Okla. Stat. tit. 63, § 63-2556 — OK Code / Title 63 / Section 63-2556
Persons other than law enforcement officers or medical
Status: in_force

practitioners.

A. A person, other than a law enforcement officer or medical

practitioner, who finds and undertakes to help a disabled person

may:

1. Make a reasonable search for an identifying device; and

2. If the identifying device is found may make a reasonable

search for an identification card of the type described in

subsection B, Section 3 of this act.

B. A cause of action does not arise from a reasonable search to

locate an identifying device or identification card as authorized by

subsection A of this section.
Okla. Stat. tit. 63, § 63-2200.3A — OK Code / Title 63 / Section 63-2200.3A
Applicability
Status: in_force

This act applies to an anatomical gift or amendment to,

revocation of, or refusal to make an anatomical gift, whenever made.
Okla. Stat. tit. 63, § 63-1-2300 — OK Code / Title 63 / Section 63-1-2300
Renumbered as § 2-10-101 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-3091.3 — OK Code / Title 63 / Section 63-3091.3
Manufacturers' rights – Insurance coverage – Liability
Status: in_force

of patients' heirs.

A. A manufacturer of an investigational drug, biological

product or device may make available the manufacturer's

investigational drug, biological product or device to eligible

Oklahoma Statutes - Title 63. Public Health and Safety Page 1457

patients pursuant to the Right to Try Act. An investigational drug,

biological product or device may be made available through a

pharmacy. This act does not require that a manufacturer make

available an investigational drug, biological product or device to

an eligible patient.

B. A manufacturer may:

1. Provide an investigational drug, biological product or

device to an eligible patient without receiving compensation; or

2. Require an eligible patient to pay the costs of, or the

costs associated with, the manufacture of the investigational drug,

biological product or device.

C. A health insurance carrier may, but is not required to,

provide coverage for the cost of an investigational drug, biological

product or device.

D. An insurer may deny coverage to an eligible patient from the

time the eligible patient begins use of the investigational drug,

biological product or device through a period not to exceed six (6)

months from the time the investigational drug, biological product or

device is no longer used by the eligible patient; provided, that

coverage may not be denied for a preexisting condition and for

coverage for benefits which commenced prior to the time the eligible

patient begins use of such drug, biological product or device.

E. If a patient dies while being treated by an investigational

drug, biological product or device, the patient's heirs are not

liable for any outstanding debt related to the treatment or lack of

insurance due to the treatment.
Okla. Stat. tit. 63, § 63-3001.2 — OK Code / Title 63 / Section 63-3001.2
Renumbered as § 2-11-503 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-485.1 — OK Code / Title 63 / Section 63-485.1
Purpose of act
Status: in_force

The purpose of Sections 485.1 through 485.8 of this title shall

be to provide a specialized hospital, which shall be named the J.D.

McCarty Center for Children with Developmental Disabilities, for the

care, maintenance, training, treatment, and general mental and

physical rehabilitation of the residents of the state, and when

space permits nonresidents, who may be afflicted with cerebral palsy

or other developmental disabilities, provided that such specialized

hospital shall be able to refuse admission to those patients who

after competent examination are determined to be unable to benefit

Oklahoma Statutes - Title 63. Public Health and Safety Page 1211

from such training, treatment, and general mental and physical

rehabilitation, and provided that such specialized hospital shall be

able to discharge and return any child to its parent or guardian if

it is determined after admission that such training, treatment, and

general mental and physical rehabilitation is not aiding the child.

Educational services that may be required during an inpatient stay

shall be arranged through and provided by the appropriate local

education area (LEA). The term "cerebral palsy" as used in this

title shall include all types of cerebral palsy.
Okla. Stat. tit. 63, § 63-3111.12 — OK Code / Title 63 / Section 63-3111.12
Petition for equitable relief
Status: in_force

On petition of a patient, the patient's agent, or a health care

provider or facility involved with the patient's care, the court may

enjoin or direct a health care decision or order other equitable

relief. A proceeding under this section shall be governed by Title

12 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-2440 — OK Code / Title 63 / Section 63-1-2440
Renumbered as § 2-11-101 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 816
Okla. Stat. tit. 63, § 63-1-858 — OK Code / Title 63 / Section 63-1-858
Penalties
Status: in_force

A. Any person who offers or develops or begins to offer or

develop a long-term care facility without having first obtained a

certificate of need, as provided by the Long-term Care Certificate

of Need Act, shall be deemed guilty of a misdemeanor, and upon

conviction shall be punishable by payment of a fine of not less than

One Thousand Dollars ($1,000.00) and not more than Five Thousand

Dollars ($5,000.00).

Oklahoma Statutes - Title 63. Public Health and Safety Page 507

B. If the State Department of Health, through one of its agents

or representatives, notifies in writing, through certified mail,

return receipt requested, the person who has unlawfully commenced

the offering or development of a long-term care facility to cease

and desist, then each day that such person continues such offering

or development shall be a separate offense. If any person continues

to offer or develop an institutional health service after the

issuance of a cease and desist order, the Department shall seek an

injunction to prohibit the continued offering or development.
Okla. Stat. tit. 63, § 63-2411 — OK Code / Title 63 / Section 63-2411
Administrative proceedings - Appointment of interpreter
Status: in_force

In any proceeding before any department, board, commission,

agency or licensing authority of the state, in any political

subdivision or municipality, wherein any deaf or hard-of-hearing

person is a defendant, applicant, spectator as required by subtitle

A of Title II of the Americans with Disabilities Act, Pub. L. 101-

336, complainant, principal witness or party, such department,

board, commission, agency, licensing authority, political

subdivision or municipality shall appoint a qualified legal

interpreter upon request of the deaf or hard-of-hearing individual.

The individual who is deaf or hard-of-hearing shall determine which

type of qualified legal interpreter best fits the needs of the

individual. It shall be the duty of the appointing authority to

inform the deaf or hard-of-hearing person of the rights of that

person to the services of an interpreter.
Okla. Stat. tit. 63, § 63-695.8 — OK Code / Title 63 / Section 63-695.8
Compensation and death benefits
Status: in_force

Each jurisdiction shall provide for the payment of compensation

and death benefits to injured members of the emergency forces of

that jurisdiction and representatives of deceased members of such

forces who sustain injuries or are killed while rendering aid

pursuant to the Oklahoma Intrastate Mutual Aid Compact, in the same

Oklahoma Statutes - Title 63. Public Health and Safety Page 1278

manner and on the same terms as if the injury or death were

sustained within its own jurisdiction.
Okla. Stat. tit. 63, § 63-1-534 — OK Code / Title 63 / Section 63-1-534
Tests
Status: in_force

The State Board of Health shall make such rules and regulations

pertaining to such tests as accepted medical practice shall

indicate, and is authorized to make such testing mandatory if

sufficient evidence exists that the public has been negligent in

accepting such practice and if the Board considers it in the public

interest to do so. The State Board of Health is hereby authorized

to set up laboratory facilities and use existing facilities for the

performance of examinations and tests for the detection of these

diseases and make a reasonable charge therefor; provided, however,

that no child shall be denied such laboratory work or tests because

of the inability of its parents or guardian to pay therefor.

Provided, further, that the State Board of Health may approve other

laboratories for the performance of such tests; provided that the

provisions of this section shall not apply to any infant whose

parents object thereto on the grounds that such examination

conflicts with their religious tenets and practices.
Okla. Stat. tit. 63, § 63-2258.3 — OK Code / Title 63 / Section 63-2258.3
Renumbered as § 1-2416 of Title 63 by Laws 1990, c
Status: in_force

210, § 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff.

Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-1-222.1 — OK Code / Title 63 / Section 63-1-222.1
Governing boards - Membership - Tenure
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 115

A. Every county or combination of counties desirous of

establishing a mental health center and/or facilities for

individuals with intellectual disabilities shall establish a

community mental health board and/or intellectual disability

governing board each of which shall be composed of not less than

seven (7) members. The members of such governing boards shall be

appointed by the board of county commissioners of the county. The

term of office of members of the governing board shall be three (3)

years, except that of the members first appointed the term of three

members shall be for one (1) year, and the term of two members shall

be for two (2) years. All members shall serve without pay.

B. When any combination of counties desires to establish a

mental health center and/or facilities for individuals with

intellectual disabilities, the chair of the board of county

commissioners of each participating county shall appoint two (2)

members of a selection committee, which committee shall select the

governing board.
Okla. Stat. tit. 63, § 63-1-270 — OK Code / Title 63 / Section 63-1-270
Plan for statewide coordinated system of care for
Status: in_force

stroke.

A. As funding permits, the State Department of Health shall

foster and coordinate implementation of a plan for a statewide

coordinated system of care for stroke, which shall include special

focus and attention on evidence-based treatment for stroke. Such

system shall include, but shall not be limited to:

1. Recommendations from the Oklahoma Hospital Advisory Council

and medical experts in stroke care;

2. Collaboration and partnerships with relevant professional

organizations and associations advocating for evidence-based

treatment for stroke patients;

Oklahoma Statutes - Title 63. Public Health and Safety Page 166

3. Measures to raise awareness and promote preventative medical

care regarding risk factors for stroke;

4. Utilization of state-recognized stroke hospital

classifications; and

5. Protocols for evidence-based pre-hospital and interfacility

assessment, treatment, and transport of stroke patients by emergency

medical responders and agencies licensed pursuant to the Oklahoma

Emergency Response Systems Development Act.

B. The State Board of Health may promulgate rules as necessary

to implement the provisions of this section.
Okla. Stat. tit. 63, § 63-2-307 — OK Code / Title 63 / Section 63-2-307
Records of registrants
Status: in_force

Persons registered to manufacture, distribute, or dispense

controlled dangerous substances under this act shall keep records

and maintain inventories in conformance with the record-keeping and

inventory requirements of federal law and with the additional rules

the Director issues. Any person who violates the provisions of this

section shall, upon conviction, be guilty of a Class D3 felony

offense and shall be punished by imprisonment as provided for in

subsections B through F of Section 20P of Title 21 of the Oklahoma

Statutes.
Okla. Stat. tit. 63, § 63-1-1818 — OK Code / Title 63 / Section 63-1-1818
Renumbered as § 2-5-117 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-5053.3 — OK Code / Title 63 / Section 63-5053.3
Actions brought by individuals - Participation by state
Status: in_force

- Procedure.

A. If the state proceeds with the action pursuant to Section

5053.2 of this title, it shall have the primary responsibility for

prosecuting the action, and shall not be bound by an act of the

person bringing the action. Such person shall have the right to

continue as a party to the action, subject to the limitations set

forth in this subsection.

1. The state may dismiss the action notwithstanding the

objections of the person initiating the action if the person has

been notified by the state of the filing of the motion and the court

has provided the person with an opportunity for a hearing on the

motion.

2. The state may settle the action with the defendant

notwithstanding the objections of the person initiating the action

if the court determines, after a hearing, that the proposed

settlement is fair, adequate, and reasonable under all the

circumstances. Upon a showing of good cause, the hearing may be

held in camera.

3. Upon a showing by the state that unrestricted participation

during the course of the litigation by the person initiating the

action would interfere with or unduly delay the state's prosecution

of the case, or would be repetitious, irrelevant, or for purposes of

harassment, the court may, in its discretion, impose limitations on

the participation of the person, such as:

a. limiting the number of witnesses the person may call,

b. limiting the length of the testimony of the witnesses,

c. limiting the person's cross-examination of witnesses,

or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1754

d. otherwise limiting the participation by the person in

the litigation.

4. Upon a showing by the defendant that unrestricted

participation during the course of the litigation by the person

initiating the action would be for purposes of harassment or would

cause the defendant undue burden or unnecessary expense, the court

may limit the participation by the person in the litigation.

B. If the state elects not to proceed with the action, the

person who initiated the action shall have the right to conduct the

action. If the state so requests, it shall be served with copies of

all pleadings filed in the action and shall be supplied with copies

of all deposition transcripts at the expense of the state. When a

person proceeds with the action, the court, without limiting the

status and rights of the person initiating the action, may

nevertheless permit the state to intervene at a later date upon a

showing of good cause.

C. Whether or not the state proceeds with the action, upon a

showing by the state that certain actions of discovery by the person

initiating the action would interfere with the state's investigation

or prosecution of a criminal or civil matter arising out of the same

facts, the court may stay the discovery for a period of not more

than sixty (60) days. Such a showing shall be conducted in camera.

The court may extend the sixty-day period upon a further showing in

camera that the state has pursued the criminal or civil

investigation or proceedings with reasonable diligence and any

proposed discovery in the civil action will interfere with the

ongoing criminal or civil investigation or proceedings.

D. Notwithstanding subsection B of Section 5053.2 of this

title, the state may elect to pursue its claim through any alternate

remedy available to the state, including any administrative

proceeding to determine a civil money penalty. If any alternate

remedy is pursued in another proceeding, the person initiating the

action shall have the same rights in the proceeding as the person

would have had if the action had continued under this section. Any

finding of fact or conclusion of law made in the other proceeding

that has become final shall be conclusive on all parties to an

action under this section. For purposes of this subsection, a

finding or conclusion is final if it has been finally determined on

appeal to the appropriate court of the State of Oklahoma, if all

time for filing the appeal with respect to the finding or conclusion

has expired, or if the finding or conclusion is not subject to

judicial review.
Okla. Stat. tit. 63, § 63-2-503.1d — OK Code / Title 63 / Section 63-2-503.1d
Certain sales or transfers of money transmitter
Status: in_force

equipment prohibited - Allowing access to equipment - Penalty.

