evaluate the progress and

outcomes of tobacco use prevention and cessation programs. The

Department shall make final approval for the issuance of Invitations

To Bid for contracts for tobacco use prevention and cessation

programs.

B. An applicant or a bidder that requests funding to initiate,

continue or expand a tobacco use prevention or cessation program

shall demonstrate, by means of application, letters of

recommendation, and such other means as the Department may

designate, that the proposed tobacco use prevention or cessation

program for which it seeks funds meets the criteria set forth in the

State Plan. Previous contractors shall include recent evaluations

of their programs with their bids or applications. The Department

may not award a contract unless it makes a specific finding, as to

each applicant or bidder, that the program proposed to be funded

meets the criteria set forth in the State Plan.

Oklahoma Statutes - Title 63. Public Health and Safety Page 130

C. In developing the State Plan and approving Invitations To

Bid and reviewing intergovernmental contracts the Department shall

consider:

1. In the case of applications or Invitations To Bid to fund

media campaigns directed to youth to prevent underage tobacco use,

whether the campaign provides for sound management and periodic

evaluation of the campaign's relevance to the intended audience,

including audience awareness of the campaign and recollection of the

main message;

2. In the case of applications or Invitations To Bid to fund

school-based education programs to prevent youth tobacco use,

whether there is credible evidence that the program is effective in

reducing youth tobacco use;

3. In the case of applications or Invitations To Bid to fund

community-based youth programs involving youth tobacco use

prevention through general youth development, whether the program:

a. has a comprehensive strategy with a clear mission and

goals,

b. has professional leadership,

c. offers a diverse array of youth-centered activities in

youth-accessible facilities,

d. is culturally sensitive, inclusive and diverse,

e. involves youth in the planning, delivery, and

evaluation of services that affect them, and

f. offers a positive focus including all youth;

4. In the case of applications or Invitations To Bid to fund

enforcement and administration of the Prevention of Youth Access to

Tobacco Act and related retailer education and compliance efforts,

whether such activities and efforts can reasonably be expected to

reduce the extent to which tobacco products are available to

individuals under eighteen (18) years of age;

5. In the case of applications or Invitations To Bid to fund

youth cessation, whether there is credible evidence that the program

is effective in long-term tobacco use cessation; and

6. In the case of applications or Invitations To Bid to fund

adult programs, whether there is credible evidence that the program

is effective in decreasing tobacco use.

D. State and local government departments and agencies shall be

eligible for contracts provided pursuant to this act.