A. No person shall sell, give, transfer, trade, supply, or

provide any money transmitter equipment, as defined by the Oklahoma

Oklahoma Statutes - Title 63. Public Health and Safety Page 1022

Financial Transaction Reporting Act, to any person not licensed by

the Oklahoma State Banking Commissioner. Any person violating the

provisions of this section shall be guilty upon conviction of a

misdemeanor, for a first offense, and a Class D1 felony offense for

any second or subsequent offense. The misdemeanor penalty shall be

a fine not exceeding Three Thousand Dollars ($3,000.00), or

imprisonment in the county jail not to exceed one (1) year, or both

such fine and imprisonment. The Class D1 felony penalty shall be

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or a fine not exceeding

Five Thousand Dollars ($5,000.00), or both such fine and

imprisonment.

B. Any person who encourages, facilitates, or allows access to

any money transmitter equipment in any manner to facilitate any

violation of Section 2-503.1 of this title shall be guilty of a

Class C2 felony offense, upon conviction, punishable as provided for

in subsections B through F of Section 20M of Title 21 of the

Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-827 — OK Code / Title 63 / Section 63-1-827
Effective date of nonrenewal, suspension or revocation
Status: in_force

of license - Hearing - New application - New license.

A. If a hearing is not requested, the effective date of the

nonrenewal, suspension, or revocation shall be as follows:

1. In cases of nonrenewal of a license the effective date shall

be the expiration date of the license. The date may be extended no

longer than necessary to permit the orderly removal of the

residents; or

2. In cases of revocation or suspension of the license the

effective date shall be the date set by the State Department of

Health in the notice of revocation. The date shall be no later than

necessary to permit the orderly removal of the residents.

B. If a hearing is requested, unless otherwise ordered by a

district court, the effective date of the nonrenewal, suspension, or

revocation of a license shall be set upon final action after the

hearing and shall be no later than necessary to permit the orderly

removal of the residents.

Oklahoma Statutes - Title 63. Public Health and Safety Page 479

C. A new application of the applicant or licensee whose license

was not renewed, suspended, or revoked may be considered after

ninety (90) days upon receipt of satisfactory evidence that the

conditions upon which such nonrenewal, suspension, or revocation was

based have been corrected. A new license may be granted after a

full and complete inspection or investigation and the applicant or

licensee and the home are in substantial compliance with the

provisions of the Residential Care Act and the rules promulgated

thereto by the State Board of Health.
Okla. Stat. tit. 63, § 63-4041 — OK Code / Title 63 / Section 63-4041
Violations - Denial, revocation or suspension of license
Status: in_force

- Fine.

Service Oklahoma may deny an application for a license, or

revoke or suspend a license or impose a fine not to exceed Five

Hundred Dollars ($500.00) against a dealer for each day that any

provision of this section or Sections 4033 through 4040 of this

title is violated or for any of the following reasons:

1. On satisfactory proof of unfitness of the applicant in any

application for any license pursuant to the provisions of the

Oklahoma Vessel and Motor Registration Act;

2. For any material misstatement made by an applicant in any

application for any license pursuant to the provisions of the

Oklahoma Vessel and Motor Registration Act;

3. For any failure to comply with any provision of the Oklahoma

Vessel and Motor Registration Act or any rule promulgated by Service

Oklahoma under authority vested in it by the Oklahoma Vessel and

Motor Registration Act, Section 4002 et seq. of this title;

4. A change of condition after license is granted resulting in

failure to maintain the qualifications for license;

5. Being a dealer who:

a. has required a purchaser of a new vessel or motor, as

a condition of sale and delivery thereof, to also

purchase special features, appliances, accessories or

equipment not desired or requested by the purchaser

and installed by the dealer,

b. uses any false or misleading advertising in connection

with his business as such a dealer,

c. has committed any unlawful act which resulted in the

revocation of any similar license in another state,

d. has failed or refused to perform any written agreement

with any retail buyer involving the sale of a vessel

or motor,

e. has been convicted of a crime involving moral

turpitude,

f. has committed a fraudulent act in selling, purchasing,

or otherwise dealing in vessels or motors or has

misrepresented the terms and conditions of a sale,

purchase, or contract for sale or purchase of a vessel

or motor or any interest therein including an option

to purchase such vessel or motor, or

g. has failed to meet or maintain the conditions and

requirements necessary to qualify for the issuance of

a license;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1648

6. Being a dealer who does not have an established place of

business;

7. Being a new vessel or new motor dealer who:

a. does not provide for a suitable repair shop separate

from the display room with ample space to repair or

recondition one or more vessels or motors at the same

time, and which is equipped with such parts, tools and

equipment as may be requisite for the servicing of

vessels or motors in such a manner as to make them

comply with the safety laws of this state and to

properly fulfill the dealer's or manufacturer's

warranty obligation. Provided that the provisions of

this subparagraph shall not apply to:

(1) mercantile establishments engaged in the selling

of vessels and motors if:

(a) such vessel and motor business does not

constitute more than ten percent (10%) of

the business of such establishment,

(b) the vessels sold at such establishment are

under fourteen (14) feet in length, and

(c) the outboard motors sold at such

establishment are under ten (10) horsepower,

or

(2) dealers which are engaged solely in the business

of selling canoes. For the purposes of this

subsection, "canoe" shall mean a vessel that is

long relative to its width, that has curved sides

and is tapered to two (2) pointed ends, or is

tapered to one (1) pointed end and blunt on the

other end, and is generally of traditional shape,

b. does not hold a dealer agreement in effect with a

manufacturer or distributor of new vessels or motors

for the sale of the same and is not authorized by the

manufacturer or distributor to render predelivery

preparation of such vessels or motors sold to

purchasers and to perform any authorized post-sale

work pursuant to the manufacturer's or distributor's

warranty, or

c. does not properly service a new vessel or motor before

delivery of same to the original purchaser thereof.
Okla. Stat. tit. 63, § 63-2-503.2 — OK Code / Title 63 / Section 63-2-503.2
Assessment for violation of acts - Drug Abuse
Status: in_force

Education and Treatment Revolving Fund.

A. 1. Every person convicted of a violation of the Uniform

Controlled Dangerous Substances Act or the Trafficking In Illegal

Drugs Act shall be assessed for each offense a sum of not less than

One Hundred Dollars ($100.00) nor more than Three Thousand Dollars

($3,000.00).

2. The assessment shall be mandatory and in addition to and not

in lieu of any fines, restitution costs, other assessments, or

forfeitures authorized or required by law for the offense. The

Oklahoma Statutes - Title 63. Public Health and Safety Page 1028

assessment required by this section shall not be subject to any

order of suspension. The court shall order either a lump sum

payment or establish a payment schedule.

3. Failure of the offender to comply with the payment schedule

shall be considered contempt of court.

4. For purposes of collection, the assessment order shall not

expire until paid in full, nor shall the assessment order be limited

by the term of imprisonment prescribed by law for the offense, nor

by any term of imprisonment imposed against the offender, whether

suspended or actually served.

B. The assessment provided for in subsection A of this section

shall be collected by the court clerk as provided for collection of

fines and costs. When assessment payments are collected by the

court clerk pursuant to court order, the funds shall be forwarded to

the Department of Mental Health and Substance Abuse Services for

deposit into its Drug Abuse Education and Treatment Revolving Fund

created by this section.

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

revolving fund for the Department of Mental Health and Substance

Abuse Services to be designated the "Drug Abuse Education and

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

subject to fiscal year limitations, and shall consist of assessments

collected pursuant to this section, court-ordered assessments

collected pursuant to Section 11-902 of Title 47 of the Oklahoma

Statutes and Section 2-401 of this title, the Oklahoma Drug Court

Act, Section 2-2-509 of Title 10A of the Oklahoma Statutes, grants,

gifts and other money accruing to the benefit of the fund and the

Oklahoma Drug Court Act.

2. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Department of

Mental Health and Substance Abuse Services for treatment and drug

testing of indigent substance abusing offenders pursuant to the

Oklahoma Drug Court Act, Section 2-2-205 of Title 10A of the

Oklahoma Statutes, and Sections 2-2-506 through 2-2-509 of Title 10A

of the Oklahoma Statutes, for substance abuse prevention, drug

courts, and continuing education.

3. Expenditures from said fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.

4. Monies expended from this fund shall not supplant other

local, state, or federal funds.
Okla. Stat. tit. 63, § 63-131 — OK Code / Title 63 / Section 63-131
Gasoline kept in red tanks
Status: in_force

All grocers, druggists, and all other vendors of gasoline in

quantities of one hundred fifty (150) gallons and less are hereby

required to put all gasoline by them hereafter kept for sale, or

sold, in a red can, tank, barrel or other receptacle, which

receptacle shall be labeled "Gasoline," and vendors of kerosene in

quantities of two hundred fifty gallons or less shall not put

kerosene in any can, tank, barrel or other receptacle painted red:

Provided, that all dealers shall be required to keep for use and

shall place all gasoline by them sold in red cans or other

receptacles.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1079
Okla. Stat. tit. 63, § 63-1-860.4 — OK Code / Title 63 / Section 63-1-860.4
Requirements and conditions for hospices - Hospice
Status: in_force

teams - Records - Governing body - Administrators.

A. A hospice shall comply with the following:

1. A hospice shall coordinate its services with those of the

patient's primary or attending physician;

2. A hospice shall coordinate its services with professional

and nonprofessional services already in the community. A hospice

may contract for some elements of its services to a patient and

Oklahoma Statutes - Title 63. Public Health and Safety Page 510

family, provided direct patient care is maintained with the patient

and the hospice team so that overall coordination of services can be

maintained by the hospice team. The majority of hospice services

available through a hospice shall be provided directly by the

licensee. Any contract entered into between a hospice and health

care provider shall specify that the hospice retain the

responsibility for planning, coordinating and prescribing hospice

services on behalf of a hospice patient and the hospice patient's

family. No hospice may charge fees for services provided directly

by the hospice team which duplicate contractual services provided to

the patient or the patient's family;

3. The hospice team shall be responsible for coordination and

continuity between inpatient and home care aspects of care;

4. A hospice shall not contract with a health care provider or

another hospice that has or has been given a conditional license

within the last eighteen (18) months;

5. Hospice services shall provide a symptom control process, to

be provided by a hospice team skilled in physical and psychosocial

management of distressing signs and symptoms;

6. Hospice care shall be available twenty-four (24) hours a

day, seven (7) days a week;

7. A hospice shall have a bereavement program which shall

provide a continuum of supportive and therapeutic services for the

family;

8. The unit of care in a hospice program shall be composed of

the patient and family;

9. A hospice program shall provide a continuum of care and a

continuity of care providers throughout the length of care for the

patient and to the family through the bereavement period;

10. A hospice program shall not impose the dictates of any

value or belief system on its patients and their families;

11. a. Admission to a hospice shall be upon the order of a

physician licensed pursuant to the laws of this state

and shall be dependent on the expressed request and

informed consent of the patient and family.

b. The hospice program shall have admission criteria and

procedures that reflect:

(1) the patient and family's desire and need for

service,

(2) the participation of the attending physician, and

(3) the diagnosis and prognosis of the patient.

c. (1) Any hospice or employee or agent thereof who

knowingly or intentionally solicits patients or

pays to or offers a benefit to any person, firm,

association, partnership, corporation or other

legal entity for securing or soliciting patients

for the hospice or hospice services in this

Oklahoma Statutes - Title 63. Public Health and Safety Page 511

state, upon conviction thereof, shall be guilty

of a misdemeanor and shall be punished by a fine

of not less than Five Hundred Dollars ($500.00)

and not more than Two Thousand Dollars

($2,000.00).

(2) In addition to any other penalties or remedies

provided by law:

(a) a violation of this section by a hospice or

employee or agent thereof shall be grounds

for disciplinary action by the State

Department of Health, and

(b) the State Department of Health may institute

an action to enjoin violation or potential

violation of this section. The action for

an injunction shall be in addition to any

other action, proceeding or remedy

authorized by law.

(3) This subparagraph shall not be construed to

prohibit:

(a) advertising, except that advertising which:

(i) is false, misleading or deceptive,

(ii) advertises professional superiority or

the performance of a professional

service in a superior manner, and

(iii) is not readily subject to verification,

and

(b) remuneration for advertising, marketing or

other services that are provided for the

purpose of securing or soliciting patients,

provided the remuneration is:

(i) set in advance,

(ii) consistent with the fair market value

of the services, and

(iii) not based on the volume or value of any

patient referrals or business otherwise

generated between the parties, and

(c) any payment, business arrangements or

payments practice not prohibited by 42

U.S.C., Section 1320a-7b(b), or any

regulations promulgated pursuant thereto.

(4) This paragraph shall not apply to licensed

insurers, including but not limited to group

hospital service corporations or health

maintenance organizations which reimburse,

provide, offer to provide or administer hospice

services under a health benefits plan for which

Oklahoma Statutes - Title 63. Public Health and Safety Page 512

it is the payor when it is providing those

services under a health benefits plan;

12. A hospice program shall develop and maintain a quality

assurance program that includes:

a. evaluation of services,

b. regular chart audits, and

c. organizational review; and

13. A hospice program shall be managed by an administrator

meeting the requirements as set forth in Section 1-862 of this

title.

B. A hospice team shall consist of, as a minimum, a physician,

a registered nurse, and a social worker or counselor, each of whom

shall be licensed as required by the laws of this state. The team

may also include clergy and such volunteers as are necessary to

provide hospice services. A registered nurse licensed pursuant to

the laws of this state shall be employed by the hospice as a patient

care coordinator to supervise and coordinate the palliative and

supportive care for patients and families provided by a hospice

team. Nothing in this section shall be construed as to require a

hospice to employ a certified home health aide in the provision of

hospice services so long as the hospice employs a certified nurse

aide.

C. 1. An up-to-date record of the services given to the

patient and family shall be kept by the hospice team. Records shall

contain pertinent past and current medical, nursing, social, and

such other information that is necessary for the safe and adequate

care of the patient and the family. Notations regarding all aspects

of care for the patient and family shall be made in the record.

When services are terminated, the record shall show the date and

reason for termination.

2. Information received by persons employed by or providing

services to a hospice, or information received by the State

Department of Health through reports or inspection shall be deemed

privileged and confidential information and shall not be disclosed

to any person other than the patient or the family without the

written consent of that patient, the patient's guardian or the

patient's family.

D. 1. A hospice program shall have a clearly defined and

organized governing body, which has autonomous authority for the

conduct of the hospice program.

2. The hospice program shall have an administrator who shall be

responsible for the overall coordination and administration of the

hospice program.
Okla. Stat. tit. 63, § 63-1-738j — OK Code / Title 63 / Section 63-1-738j
Individual Abortion Form - Submission of abortion
Status: in_force

statistics.

A. As used in the Statistical Abortion Reporting Act:

1. "Abortion" means the term as defined in Section 1-730 of

Title 63 of the Oklahoma Statutes;

2. "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, bleeding, hemorrhage, blood clots, failure

to actually terminate the pregnancy, incomplete abortion (retained

tissue), pelvic inflammatory disease, endometritis, missed ectopic

pregnancy, cardiac arrest, respiratory arrest, renal failure,

metabolic disorder, shock, embolism, coma, placenta previa, preterm

delivery in subsequent pregnancies, free fluid in abdomen, adverse

reaction to anesthesia and other drugs, and mental and psychological

complications such as depression, anxiety, sleeping disorders,

psychiatric hospitalization, and emotional problems; and

3. "Stable Internet website" means a website that, to the

extent reasonably practicable, is safeguarded from having its

content altered other than by the State Department of Health.

B. By March 1, 2012, the State Department of Health shall make

available, on its stable Internet website, an Individual Abortion

Form as required by Section 3 of this act, and a form for a

Oklahoma Statutes - Title 63. Public Health and Safety Page 343

Complications of Induced Abortion Report as required by Section 4 of

this act.

C. As required by Section 5 of this act, information from a

completed Individual Abortion Form or a completed Complications of

Induced Abortion Report shall be combined with information from all

other such completed forms and reports submitted for the year. An

Annual Abortion Report providing statistics for the previous

calendar year compiled from all of that year's completed forms and

reports submitted in accordance with the Statistical Abortion

Reporting Act shall be published annually by the Department on its

stable Internet website.

D. No Individual Abortion Forms or Complications of Induced

Abortion Reports that have been completed and submitted to the

Department by any physician pursuant to subsection B of Section 3 of

this act or subsection C of Section 4 of this act shall be posted

online.

E. By March 1, 2012, the State Department of Health shall, on

its stable Internet website, provide the language of all Oklahoma

Statutes and regulations directly relating to abortion, and shall

promptly update its website to reflect subsequent statutory and

regulatory changes. The Department shall also, by March 1, 2012,

provide, on its stable Internet website, the means by which

physicians may electronically submit the reports required by the

Statistical Abortion Reporting Act. The Department shall include

instructions on its stable Internet website regarding electronic

submission. The Department shall take all necessary precautions to

ensure the security of the electronically submitted reports so that

the submitted data is able to be accessed only by specially

authorized departmental personnel during and following the process

of transmission.
Okla. Stat. tit. 63, § 63-1-1811 — OK Code / Title 63 / Section 63-1-1811
Renumbered as § 2-5-110 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1710 — OK Code / Title 63 / Section 63-1-1710
Retirement system
Status: in_force

If, pursuant to the laws of Oklahoma or of any charter provision

or ordinance of a city which participates in a city-county, county,

district, or cooperative health department, as authorized by the

Oklahoma Public Health Code, a retirement system is established for

the employees of a participating city, the employees of the city-

county, county, district, or cooperative health department may be

included in that retirement system on the same basis applicable to

employees of the participating city, provided the applicable Board

of Health so recommends and the State Commissioner of Health, the

board of county commissioners, and the governing body of the city

which created and operates such health department approve. Nothing

otherwise provided by law shall operate to prohibit the

appropriation of county funds for the payment of the pro rata share

of the contribution to be made to the city or county retirement fund

Oklahoma Statutes - Title 63. Public Health and Safety Page 662

on behalf of the employees of the applicable health department. In

the event funds become available for public health purposes pursuant

to the provisions of Section 9a, Article X of the Oklahoma

Constitution and 63 O.S.Supp.1963, Sections 1-223 through 1-226, the

contribution on behalf of the employees of the applicable health

department may be paid from such funds; provided further, that an

employee of the city-county, county, district, or cooperative health

department shall not participate in more than one of the city,

county, or state retirement systems.

1965, c. 102, § 1, emerg. eff. May 12, 1965.
Okla. Stat. tit. 63, § 63-2807 — OK Code / Title 63 / Section 63-2807
Submission of final plan to public telephone utilities -
Status: in_force

Alternative reports.

A. All public agencies shall submit final plans for the

establishment of any system to the public telephone utilities and

may make arrangement with such utilities for the implementation of

the planned emergency telephone system. A copy of the plan required

by this subsection shall be filed with the Oklahoma 9-1-1 Management

Authority.

B. If any public agency has implemented or is a part of a

system which would be authorized by this act on the effective date

of this act such public agency may submit in lieu of the tentative

or final plan a report describing the system and stating its

operational date.

C. Plans filed pursuant to subsection A of this section shall

conform to minimum standards established pursuant to Section 2806 of

this title.
Okla. Stat. tit. 63, § 63-4027 — OK Code / Title 63 / Section 63-4027
Lien of title and registration fees and penalties -
Status: in_force

Priority - Seizure - Costs of taking into custody and storage -

Foreclosure.

All title and registration fees and penalties levied by the

terms and provisions of the Oklahoma Vessel and Motor Registration

Act shall become and remain a first lien upon any vessel or motor on

which such fees, taxes and penalty are due and unpaid. The lien

shall be prior, superior and paramount to all other liens of

whatsoever kind or character.

After the thirtieth day after such title and registration fees

become delinquent, it shall be the duty of Service Oklahoma or the

Department of Public Safety, its designated officers or employees,

and of sheriffs and all other duly authorized peace officers of this

state, to seize and take into custody every vessel or motor required

to be titled and registered pursuant to the Oklahoma Vessel and

Motor Registration Act but which is not so registered by the owner

thereof, and such vessel or motor shall not be released to the owner

thereof until it is duly registered and the fee due thereon paid in

full, together with any penalty provided by law, plus the cost of

seizure, including a reasonable cost of taking such vessel or motor

into custody and storing it. In the event the owner or possessor of

any such vessel or motor seized, as provided by law, shall fail to

pay the registration fee and penalty due thereon, together with such

costs of seizure and storage, the officer shall proceed to foreclose

the lien thereon by selling such vessel or motor following the

procedure for foreclosure of liens on personal property prescribed

in Section 91 of Title 42 of the Oklahoma Statutes.

The provisions of the Uniform Tax Procedure Code under Title 68

of the Oklahoma Statutes and the Oklahoma Vehicle License and

Registration Act, Section 1101 et seq. of Title 47 of the Oklahoma

Statutes, providing procedures and remedies with respect to all

state taxes shall also be available for the enforcement of the

provisions of the Oklahoma Vessel and Motor Registration Act.
Okla. Stat. tit. 63, § 63-2903 — OK Code / Title 63 / Section 63-2903
Lien against property - Foreclosure - Repayment of loan
Status: in_force

A. The State of Oklahoma through the Department shall have a

lien against the property on which the work is being performed for

the amount of the loan plus interest thereon. The Department shall

record a notice of lien with the county clerk where the property is

located. A delinquent installment of the loan may be foreclosed by

the Department and the property concerned shall be sold in the

manner provided for foreclosures of mortgages on land. Any real

estate sold under any order, judgment or decree of court to satisfy

the lien may be redeemed by the owner or his assignee at any time

within one (1) year of the date of the sale by paying to the

purchaser thereof or his assignee the amount paid with interest from

the date of purchase at the rate of twelve percent (12%) per year.

B. Repayment of each loan shall be determined according to a

repayment schedule determined by the Department.

C. Repayment of the loan may be deferred until that time when

the loan recipient sells the property or ownership is transferred.

In such cases where a loan has not been repaid after ten (10) years,

another ten-year extension shall be granted if the loan recipient or

the surviving spouse is still the owner-occupier of the residence.

Such extensions shall be granted until such time when the property

is transferred from the loan recipient or the surviving spouse to

another party.

D. Loan repayments shall be made to the Oklahoma Department of

Commerce and shall be deposited in the Energy Conservation Loan

Fund.
Okla. Stat. tit. 63, § 63-2-421 — OK Code / Title 63 / Section 63-2-421
Short title
Status: in_force

This act shall be known and may be cited as the "Drug Dealer

Liability Act".
Okla. Stat. tit. 63, § 63-1-1440.4 — OK Code / Title 63 / Section 63-1-1440.4
Recodified as § 5-4.5 of Title 2 by Laws 2017, c. 85,
Status: in_force

§ 6, eff. Nov. 1, 2017.
Okla. Stat. tit. 63, § 63-1-1930.5 — OK Code / Title 63 / Section 63-1-1930.5
Liability of facility owner, administrator or
Status: in_force

employee notwithstanding receivership.

Notwithstanding the general rules of receiverships and trustees,

nothing in Sections 10 through 13 of this act shall be deemed to

relieve any owner, administrator or employee of a facility placed in

receivership of any civil or criminal liability incurred, or any

Oklahoma Statutes - Title 63. Public Health and Safety Page 728

duty imposed by law, by reason of acts or omissions of the owner,

administrator or employee prior to the appointment of a receiver;

provided, that nothing contained in this act shall be construed to

suspend during the receivership any obligation of the owner,

administrator or employee for payment of taxes or other operating

and maintenance expenses of the facility or of the owner,

administrator, employee or any other person for the payment of

mortgage or liens. The owner shall retain the right to sell or

mortgage any facility under receivership, subject to approval of the

court which ordered the receivership.
Okla. Stat. tit. 63, § 63-2253 — OK Code / Title 63 / Section 63-2253
Renumbered as §1-2302 of this title by Laws 1990, c. 217,
Status: in_force

§ 10, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-2558 — OK Code / Title 63 / Section 63-2558
Duties as additional
Status: in_force

The duties imposed by this act are in addition to, and not in

limitation of, other duties existing under the law of this state.
Okla. Stat. tit. 63, § 63-1-2306 — OK Code / Title 63 / Section 63-1-2306
Renumbered as § 2-10-302 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-3101.14 — OK Code / Title 63 / Section 63-3101.14
Directives executed out-of-state
Status: in_force

Execution of an advance directive by an individual, which

provides for the provision, withholding, or withdrawal of life-

sustaining treatment for that individual or for the appointment of

another to give directions to provide, withhold, or withdraw life-

sustaining treatment, executed in another state in compliance with

the law of that state or of this state is valid for purposes of the

Oklahoma Advance Directive Act to the extent the advance directive

does not exceed authorizations allowed under the laws of this state;

provided, that no such advance directive shall be deemed to

authorize the withholding or withdrawal of artificially administered

nutrition and/or hydration unless it specifically authorizes such

withholding or withdrawal of artificially administered nutrition

and/or hydration, and either the advance directive:

1. Was executed by a person who was not a resident of Oklahoma

at the time of execution; or

2. Specifically authorizes the withholding or withdrawal of

artificially administered nutrition and/or hydration in the

declarant’s own words or by a separate section, separate paragraph,

or other separate subdivision that deals only with nutrition and/or

hydration and which section, paragraph, or other subdivision is

separately initialed, separately signed, or otherwise separately

marked by the person executing the advance directive.
Okla. Stat. tit. 63, § 63-103 — OK Code / Title 63 / Section 63-103
Post mortem caesarian section - Right to perform -
Status: in_force

Nonliability of physician and hospital.

It shall be lawful for a physician, legally qualified to

practice in the State of Oklahoma, to perform a post mortem

caesarian section upon any female who is the victim of accidental

death, who at the time of said death, is in the advanced stages of

pregnancy and where said physician has reason to believe, following

immediate and due examination, that said child is viable in the

mother. In the performance of a caesarian section, under such

circumstances, the physician and the institution or hospital where

such operation is performed, shall not be liable, either civilly or

criminally, though performed without the consent by those in whom

the law has recognized a legal right of the possession of the body

of the deceased, provided the operation be performed in good faith

and with due skill and without unnecessary injury or mutilation.

Provided, however, said operation shall not be performed over the

protest of those in whom the law has recognized a legal right to the

possession of the body of the said deceased.
Okla. Stat. tit. 63, § 63-935 — OK Code / Title 63 / Section 63-935
Responsibility of Examiner - Delegation of duties
Status: in_force

The Chief Medical Examiner shall be directly responsible to the

Board for the performance of the duties provided for in this act and

for the administration of the office of the Chief Medical Examiner.

The Chief Medical Examiner may, however, delegate specific duties to

competent and qualified personnel who may act for the Chief Medical

Examiner within the scope of the express authority granted by the

Chief Medical Examiner, subject, however, to such rules as the Board

may prescribe.
Okla. Stat. tit. 63, § 63-1-908 — OK Code / Title 63 / Section 63-1-908
Renumbered as § 2-6-401 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1153 — OK Code / Title 63 / Section 63-1-1153
Right to appeal
Status: in_force

A person aggrieved by a decision of the State Department of

Health following a hearing has the right to appeal the decision as

Oklahoma Statutes - Title 63. Public Health and Safety Page 595

provided in the Administrative Procedures Act and rules promulgated

by the State Commissioner of Health.
Okla. Stat. tit. 63, § 63-1-756.2 — OK Code / Title 63 / Section 63-1-756.2
Definitions
Status: in_force

As used in this act:

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

medicine, drug or any other substance or device intentionally to

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

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

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

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

the result of a spontaneous miscarriage, accidental trauma or a

criminal assault on the pregnant female or her unborn child;

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 licensed to practice

medicine in the state including medical doctors and doctors of

osteopathy, that 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

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

Oklahoma Statutes - Title 63. Public Health and Safety Page 443

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. "Physician" means any person licensed to practice medicine

in this state. The term includes medical doctors and doctors of

osteopathy;

9. "Pregnant" or "pregnancy" means that female reproductive

condition of having an unborn child in the mother's uterus;

10. "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;

11. "Qualified physician" means a physician licensed in this

state who has the ability to:

a. identify and document a viable intrauterine pregnancy,

b. assess the gestational age of pregnancy and to inform

the patient of gestational age-specific risks,

c. diagnose ectopic pregnancy,

d. determine blood type and administer RhoGAM if a woman

is Rh negative,

e. assess for signs of domestic abuse, reproductive

control, human trafficking and other signals of

coerced abortion,

f. provide surgical intervention or has entered into a

contract with another qualified physician to provide

surgical intervention, and

g. supervise and bear legal responsibility for any agent,

employee or contractor who is participating in any

part of procedure including, but not limited to, pre-

procedure evaluation and care;

12. "Reasonable medical judgment" means a medical judgment that

would be made by a reasonably prudent physician knowledgeable about

the case and the treatment possibilities with respect to the medical

conditions involved; and

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).

Oklahoma Statutes - Title 63. Public Health and Safety Page 444
Okla. Stat. tit. 63, § 63-2-504 — OK Code / Title 63 / Section 63-2-504
Seizure of property
Status: in_force

Any peace officer of this state shall seize property subject to

forfeiture under this act when:

1. The seizure is incident to arrest or search warrant;

2. The property has been the subject of a prior judgment in

favor of the state in an injunction or forfeiture proceeding under

this act;

3. Probable cause exists to believe the property is dangerous

to health or safety; or

4. Probable cause exists to believe the property has been used,

or will be used, in violation of this act.
Okla. Stat. tit. 63, § 63-1-1331 — OK Code / Title 63 / Section 63-1-1331
Beekeepers - Exemptions from regulation and inspection
Status: in_force

A. Beekeepers with annual production of less than five hundred

(500) gallons who do not qualify for the exemption provided in

Section 5-4.3 of Title 2 of the Oklahoma Statutes shall be exempt

from regulation and inspection by the State Department of Health for

the manufacture, sale, and distribution of honey and honeycomb

products in Oklahoma if they meet the following requirements:

1. The beekeeper shall only sell or distribute honey or

honeycomb produced from hives located wholly within this state which

are owned and managed by the beekeeper;

2. The honey, honeycomb, or combination thereof is raw and not

blended with other products or otherwise adulterated. The honey may

be in liquid or solid form or a combination of the two;

3. The honey or honeycomb shall be sold in-person or by a

designated agent of the beekeeper to the end-use customer, or online

by the beekeeper, or distributed in person to the end-use customer

by an employee of the beekeeper, or distributed by a carrier, such

as a parcel delivery service, to the end-use customer or to a vendor

or retail establishment for resale; and

4. Honey products shall be labeled with the common food product

name, net weight of the honey, the beekeeper's name, current ten

(10) digit phone number, an address where the honey or honeycomb was

produced, and shall include the statement, "Bottled or packaged in a

facility not inspected by the Oklahoma Department of Health." The

statement shall be in 10-point type or greater in a color that

provides clear contrast to the background label.

B. No county, municipal corporation, consolidated government,

or political subdivision of this state shall adopt or continue in

effect any ordinance, rule, regulation, or resolution prohibiting,

impeding, or restricting honey sales or distribution in compliance

with this law.
Okla. Stat. tit. 63, § 63-1-2550 — OK Code / Title 63 / Section 63-1-2550
Article I — Purpose
Status: in_force

Recognition of EMS Personnel Licensure Interstate Compact

ARTICLE I

Purpose

To protect the public through verification of competency and

ensure accountability for patient care-related activities all state-

licensed emergency medical services (EMS) personnel, such as

emergency medical technicians (EMTs), advanced EMTs, and paramedics.

This Compact is intended to facilitate the day-to-day movement of

EMS personnel across state boundaries in the performance of their

EMS duties as assigned by an appropriate authority and authorize

state EMS offices to afford immediate legal recognition to EMS

personnel licensed in a member state. This Compact recognizes that

states have a vested interest in protecting the public's health and

safety through their licensing and regulation of EMS personnel and

that such state regulation shared among the member states will best

protect public health and safety. This Compact is designed to

achieve the following purposes and objectives:

1. Increase public access to EMS personnel;

2. Enhance the states' ability to protect the public's health

and safety, especially patient safety;

3. Encourage the cooperation of member states in the areas of

EMS personnel licensure and regulation;

4. Support licensing of military members who are separating

from an active duty tour and their spouses;

5. Facilitate the exchange of information between member states

regarding EMS personnel licensure, adverse action, and significant

investigatory information;

6. Promote compliance with the laws governing EMS personnel

practice in each member state; and

7. Invest all member states with the authority to hold EMS

personnel accountable through the mutual recognition of member state

licenses.
Okla. Stat. tit. 63, § 63-1-2504.1 — OK Code / Title 63 / Section 63-1-2504.1
Duty to act - Mutual aid - Exemption
Status: in_force

A. There is a required duty to act within the licensed area

upon the acceptance of an ambulance service license. All licensed

ambulance services shall respond appropriately, consistent with the

level of licensure, when called for emergency service regardless of

the patient’s ability to pay.

B. If the ambulance service cannot physically respond within

the limits of the Ambulance Service Districts Act, then the

ambulance service called shall immediately call for mutual aid from

a neighboring licensed ambulance service. Nonemergency,

interfacility transfers are exempt from the requirements of this

subsection.
Okla. Stat. tit. 63, § 63-2-210 — OK Code / Title 63 / Section 63-2-210
Schedule IV
Status: in_force

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

contains any quantity of the following substances having a potential

for abuse associated with a stimulant or depressant effect on the

central nervous system:

1. Chloral betaine;

2. Chloral hydrate;

3. Ethchlorvynol;

4. Ethinamate;

5. Meprobamate;

6. Paraldehyde;

7. Petrichloral;

8. Diethylpropion;

9. Phentermine;

Oklahoma Statutes - Title 63. Public Health and Safety Page 927

10. Pemoline;

11. Chlordiazepoxide;

12. Chlordiazepoxide and its salts, but not including

chlordiazepoxide hydrochloride and clidinium bromide or

chlordiazepoxide and water-soluble esterified estrogens;

13. Diazepam;

14. Oxazepam;

15. Clorazepate;

16. Flurazepam and its salts;

17. Clonazepam;

18. Barbital;

19. Mebutamate;

20. Methohexital;

21. Methylphenobarbital;

22. Phenobarbital;

23. Fenfluramine;

24. Pentazocine;

25. Propoxyphene;

26. Butorphanol;

27. Alprazolam;

28. Halazepam;

29. Lorazepam;

30. Prazepam;

31. Temazepam;

32. Triazolam;

33. Carisoprodol;

34. Dichloralphenazone;

35. Estazolam;

36. Eszopiclone;

37. Midazolam;

38. Modafinil;

39. Zaleplon;

40. Zolpidem;

41. Tramadol;

42. Bromazepam;

43. Suvorexant;

44. Phenazepam;

45. Etizolam; or

46. Clonazolam.

B. 1. The following nonnarcotic substances, which may, under

the Federal Food, Drug, and Cosmetic Act (21 U.S.C., Section 301),

be lawfully sold over the counter without a prescription, are

excluded from all schedules of controlled substances under this

title:

a. Breathe-Aid,

b. BronCare,

c. Bronchial Congestion,

Oklahoma Statutes - Title 63. Public Health and Safety Page 928

d. Bronkaid Tablets,

e. Bronkaid Dual Action Caplets,

f. Bronkotabs,

g. Bronkolixir,

h. NeoRespin,

i. Pazo Hemorrhoid Ointment and Suppositories,

j. Primatene Tablets,

k. Primatene "Dual Action" Formula,

l. Quelidrine,

m. Resp, and

n. Vatronal Nose Drops.

2. At the request of any person, the Director may exempt any

other drug product containing ephedrine from being included as a

Schedule IV controlled substance if such product:

a. is labeled and marketed in a manner consistent with

the pertinent OTC tentative final or final monograph

issued by the FDA, and

b. is manufactured and distributed for legitimate

medicinal use and in a manner that reduces or

eliminates the likelihood of abuse.

3. In making a determination regarding a drug product, the

Director, after notice and hearing, shall consider the following:

a. the history and current pattern of abuse,

b. the name and labeling of the product,

c. the intended manner of distribution, advertising and

promotion of the product, and

d. other factors as may be relevant to and consistent

with the public health and safety.

4. The hearing shall be held in accordance with the

Administrative Procedures Act.

5. A list of current drug products meeting exemption

requirements under this subsection may be obtained from the Bureau

upon written request.

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

mixture, or preparation containing any depressant substance listed

in subsection A of this section from the application of all or any

part of the Uniform Controlled Dangerous Substances Act, Section 2-

101 et seq. of this title, if the compound, mixture, or preparation

contains one or more active medicinal ingredients not having a

depressant effect on the central nervous system, and if the

admixtures are included therein in combinations, quantity,

proportion, or concentration that vitiate the potential for abuse of

the substances which have a depressant effect on the central nervous

system.
Okla. Stat. tit. 63, § 63-2-502 — OK Code / Title 63 / Section 63-2-502
Inspections
Status: in_force

A. Prescriptions, orders, and records, required by this act,

and stock of substances specified in this act shall be open for

inspection only to specifically designated or assigned state,

county, and municipal officers, whose duty it is to enforce the laws

of this state relating to controlled dangerous substances. The

Director of the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control may designate noncommissioned personnel as compliance

inspectors for the purpose of conducting inspections as contemplated

herein. No person having knowledge by virtue of his or her office

of any such prescription, order or record shall divulge such

knowledge, except where such use is appropriate to the proper

performance of his or her official duties in the prevention of the

misuse and abuse of controlled dangerous substances or in connection

with a prosecution or proceeding in court or before a licensing or

registration board or officer, to which prosecution or proceeding

the person to whom such prescriptions, orders, or records relate is

a party.

B. Any peace officer or agency charged with administration of

this act is authorized to make administrative inspections of

controlled premises in accordance with the following provisions:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1015

1. For purposes of this act only, "controlled premises" means:

a. places where persons registered or exempted from

registration requirements under this act are required

to keep records, and

b. places including factories, warehouses,

establishments, and conveyances where persons

registered or exempted from registration requirements

under this act are permitted to hold, manufacture,

compound, process, sell, deliver, or otherwise dispose

of any controlled dangerous substance.

2. This section shall not be construed to prevent the

inspection of books and records pursuant to the provisions of this

act; nor shall this section be construed to prevent entries and

administrative inspections at reasonable times without a warrant:

a. with the consent of the owner, operator, or agent in

charge of the controlled premises,

b. in situations presenting imminent danger to health or

safety,

c. in situations involving inspection of conveyances

where there is reasonable cause to believe that the

mobility of the conveyance makes it impracticable to

obtain a warrant,

d. in any other exceptional or emergency circumstance

where time or opportunity to apply for a warrant is

lacking, and

e. in all other situations where a warrant is not

constitutionally required.

3. Except when the owner, operator, or agent in charge of the

controlled premises so consents in writing, no inspection authorized

by this section shall extend to:

a. financial data,

b. sales data other than shipment data, or

c. pricing data.
Okla. Stat. tit. 63, § 63-1-866.5 — OK Code / Title 63 / Section 63-1-866.5
Compensation
Status: in_force

A. A written contract entered into between a referral agency

and an assisted living center or continuum of care facility may

provide for the compensation of a referral agency for all referrals

made to an assisted living center or continuum of care facility;

such compensation may include, without limitation, amounts based on

volume or value of referrals or business otherwise generated between

the parties.

B. Compensation paid to a referral agency that complies with

the requirements set forth in this section will not be grounds for

disciplinary action against a long-term care administrator pursuant

to OAC 310:679-10-20 or any other rule or statute regulating long-

term care administrators.
Okla. Stat. tit. 63, § 63-1-737.6 — OK Code / Title 63 / Section 63-1-737.6
Orally inform minors in abortion facilities – Minor
Status: in_force

certification.

A. If the pregnant female is a minor, the attending physician

shall orally inform the female that no one can force her to have an

abortion and that an abortion cannot be performed, induced,

prescribed for, or that the means for an abortion cannot be provided

Oklahoma Statutes - Title 63. Public Health and Safety Page 316

unless she provides her freely given, voluntary, and informed

consent.

B. The minor female shall certify in writing, prior to the

performance of, induction of, receiving the prescription for, or

provision of the means for the abortion, that she was informed by

the attending physician of the required information in subsection A

of this section. A copy of the written certification shall be

placed in the minor’s file and kept for at least seven (7) years or

for five (5) years after the minor reaches the age of majority,

whichever is greater.
Okla. Stat. tit. 63, § 63-1-745.14 — OK Code / Title 63 / Section 63-1-745.14
Making heartbeat audible before abortion
Status: in_force

A. Any abortion provider who knowingly performs or induces any

abortion shall comply with the requirements of the Heartbeat

Informed Consent Act.

B. Prior to a woman giving informed consent to having any part

of an abortion performed or induced, if the pregnancy is at least

eight (8) weeks after fertilization, the abortion provider who is to

perform or induce the abortion or an agent of the abortion provider

shall tell the woman that it may be possible to make the embryonic

or fetal heartbeat of the unborn child audible for the pregnant

woman to hear and ask the woman if she would like to hear the

heartbeat. If the woman would like to hear the heartbeat, the

abortion provider shall, using a Doppler fetal heart rate monitor,

make the embryonic or fetal heartbeat of the unborn child audible

for the pregnant woman to hear. An abortion provider or an agent of

the abortion provider shall not be in violation of the requirements

of this subsection if:

1. The provider or agent has attempted, consistent with

standard medical practice, to make the embryonic or fetal heartbeat

of the unborn child audible for the pregnant woman to hear using a

Doppler fetal heart rate monitor;

2. That attempt does not result in the heartbeat being made

audible; and

3. The provider has offered to attempt to make the heartbeat

audible at a subsequent date.

C. Nothing in this section shall be construed to prevent the

pregnant woman from not listening to the sounds detected by the

Doppler fetal heart rate monitor pursuant to the requirements of

subsection B of this section.
Okla. Stat. tit. 63, § 63-427.2 — OK Code / Title 63 / Section 63-427.2
See the following versions:
Status: in_force

OS 63-427.2v1 (SB 1995, Laws 2024, c. 182, § 16).

OS 63-427.2v2 (SB 1635, Laws 2024, c. 447, § 3).
Okla. Stat. tit. 63, § 63-427.22 — OK Code / Title 63 / Section 63-427.22
Confidential records
Status: in_force

A. All medical marijuana patient and caregiver records and

information including, but not limited to, any application or

renewal and supporting information submitted by a qualifying patient

or designated caregiver under the provisions of the Oklahoma Medical

Marijuana and Patient Protection Act and information regarding the

physician of the qualifying patient shall be considered confidential

medical records that are exempt from the Oklahoma Open Records Act.

B. The dispensary records with patient information shall be

treated as confidential records that are exempt from the Oklahoma

Open Records Act.

C. All financial information provided by an applicant or a

licensee in an application to the Authority shall be treated as

confidential records that are exempt from the Oklahoma Open Records

Act.

D. All information provided by an applicant or a licensee that

constitutes private business information shall be treated as

confidential records that are exempt from the Oklahoma Open Records

Act.

E. As used in this section, "private business information"

means information that, if disclosed, would give advantage to

competitors or bidders including, but not limited to, information

related to the planning, site location, operations, strategy or

product development and marketing of an applicant, unless approval

for release of those records is granted by the business.

F. All monthly report, inventory tracking and seed-to-sale

information, data and records submitted to the Authority shall be

treated as confidential records and are exempt from the Oklahoma

Open Records Act.

G. Except for license information concerning licensed patients,

the Authority may share confidential information with other state

Oklahoma Statutes - Title 63. Public Health and Safety Page 1194

agencies to assist those agencies in ensuring compliance with

applicable laws, rules and regulations.
Okla. Stat. tit. 63, § 63-1-1603 — OK Code / Title 63 / Section 63-1-1603
Acts prohibited
Status: in_force

The following acts and the causing thereof are hereby

prohibited:

(a) the introduction or delivery for introduction into commerce

of any misbranded package of a hazardous substance.

(b) the alteration, mutilation, destruction, obliteration, or

removal of the whole or any part of the label of, or the doing of

any other act with respect to, a hazardous substance, if such act is

done while the substance is in commerce, or while the substance is

held for sale (whether or not the first sale) after shipment in

commerce, and results in the hazardous substance being in a

misbranded package.

(c) the receipt in commerce of any misbranded package of a

hazardous substance and the delivery or proffered delivery thereof

for pay or otherwise.

Oklahoma Statutes - Title 63. Public Health and Safety Page 645

(d) the giving of a guarantee or undertaking referred to in

Section 1604(b) (2) which guarantee or undertaking is false, except

by a person who relied upon a guarantee or undertaking to the same

effect signed by, and containing the name and address of, the person

residing in the United States from whom he received in good faith

the hazardous substance.

(e) the failure to permit entry or inspection as authorized by

Section 1609 or to permit access to and copying of any record as

authorized by Section 1610.

(f) the introduction or delivery for introduction into commerce,

or the receipt in commerce and subsequent delivery or proffered

delivery for pay or otherwise, of a hazardous substance in a reused

food, drug, or cosmetic container or in a container which, though

not a reused container, is identifiable as a food, drug, or cosmetic

container by its labeling or by other identification. The reuse of

a food, drug, or cosmetic container as a container for a hazardous

substance shall be deemed to be an act which results in the

hazardous substance being in a misbranded package.

(g) the use by any person to his own advantage, or revealing

other than to the State Commissioner of Health or officers or

employees of the State Department of Health, or to the courts when

relevant in any judicial proceeding under this article, of any

information acquired under authority of Section 1609 concerning any

method of process which as a trade secret is entitled to protection.
Okla. Stat. tit. 63, § 63-93 — OK Code / Title 63 / Section 63-93
Autopsies - Request of chief medical examiner or district
Status: in_force

attorney or consent of Anatomical Board required.

It is unlawful for any person or persons to perform an autopsy

on any dead human body mentioned in this article, except at the

request of the Chief Medical Examiner or a district attorney of the

county where such body is located, without the written, telegraphic

or telephonic consent of the executive director of the Anatomical

Board, or the Board’s agent. Such telegraphic or telephonic consent

shall be verified by written consent.
Okla. Stat. tit. 63, § 63-1-544 — OK Code / Title 63 / Section 63-1-544
Report of results
Status: in_force

The results of the screening procedures, conducted pursuant to

Section 1 of this act, shall be reported to the State Department of

Health in accordance with procedures adopted by the State Board of

Health.
Okla. Stat. tit. 63, § 63-2855.1 — OK Code / Title 63 / Section 63-2855.1
Direct access to 9-1-1 service required
Status: in_force

DIRECT ACCESS TO 9-1-1 SERVICE REQUIRED

A. A business owner or operator that owns or controls a

telephone system or equivalent system which utilizes Voice over

Internet Protocol (VoIP) enabled service and provides outbound

dialing capacity or access shall be required to configure the

telephone or equivalent system to allow a person initiating a 9-1-1

call on the system to directly access 9-1-1 without an additional

code, digit, prefix, postfix, or trunk-access code.

B. A business owner or operator that provides residential or

business facilities utilizing a telephone system or equivalent

system as described in subsection A, shall configure the telephone

or equivalent system to provide a notification to a central location

on the site of the residential or business facility when a person

within the residential or business facility dials 9-1-1, provided

the business owner or operator's system is able to be configured to

provide such notification without an improvement to the system's

hardware. The requirement of this subsection does not require a

business owner or operator to have a person available at the central

location to receive such notification.

C. Telephone service providers and Interconnected VoIP Service

providers shall, within sixty (60) days following the enactment of

this act, and at least once annually thereafter, provide written

notification detailing the provisions of this act to any current

commercial customers operating in this state who may be affected by

this act. Such providers shall inform any new commercial customers

of the requirements of this act at the time service is initiated.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1427

D. The provisions of this act shall apply to the extent such

provisions are not inconsistent with or preempted by federal law.
Okla. Stat. tit. 63, § 63-1-2506.2 — OK Code / Title 63 / Section 63-1-2506.2
Prescription for opioid antagonists for family
Status: in_force

members - Liability.

A. As used in this section, “emergency opioid antagonist” means

a drug including, but not limited to, naloxone that blocks the

effects of opioids and that is approved by the United States Food

and Drug Administration for the treatment of an opioid overdose.

B. Upon request, a provider may prescribe an emergency opioid

antagonist to an individual for use by that individual when

encountering a family member exhibiting signs of an opioid overdose.

Oklahoma Statutes - Title 63. Public Health and Safety Page 832

C. When an emergency opioid antagonist is prescribed in

accordance with subsection B of this section, the provider shall

provide:

1. Information on how to spot symptoms of an overdose;

2. Instruction in basic resuscitation techniques;

3. Instruction on proper emergency opioid antagonist

administration; and

4. The importance of calling 9-1-1 for help.

D. Any family member who administers an emergency opioid

antagonist in good faith and in a manner consistent with addressing

opioid overdose shall not be liable for any civil damages as a

result of any acts or omissions by such family member in

administering such emergency opioid antagonist.

E. Any provider who prescribes or administers an opioid

antagonist in good faith and in a manner consistent with addressing

opioid overdose shall not be liable for any civil damages as a

result of any acts or omissions by such provider except for

committing gross negligence or willful wanton wrongs in prescribing

or administering such emergency opioid antagonist.
Okla. Stat. tit. 63, § 63-1-1608 — OK Code / Title 63 / Section 63-1-1608
Rules and regulations
Status: in_force

The authority to promulgate reasonable rules and regulations for

the efficient enforcement of this article is hereby vested in the

State Board of Health, which is hereby authorized to make reasonable

rules and regulations promulgated under this article conform,

insofar as practicable, with those promulgated under the Federal

Hazardous Substances Labeling Act.
Okla. Stat. tit. 63, § 63-2-301 — OK Code / Title 63 / Section 63-2-301
Rules and regulations
Status: in_force

A. The Director is authorized to promulgate rules and

regulations relating to the registration and control of the

manufacture, distribution, dispensing, prescribing, administering or

use for scientific purposes of controlled dangerous substances

within this state. All proceedings before the Director shall be

governed by the Administrative Procedures Act.

B. The Director shall promulgate rules relating to the

training, certification and registration of animal control officers

for the purpose of authorizing such individuals to purchase, possess

and administer controlled dangerous substances for animal control

within this state and operating under the parameters of Sections 501

through 508 of Title 4 of the Oklahoma Statutes. In promulgating

such rules, the Director shall cooperate with any federal, state or

local entity with jurisdiction over the euthanasia of animals.
Okla. Stat. tit. 63, § 63-4035 — OK Code / Title 63 / Section 63-4035
Demonstration permits - Record of purchases and sales
Status: in_force

A. Upon issuance of a license to sell new vessels or new

motors, there shall be assigned and issued to such dealer three

demonstration permits for vessels, three demonstration permits for

motors, or three demonstration permits for each such class the

dealer has been authorized to sell. Such permits shall be displayed

upon each vessel or motor owned by the dealer when the vessel or

motor is driven or displayed on any water of this state. No such

demonstration permit issued to any dealer shall be used or displayed

upon any secondhand or used vessel or motor, or upon any new vessel

or motor which is for private use, or for hire. Any dealer or agent

thereof for purposes of demonstrating a vessel or motor for a sale,

or any other person, with consent of the dealer, while contemplating

purchase, may operate a new vessel or motor with the dealer's

demonstration permit affixed so long as this intent is limited to a

consecutive seventy-two-hour period, or a weekend. For the purposes

of this subsection, "driven or displayed on any water of this state"

does not include the use of a vessel or motor for participation in a

contest.

B. Each dealer of new and used vessels or motors, shall keep a

record of the purchase and sale of each vessel or motor he buys or

sells, which shall show the name of the seller or buyer as the case

may be, and a complete description of the vessel or motor purchased

or sold, and such other information as Service Oklahoma may

prescribe.
Okla. Stat. tit. 63, § 63-1-556 — OK Code / Title 63 / Section 63-1-556
Contract review and recommendation
Status: in_force

A. The State Department of Health, giving consideration to the

recommendations of the Advancement of Wellness Advisory Council

created in Section 1-103a.1 of this title, shall be responsible for

evaluating and reporting to the Governor and the State Commissioner

of Health regarding contracting for statewide services or issues

related to breast cancer including, but not limited to:

1. Mammography and pap smear screening of women for breast and

cervical cancer as an early detection health care measure provided

by facilities which are accredited by national organizations that

have formed coalitions to issue national cancer screening

guidelines;

2. Medical referral of screened persons with abnormal breast

findings and, to the extent practical, for additional services or

assistance for such persons;

3. Education and training programs for health care

professionals to improve methods for the detection and control of

breast and cervical cancer, and to improve communication with breast

and cervical cancer patients after diagnosis;

Oklahoma Statutes - Title 63. Public Health and Safety Page 250

4. Annual public education and awareness campaigns to improve

the knowledge and health care practices of all Oklahomans with

respect to breast and cervical cancer;

5. Epidemiological trend studies utilizing the data from the

Oklahoma Central Cancer Registry for incidence, prevalence and

survival of breast and cervical cancer victims; and

6. Outreach to groups with high proportions of uninsured and

underinsured women.

B. The evaluative efforts of the Advisory Committee with

respect to contracts for services specified in subsection A of this

section shall provide appropriate oversight and requirements that

result in:

1. Enhanced quality control standards within facilities which

perform diagnostic cancer screening for breast and cervical cancer;

and

2. Establishment of a fee schedule for breast and cervical

cancer screening and diagnosis that complies with accepted

Medicare/Medicaid rates and that incorporates a sliding fee payment

system to encourage self-responsibility.

C. The State Department of Health, giving consideration to the

recommendations of the Advancement of Wellness Advisory Council

created in Section 1-103a.1 of this title, shall report to the

Governor, the Speaker of the House of Representatives, the President

Pro Tempore of the Senate, and the State Commissioner of Health by

October 1 of every fifth year, beginning on October 1, 2021,

activities completed pursuant to the Oklahoma Breast and Cervical

Cancer Act during the prior five (5) fiscal years including a report

of the revolving funds expended on related activities. The report

may identify populations at highest risk for breast or cervical

cancer, priority strategies, and emerging technologies including

newly introduced therapies and preventive vaccines that are

effective in preventing and controlling the risk of breast and

cervical cancer, and any recommendations for additional funding, if

necessary, to provide screenings and treatment for breast and

cervical cancer for uninsured and underinsured women. The report

may further recommend strategies or actions to reduce the costs of

breast and cervical cancer in this state.

D. The Advancement of Wellness Advisory Council shall evaluate

the prospective termination or continuation of its ongoing duties on

October 1, 2008. Such evaluation shall be made based on the

successful implementation of breast and cervical cancer reduction

plans and/or achievement of significant reductions in breast and

cervical cancer morbidity and mortality in this state.
Okla. Stat. tit. 63, § 63-4028 — OK Code / Title 63 / Section 63-4028
Apportionment of fees, taxes and penalties
Status: in_force

All titling and registration fees, taxes, and penalties

collected by Service Oklahoma pursuant to the provisions of Sections

4014 and 4021 of this title shall be apportioned by Service Oklahoma

as provided in Section 1104 of Title 47 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-916 — OK Code / Title 63 / Section 63-1-916
Fees for permits
Status: in_force

The fee for the issuance of a permit, and for each renewal of

such permit, to operate a bottled water plant shall be Twenty-five

Dollars ($25.00). All permits and permit renewals shall expire on

June 30 of each year following the date of issue.
Okla. Stat. tit. 63, § 63-1-740.19 — OK Code / Title 63 / Section 63-1-740.19
Severability
Status: in_force

If any provision, word, phrase or clause of the Choosing

Childbirth Act or the application thereof to any person or

circumstance is held invalid, such invalidity shall make the entire

Act invalid and to this end, the provisions, works, phrases and

clauses of the Choosing Childbirth Act are declared to be

inseverable.
Okla. Stat. tit. 63, § 63-1-729.7 — OK Code / Title 63 / Section 63-1-729.7
Severability of act
Status: in_force

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

clause, phrase or word of this act or the application hereof to any

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

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

remain effective notwithstanding such unconstitutionality. The

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

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

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

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

declared unconstitutional.
Okla. Stat. tit. 63, § 63-1-745.38 — OK Code / Title 63 / Section 63-1-745.38
Enforcement
Status: in_force

Notwithstanding any other law, the requirements of this act

shall be enforced exclusively through a private civil action

Oklahoma Statutes - Title 63. Public Health and Safety Page 404

described in Section 9 of this act. No direct or indirect

enforcement of this act may be taken or threatened by the state, a

political subdivision, a district attorney, or an executive or

administrative officer or employee of this state or a political

subdivision against any person or entity, in any manner whatsoever,

except as provided in Section 9 of this act, and no violation of

this act may be used to justify or trigger the enforcement of any

other law or any type of adverse consequence under any other law,

except as provided in Section 9 of this act; provided, that this

section does not preclude enforcement of any other law or regulation

against conduct that is independently prohibited by such other law

or regulation.
Okla. Stat. tit. 63, § 63-1-757.8 — OK Code / Title 63 / Section 63-1-757.8
Certified physician requirements
Status: in_force

The State Board of Medical Licensure and Supervision and the

State Board of Osteopathic Examiners shall also require the

following of certified physicians:

1. Maintaining hospital admitting privileges at one or more

hospitals in the county or contiguous county where the abortion-

inducing drug was provided, and informing the patient of any

hospital where the physician holds admitting privileges; or

2. Alternatively, the physician may enter into a written

agreement with an associated physician in the county or contiguous

county where the abortion-inducing drug was provided. The written

agreement shall meet these conditions:

a. a physician who provides an abortion-inducing drug

shall notify the patient of the location of the

hospital at which the associated physician has

admitting privileges,

b. the physician shall keep, at the location of his or

her practice, a copy of the written agreement,

Oklahoma Statutes - Title 63. Public Health and Safety Page 460

c. the physician shall submit a copy of the written

agreement to their state licensing board and the State

Department of Health as part of any required clinic

licensure,

d. the State Department of Health shall verify the

validity of the document, and shall remove any

personal identifying information of the patient from

the document before releasing the document in

accordance with the following:

(1) the State Department of Health shall annually

submit a copy of the written agreement described

in this paragraph to each hospital located in the

county or a county that is contiguous to the

county where the abortion was performed, and

(2) the State Department of Health shall confirm to a

member of the public, upon request, that the

written agreement required to be submitted under

this section for an abortion clinic has been

received by the Department,

e. the agreement shall be renewed annually, or more often

as required by the physician's state licensing board,

f. the agreement shall include a requirement that the

physician provide to the patient and require the

patient to sign all legally required informed consent

material, and

g. the agreement shall require the adherence to all

reporting requirements from the State Department of

Health and the physician's licensing board.
Okla. Stat. tit. 63, § 63-1-706a — OK Code / Title 63 / Section 63-1-706a
Short title - No Patient Left Alone Act
Status: in_force

A. This section shall be known and may be cited as the "No

Patient Left Alone Act".

B. Subject to the provisions of subsections D and E of this

section, each minor who is admitted to a hospital licensed pursuant

to Section 1-702 of Title 63 of the Oklahoma Statutes has the right

to have a parent, guardian or person standing in loco parentis who

shall have the ability to be present while the minor patient is

receiving hospital care.

C. Subject to the provisions of subsections D and E of this

section, each adult who is admitted to a hospital licensed pursuant

to Section 1-702 of Title 63 of the Oklahoma Statutes has the right

to designate a spouse, family member or caregiver who shall have the

ability to be physically present while the adult patient is

receiving hospital care.

D. A hospital may establish visitation policies that limit or

restrict visitation when:

1. The presence of visitors would be medically or

therapeutically contraindicated in the best clinical judgment of

health care professionals;

2. The presence of visitors would interfere with the care of or

rights of any patient;

3. Visitors are engaging in disruptive, threatening or violent

behavior toward any staff member, patient or other visitor; or

4. Visitors are noncompliant with hospital policy.

Oklahoma Statutes - Title 63. Public Health and Safety Page 274

E. A hospital may require visitors to wear personal protective

equipment, provided that any such required equipment shall be

provided by the hospital. A hospital may require visitors to comply

with reasonable safety protocols and rules of conduct. The hospital

may revoke visitation rights for failure to comply with this

section.

F. Nothing in this section shall be construed to require a

hospital to allow a visitor to enter an operating room, isolation

room, isolation unit, behavioral health setting or other typically

restricted area or to remain present during the administration of

emergency care in critical situations. Nothing in this section

shall be construed to require a hospital to allow a visitor access

beyond the rooms, units or wards in which the patient the visitor is

visiting is receiving care or beyond general common areas in the

hospital.

G. The rights specified in this section may not be terminated,

suspended or waived by the hospital, the State Department of Health

or any governmental entity, notwithstanding declarations of

emergency declared by the Governor or the Legislature. No hospital

licensed pursuant to Section 1-702 of Title 63 of the Oklahoma

Statutes shall require a patient to waive the rights specified in

this section.

H. Each hospital licensed pursuant to Section 1-702 of Title 63

of the Oklahoma Statutes shall post on its website informational

materials developed by the State Department of Health explaining the

rights specified in this section. The State Department of Health

shall develop such informational materials and make the materials

available to hospitals for this purpose.

I. Unless expressly required by federal law or regulation, the

State Department of Health or any other state agency shall not take

any action against a hospital for:

1. Giving a visitor individual access to a hospital-controlled

property or location;

2. Failing to protect or otherwise ensure the safety or comfort

of a visitor given access to a hospital-controlled property or

location;

3. Failing to follow the guidelines of the Centers for Disease

Control and Prevention or other federal guidelines that require or

recommend restricting visitor access; or

4. The acts or omissions of any visitor who is given access to

a hospital-controlled property or location.
Okla. Stat. tit. 63, § 63-2-405 — OK Code / Title 63 / Section 63-2-405
Prohibited acts E - Penalties
Status: in_force

A. No person shall use tincture of opium, tincture of opium

camphorated, or any derivative thereof, by the hypodermic method,

either with or without a medical prescription therefor.

B. No person shall use drug paraphernalia to plant, propagate,

cultivate, grow, harvest, manufacture, compound, convert, produce,

process, prepare, test, analyze, pack, repack, store, contain,

conceal, inject, ingest, inhale or otherwise introduce into the

human body a controlled dangerous substance in violation of the

Uniform Controlled Dangerous Substances Act, except those persons

holding an unrevoked license in the professions of podiatry,

dentistry, medicine, nursing, optometry, osteopathy, veterinary

medicine or pharmacy.

C. No person shall deliver, sell, possess or manufacture drug

paraphernalia knowing, or under circumstances where one reasonably

should know, that it will be used to plant, propagate, cultivate,

grow, harvest, manufacture, compound, convert, produce, process,

prepare, test, analyze, pack, repack, store, contain, conceal,

inject, ingest, inhale or otherwise introduce into the human body a

controlled dangerous substance in violation of the Uniform

Controlled Dangerous Substances Act.

D. Any person eighteen (18) years of age or over who violates

subsection C of this section by delivering or selling drug

paraphernalia to a person under eighteen (18) years of age shall,

upon conviction, be guilty of a Class D3 felony offense and shall be

punished by imprisonment as provided for in subsections B through F

of Section 20P of Title 21 of the Oklahoma Statutes.

E. Any person who violates subsections A, B or C of this

section shall, upon conviction, be guilty of a misdemeanor

punishable as follows:

1. For a first offense the person shall be punished by

imprisonment in the county jail for not more than one (1) year or by

Oklahoma Statutes - Title 63. Public Health and Safety Page 992

a fine of not more than One Thousand Dollars ($1,000.00), or both

such fine and imprisonment;

2. For a second offense the person shall be punished by

imprisonment in the county jail for not more than one (1) year or by

a fine of not more than Five Thousand Dollars ($5,000.00), or both

such fine and imprisonment; and

3. For a third or subsequent offense the person shall be

punished by imprisonment in the county jail for not more than one

(1) year or by a fine of not more than Ten Thousand Dollars

($10,000.00), or both such fine and imprisonment.

F. 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 1-2522 of this title.
Okla. Stat. tit. 63, § 63-2621 — OK Code / Title 63 / Section 63-2621
Short title
Status: in_force

Sections 1 through 3 of this act shall be known and may be cited

as the "Medical Savings Account Act".
Okla. Stat. tit. 63, § 63-2163 — OK Code / Title 63 / Section 63-2163
Definitions
Status: in_force

As used in this act:

"Blood service systems" means regional providers of whole blood,

blood components or blood derivatives; provided, for purposes of

this act, all regional providers operating with the same

establishment license number of the United States Department of

Health and Human Services will be considered one blood service

system. For purposes of this act, blood service systems shall not

include individual hospital blood banks.
Okla. Stat. tit. 63, § 63-1-745.35 — OK Code / Title 63 / Section 63-1-745.35
Medical emergency
Status: in_force

A. Sections 3 and 4 of this act shall not apply if a physician

believes a medical emergency exists that prevents compliance with

this act.

B. A physician who performs or induces an abortion under

circumstances described by subsection A of this section shall make

written notations in the pregnant woman's medical record of:

1. The physician's belief that a medical emergency necessitated

the abortion; and

2. The medical condition of the pregnant woman that prevented

compliance with this act.

C. A physician performing or inducing an abortion under this

section shall maintain in the physician's practice records a copy of

the notations made under subsection B of this section.
Okla. Stat. tit. 63, § 63-1-1930.1 — OK Code / Title 63 / Section 63-1-1930.1
Notification of Department of certain events
Status: in_force

A. The owner of a nursing facility shall notify the State

Department of Health within twenty-four (24) hours of the occurrence

of any of the events specified in subsection B of this section.

Such notification may be in written form. When initial notification

to the Department is made by telephone or telephone facsimile, it

shall be followed by a written confirmation within five (5) calendar

days.

Oklahoma Statutes - Title 63. Public Health and Safety Page 725

B. The occurrence of any of the following events shall require

notification pursuant to the provisions of subsection A of this

section:

1. The owner of a facility receives notice that a judgment or

tax lien has been levied against the facility or any of the assets

of the facility or the licensee;

2. A financial institution refuses to honor a check or other

instrument issued by the owner, operator or manager to its employees

for a regular payroll;

3. The supplies, including food items and other perishables, on

hand in the facility fall below the minimum specified in the Nursing

Home Care Act or rules promulgated thereto by the State Board of

Health;

4. The owner, operator or manager fails to make timely payment

of any tax of any governmental agency;

5. The filing of a bankruptcy petition under Title 7 or Title

11 of the United States Code or any other laws of the United States,

by any person or entity with a controlling interest in the facility;

6. The appointment of a trustee by the bankruptcy court; and

7. The filing of a petition in any jurisdiction by any person

seeking appointment of a receiver for the facility.
Okla. Stat. tit. 63, § 63-1-1514 — OK Code / Title 63 / Section 63-1-1514
State agencies and local government to cooperate with
Status: in_force

Department.

It shall be the duty of all state agencies and departments, and

city, county and other units of local government to cooperate with

the State Department of Health in carrying out the purposes and

intent of this act.
Okla. Stat. tit. 63, § 63-142.10 — OK Code / Title 63 / Section 63-142.10
Statewide notification center
Status: in_force

A. Section 142.1 et seq. of this title recognizes the value of

and authorizes the establishment of a statewide notification center.

B. Upon establishment, the notification center shall operate

twenty-four (24) hours a day, seven (7) days a week. Notification,

as required by Section 142.6 of this title, to operators who are

members of or participants in the notification center, shall be

given by notifying the notification center by telephone or other

acceptable means of communication, the content of such notification

to conform to Section 142.6 of this title.

C. All operators who have underground facilities within the

defined geographical boundary of the notification center shall be

required to be members in good standing of the notification center.

D. A suitable record shall be maintained for not less than four

(4) years by the notification center to document the receipt of

notices from excavators and positive responses from operators as

required by Section 142.1 et seq. of this title.

Public agencies, as defined in Section 142.2 of this title,

shall have access to the record of underground facilities.
Okla. Stat. tit. 63, § 63-1-2407 — OK Code / Title 63 / Section 63-1-2407
Renumbered as § 2-10-1107 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-114.2 — OK Code / Title 63 / Section 63-1-114.2
Dental Health Service
Status: in_force

A. The Dental Health Service is hereby created within the State

Department of Health.

B. The Dental Health Service shall:

1. Plan, direct and coordinate all dental public health

programs with local, state, and national health programs;

2. Advise the Department on matters involving oral health; and

3. Plan, implement, and evaluate all oral health programs

within the Department.

C. The director of the Dental Health Service shall be an

experienced public health dentist licensed to practice under the

State Dental Act of Oklahoma.
Okla. Stat. tit. 63, § 63-2056 — OK Code / Title 63 / Section 63-2056
Building of centers on leased land
Status: in_force

Any community social service center may be built on leased land

owned by any other governmental agency subject to the approval of

the Office of Management and Enterprise Services.
Okla. Stat. tit. 63, § 63-3284 — OK Code / Title 63 / Section 63-3284
Bonds - Investment securities - Collateral security
Status: in_force

Bonds issued pursuant to provisions of the Oklahoma State

University Medical Authority Act are hereby made securities in which

all public officers and public boards, agencies and

instrumentalities of the state and its political subdivisions, all

banks, trust companies, trust and loan associations, investment

companies, and others carrying on a banking business, and all

insurance companies and insurance associations, and others carrying

on an insurance business, may legally and properly invest. Such

bonds are also approved as collateral security for the deposit of

any public funds and for the investment of trust funds.
Okla. Stat. tit. 63, § 63-1-1505 — OK Code / Title 63 / Section 63-1-1505
Rules for diagnostic x-ray facilities
Status: in_force

The State Board of Health shall have the authority, giving

consideration to the recommendations of the Consumer Protection

Licensing Advisory Council created in Section 44 of this act, to

adopt reasonable rules for diagnostic x-ray facilities on the

following: establishment of standards for safe levels of protection

against radiation; maintenance and submission of records;

determination, prevention and control of radiation hazards;

reporting of radiation accidents; handling, storage and registration

of diagnostic x-ray systems; periodic inspections of diagnostic x-

ray facilities; review and approval of plans, and issuance and

revocation of permits, for the use of diagnostic x-ray systems;

prevention and control of any significant associated harmful effects

of exposure to x-rays; and other items deemed necessary for the

protection of the public health and safety in diagnostic x-ray

facilities. Such rules shall be consistent with nationally

recognized standards, which may be included by reference in the

promulgated rules.
Okla. Stat. tit. 63, § 63-1-1918.2 — OK Code / Title 63 / Section 63-1-1918.2
Renumbered as § 367.3 of Title 59 by Laws 2004, c
Status: in_force

374, § 9, emerg. eff. June 3, 2004.
Okla. Stat. tit. 63, § 63-1-757.13 — OK Code / Title 63 / Section 63-1-757.13
Complaint portals
Status: in_force

A. The State Board of Pharmacy shall develop on its website a

complaint portal for patients, pharmacy, nursing and medical

professionals and the public to submit information about potential

violations by nonphysicians at no charge to the parties named in

this subsection.

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

State Board of Osteopathic Examiners shall develop on their

respective websites a complaint portal for patients, pharmacy,

nursing and medical professionals and the public to submit

information about potential violations by physicians at no charge to

the parties named in this subsection.

C. The portal developed by the State Board of Pharmacy shall

list the names of manufacturers and distributors that are certified

under the program.

D. The portals developed by the State Board of Medical

Licensure and Supervision and the State Board of Osteopathic

Examiners shall list the names of the fully licensed physicians

certified under the program.

E. The portal shall allow the party to make a complaint

anonymously.

F. The State Board of Pharmacy and physician licensing boards

shall review each complaint and determine a disposition including

Oklahoma Statutes - Title 63. Public Health and Safety Page 465

referral to another appropriate state agency, within thirty (30)

days of receipt of a complaint.

G. Confidentiality of the originator of the complaint shall be

protected at all times except for intra-state referrals for

investigation or if any disciplinary action is brought by a

licensing board pursuant to this act.
Okla. Stat. tit. 63, § 63-1078 — OK Code / Title 63 / Section 63-1078
Eminent domain
Status: in_force

An authority shall have the right to acquire by the exercise of

the power of eminent domain any real property or interest therein

which it may deem necessary for its purposes under this act after

the adoption by it of a resolution declaring that the acquisition of

the real property described therein is necessary for such purposes.

An authority may exercise the power of eminent domain in the same

manner and by like proceedings as provided for railroad corporations

under the laws of this state.

Property already devoted to a public use may be acquired in like

manner, provided that no real property belonging to any city,

county, or any other political subdivision of the state may be

acquired without its consent.

In the event any housing authority in exercising any of the

powers conferred by this act makes necessary the relocation,

raising, rerouting or changing the grade of or altering the

construction of any railroad, common carrier, public utility

property or facility, all such relocation, raising, rerouting,

changing of grade or alteration of construction shall be

accomplished at the expense of the housing authority, provided that

the housing authority shall not disturb the possession or operation

of any railroad, common carrier, or public utility in or to the

appropriated property or facility until the relocated property or

facilities are available for use and until marketable title thereto

has been transferred to the railroad, common carrier or public

utility.
Okla. Stat. tit. 63, § 63-1-738.3h — OK Code / Title 63 / Section 63-1-738.3h
Identity of woman upon whom abortion performed -
Status: in_force

Disclosure.

In every action brought under this act, the court shall rule

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

performed or attempted 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 female 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 female upon whom an abortion has

been performed or attempted, anyone, other than a public official,

who brings an action under 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.
Okla. Stat. tit. 63, § 63-1-1968 — OK Code / Title 63 / Section 63-1-1968
Eligibility to serve as guardian
Status: in_force

No agency, employee of any agency, or home health aide shall

serve as the guardian of a client unless such home care provider is

related to the client by blood or marriage and is otherwise eligible

to serve as a guardian.
Okla. Stat. tit. 63, § 63-1-818.12 — OK Code / Title 63 / Section 63-1-818.12
Renumbered as § 1430.12 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-2072 — OK Code / Title 63 / Section 63-2072
Establishment and operation of centers
Status: in_force

The State Department of Health is authorized to establish family

planning Centers. These centers may be operated as a part of the

services of a county, district, cooperative or city-county

department of health, or may be operated directly by the State

Department of Health, or by the State Department of Health in

cooperation with nongovernmental agencies or organizations.
Okla. Stat. tit. 63, § 63-1-242.1 — OK Code / Title 63 / Section 63-1-242.1
Definitions
Status: in_force

As used in the Maternal Mortality Review Act:

1. "Committee" means the Maternal Mortality Review Committee;

2. "Health care entity" means:

a. any hospital or related institution offering or

providing health care services,

b. any ambulatory surgical center offering or providing

health care services under a license,

c. the clinical practices of accredited allopathic and

osteopathic state medical schools, and

d. any other entity directly involved in the delivery of

health care services;

3. "Pregnancy-related death" means the death of a woman while

pregnant or within one (1) year of delivery or the end of pregnancy,

regardless of the duration and site of the pregnancy, from any cause

related to or aggravated by the pregnancy or its management, but not

from accidental or incidental causes; and

4. "Pregnancy-associated death" means the death of a woman,

from any cause, while she is pregnant or within one (1) year of

termination of pregnancy.
Okla. Stat. tit. 63, § 63-1-2012.3 — OK Code / Title 63 / Section 63-1-2012.3
Renumbered as § 2-7-127 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1914.11 — OK Code / Title 63 / Section 63-1-1914.11
Alternative informal dispute resolution -
Status: in_force

Definitions.

For purposes of Sections 3 through 8 of this act:

1. “Impartial decision-making panel” means a group of

individuals who are qualified volunteers and employees or

contractors with the State Department of Health and shall consist of

five (5) members as follows:

a. two members shall be impartial representative

volunteers who have experience in the operation of a

long-term care setting, such as an administrator,

operator or director of nursing,

b. one member shall be an employee of the Department who

has experience in the survey process,

c. one member shall be a person representing the aging or

disabled community, and

d. one member shall be an impartial person who is not

employed by the Protective Health Services, Long-Term

Care Division of the State Department of Health; and

2. “Alternative informal dispute resolution” means a

nonjudicial process or forum before an impartial decision-making

panel that provides a facility cited for deficiency with the

opportunity to dispute a citation for deficiency within the pilot

program established in Sections 3 through 8 of this act.
Okla. Stat. tit. 63, § 63-1-229.25 — OK Code / Title 63 / Section 63-1-229.25
Certain other penalties authorized by law not
Status: in_force

excluded.

Nothing in the Prevention of Youth Access to Tobacco Act shall

be construed to prevent the imposition of any penalty as specified

in Section 1241 of Title 21 of the Oklahoma Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety Page 143
Okla. Stat. tit. 63, § 63-1-870 — OK Code / Title 63 / Section 63-1-870
Legislative statement of need
Status: in_force

The Oklahoma State Legislature hereby finds and declares that

there is an inadequate range of community-based services for frail

elderly and disabled adults and that there is an urgent need to

establish, support and regulate a community-based system of quality

adult day care programs to:

1. Provide a protective social environment which may include

health remedial, restorative and social services designed to

maintain maximum independence and to prevent premature or

inappropriate institutionalization of functionally impaired elderly

or disabled adults;

Oklahoma Statutes - Title 63. Public Health and Safety Page 533

2. Provide periods of relief for family caregivers, sometimes

called respite care, to enable them to continue caring for an

impaired person at home; and

3. Enable family caregivers to continue gainful employment.
Okla. Stat. tit. 63, § 63-1-1943 — OK Code / Title 63 / Section 63-1-1943
Application of Administrative Procedure Act
Status: in_force

The provisions of the Oklahoma Administrative Procedures Act

shall apply to all administrative rules and procedures of the

Department under this act.
Okla. Stat. tit. 63, § 63-1-1956.3 — OK Code / Title 63 / Section 63-1-1956.3
Obstruction of electronic monitoring devices -
Status: in_force

Penalties.

A. No person or entity shall intentionally hamper, obstruct,

tamper with, or destroy an electronic monitoring device installed in

a nursing facility, assisted living center or continuum of care

facility.

B. Any person or entity that intentionally hampers, obstructs,

tampers with, or destroys a recording or an electronic monitoring

device installed in a nursing facility, assisted living center or

continuum of care facility shall be subject to the penalties

prescribed in Section 1993 of Title 21 of the Oklahoma Statutes.

C. No person or entity shall intercept a communication or

disclose or use an intercepted communication of an electronic

monitoring device placed or installed in a common area of a nursing

Oklahoma Statutes - Title 63. Public Health and Safety Page 778

facility, assisted living center or continuum of care facility

without the express written consent of the facility, or, for an

electronic monitoring device installed in a resident's room, the

express written consent of the resident or the representative of the

resident.
Okla. Stat. tit. 63, § 63-1-331.1 — OK Code / Title 63 / Section 63-1-331.1
Renumbered as § 396.31 of Title 59 by Laws 2003, c
Status: in_force

57, § 31, emerg. eff. April 10, 2003.
Okla. Stat. tit. 63, § 63-2-435 — OK Code / Title 63 / Section 63-2-435
Interfamily tort immunity not altered
Status: in_force

The provisions of the Drug Dealer Liability Act are not intended

to alter the law regarding interfamily tort immunity.
Okla. Stat. tit. 63, § 63-1-840 — OK Code / Title 63 / Section 63-1-840
Other provisions applicable to residential care homes
Status: in_force

Residential care homes subject to the provisions of the

Residential Care Act shall comply with the provisions of Sections 1-

1909, 1-1910, 1-1914.1, 1-1914.2, 1-1915, 1-1917, 1-1918, 1-1919, 1-

1920, 1-1921, 1-1922, 1-1924, 1-1926, 1-1927, 1-1930, 1-1939, 1-1940

and 1-1941 of this title.
Okla. Stat. tit. 63, § 63-1-1806.1 — OK Code / Title 63 / Section 63-1-1806.1
Renumbered as § 2-5-106 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-750 — OK Code / Title 63 / Section 63-1-750
Criminal and civil penalties - Civil liability -
Status: in_force

Severability.

A. A person who intentionally, knowingly or recklessly violates

any provision or requirement of this act, Section 1-729a et seq. of

Title 63 of the Oklahoma Statutes or any rule or regulation adopted

under Section 1-729a et seq. of Title 63 of the Oklahoma Statutes is

guilty of a felony.

B. No criminal penalty may be assessed against the pregnant

woman upon whom the abortion is performed for a violation of any

provision or requirement of this act, Section 1-729a et seq. of

Title 63 of the Oklahoma Statutes or any rule or regulation adopted

under Section 1-729a et seq. of Title 63 of the Oklahoma Statutes.

C. Any violation of this act, Section 1-729a et seq. of Title

63 of the Oklahoma Statutes or any rule or regulation adopted under

Section 1-729a et seq. of Title 63 of the Oklahoma Statutes may be

subject to a civil penalty or a fine up to One Hundred Thousand

Dollars ($100,000.00).

D. Each day of violation shall constitute a separate violation

for purposes of assessing civil penalties or fines.

E. In deciding whether and to what extent to impose fines, a

court shall consider the:

1. Gravity of the violation or violations including the

probability that death or serious physical harm to a patient or

individual will result or has resulted;

2. Size of the population at risk as a consequence of the

violation or violations;

3. Severity and scope of the actual or potential harm;

4. Extent to which the provisions of the applicable statutes or

regulations were violated;

5. Indications of good faith exercised by the licensee,

abortion facility or the person performing the abortion;

6. Duration, frequency, and relevance of any previous

violations committed by the licensee, abortion facility or person

performing the abortion; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 434

7. Financial benefit to the abortion facility or person

performing the abortion from committing or continuing the violation

or violations.

F. The Office of the Attorney General and a district attorney

for the county in which the violation or violations occurred may

institute a legal action to enforce collection of civil penalties or

fines.

G. Any person who violates this act, Section 1-729a et seq. of

Title 63 of the Oklahoma Statutes or any rule or regulation adopted

under Section 1-729a et seq. of Title 63 of the Oklahoma Statutes

shall be civilly liable to the person or persons adversely affected

by the violation or violations. A court may award damages to the

person or persons adversely affected by any violation of this act,

Section 1-729a et seq. of Title 63 of the Oklahoma Statutes or any

rule or regulation adopted under Section 1-729a et seq. of Title 63

of the Oklahoma Statutes including compensation for emotional,

physical, and psychological harm; attorney fees, litigation costs,

and punitive damages.

H. The provisions of this act are severable, and if any part or

provision shall be held void, the decision of the court so holding

shall not affect or impair any of the remaining parts or provisions

of this act.

I. If some or all of the newly amended provisions of this act

resulting from the actions taken by the 2015 Session of the Oklahoma

Legislature are ever temporarily or permanently restrained or

enjoined by judicial order, this act shall be enforced as though

such restrained or enjoined provisions had not been adopted;

provided, however, that whenever such temporary or permanent

restraining order or injunction is stayed or dissolved, or otherwise

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

effect.

J. The Oklahoma State Bureau of Investigation and the State

Board of Health shall promulgate rules to implement the provisions

of this act.
Okla. Stat. tit. 63, § 63-683.28 — OK Code / Title 63 / Section 63-683.28
Oklahoma Department of Emergency Management – Volunteer
Status: in_force

programs.

The Oklahoma Department of Emergency Management, in cooperation

with governmental entities, individual volunteers and volunteer

organizations throughout the State of Oklahoma, shall:

1. Assist all state agencies in the development of emergency

management volunteer programs;

2. Operate as a statewide information center for volunteer

programs and needed services that could be delivered by volunteer

programs;

3. Provide or aid in the provision of technical assistance and

training for directors and coordinators of volunteers, for staff,

and for individual volunteers for state, local or private entities;

4. Assess and recognize the needs of communities throughout the

State of Oklahoma and assist volunteer programs to meet emergency

preparedness and disaster recovery programs;

5. Promote and coordinate efforts to expand and improve the

statewide voluntary network;

6. Develop, implement and maintain a volunteer clearinghouse to

disseminate information to support emergency management volunteer

programs and to broaden voluntary involvement throughout the State

of Oklahoma;

7. Promote communication and collaboration between public and

private volunteer programs in the State of Oklahoma and between the

public and private sector's initiatives in meeting emergency human

needs;

8. Establish methods for supporting and promoting private

sector leadership and responsibility for meeting emergency public

needs;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1238

9. Cooperate with federal, state, and local volunteer groups in

collecting information on federal, state and private resources which

may encourage and improve emergency management volunteer projects

within the State of Oklahoma;

10. Develop a program to inform the public of the opportunities

to volunteer and of the services emergency management volunteers

provide within the State of Oklahoma; and

11. Cooperate with federal, state and local governments and

voluntary groups in developing a plan and operational procedures for

the receiving and disbursement of donated goods during times of

disaster or emergency.
Okla. Stat. tit. 63, § 63-1-2602 — OK Code / Title 63 / Section 63-1-2602
Eligibility requirements - Areas of financial
Status: in_force

assistance.

A. The State Department of Health shall establish eligibility

requirements for financial assistance from the Kidney Health

Revolving Fund. Financial assistance shall include, but shall not

be limited to, the following areas:

1. Payment for three (3) months of Hemodialysis treatments

prior to establishment of Medicare eligibility;

2. Payment for the Social Security deductible in situations

where the patient is unable to meet the deductible;

3. Monthly medications;

4. Transportation to and from dialysis;

5. Pretransplant and posttransplant costs including lab work,

tissue typing and the medication Cyclosporine;

6. Certain physician's fees; and

7. Such other financial assistance to indigent persons with

permanent kidney failure as the Department deems appropriate.

B. The State Department of Health shall promulgate rules for

the proper administration of the Kidney Health Revolving Fund in

accordance with the requirements of this section.
Okla. Stat. tit. 63, § 63-1-818.30 — OK Code / Title 63 / Section 63-1-818.30
Renumbered as § 1430.30 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-2665 — OK Code / Title 63 / Section 63-2665
Discriminatory practices
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1420

No entity, governmental, public or private, providing individual

or group health insurance or reimbursing for health care shall

discriminate in its payment or reimbursement procedures against

ambulatory surgical centers. Provided, however, that this section

shall not require the same dollar amount of benefits be paid on

account of inpatient hospital treatment.
Okla. Stat. tit. 63, § 63-2255.5 — OK Code / Title 63 / Section 63-2255.5
Renumbered as § 1-2406 of Title 63 by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2406 of Title 63

by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-683.3 — OK Code / Title 63 / Section 63-683.3
Definitions
Status: in_force

As used in the Oklahoma Emergency Management Act of 2003:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1221

1. "Emergency management" means the preparation for and the

coordination of all emergency functions by organized and trained

persons, who will extend existent governmental functions and provide

other necessary nongovernmental functions, to prevent, minimize and

repair injury and damage resulting from natural or man-made

disasters developing to such an extent to cause an extreme emergency

situation to arise which by declaration of the Governor jeopardizes

the welfare of the citizens of this state. These emergency

functions include, but are not limited to, fire fighting, law

enforcement, medical and health, search and rescue, public works,

warnings, communications, hazardous materials and other special

response functions, evacuations of persons from affected areas,

emergency assistance services, emergency transportation, and other

functions related to preparedness, response, recovery and

mitigation;

2. "Emergency Operations Plan" means that plan which sets forth

the organization, administration and functions for emergency

management by the state or local government;

3. “Emergency” means any occasion or instance for which, in the

determination of the President of the United States or the Governor

of the State of Oklahoma, federal or state assistance is needed to

supplement state and local efforts and capabilities to save lives

and to protect property and public health and safety, or to lessen

or avert threat of a catastrophe in any part of the state;

4. “Significant events” means all hazardous material releases

of any size and type, earthquakes, fires involving large buildings

or facilities and large grass or wild fires, explosions, bomb

threats, terrorist/civil disturbance, aircraft crash, natural

disaster, utility disruption, dam breach, technological/man-made

incident, search and rescue, structural collapse, and any other

incident that poses significant consequences to the jurisdiction;

5. "Hazard mitigation" means any cost-effective measure which

will reduce or eliminate the effects of a natural or man-made

disaster;

6. "Local organization for emergency management" means an

organization created in accordance with the provisions of the

Oklahoma Emergency Management Act of 2003 by state or local

authority to perform local emergency management functions;

7. “Man-made disaster” means a disaster caused by acts of man

including, but not limited to, an act of war, terrorism, chemical

spill or release, or power shortages that require assistance from

outside the local political subdivision;

8. "Natural disaster" means any natural catastrophe, including,

but not limited to, a tornado, severe storm, high water, flood

waters, wind-driven water, earthquake, landslide, mudslide,

snowstorm, or drought which causes damage of sufficient severity and

magnitude to warrant hazard mitigation or the use of resources of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1222

the federal government, or the state and political subdivisions

thereof to alleviate the damage, loss, hardship or suffering caused

thereby; and

9. "Political subdivision" shall mean any county, city, town or

municipal corporation of the State of Oklahoma represented by an

elected governing body.
Okla. Stat. tit. 63, § 63-1-291.1 — OK Code / Title 63 / Section 63-1-291.1
Short title-Oklahoma Veterans Brain Injury Treatment
Status: in_force

and Recovery Act of 2014.

This act shall be known as the "Oklahoma Veterans Traumatic

Brain Injury Treatment and Recovery Act of 2014".
Okla. Stat. tit. 63, § 63-4210.13 — OK Code / Title 63 / Section 63-4210.13
Criminal trials - Use of alcohol or drug tests as
Status: in_force

evidence.

A. Upon the trial of any criminal action or proceeding arising

out of acts alleged to have been committed by any person while

Oklahoma Statutes - Title 63. Public Health and Safety Page 1680

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

influence of alcohol or any other intoxicating substance, or the

combined influence of alcohol and any other intoxicating substance,

evidence of the alcohol concentration in the blood or breath of the

person as shown by analysis of the blood or breath of the person

performed in accordance with the provisions of Section 4 of this act

and Section 759 of Title 47 of the Oklahoma statutes or evidence of

the presence or concentration of any other intoxicating substance as

shown by analysis of such person's blood, breath, saliva, or urine

specimens in accordance with the provisions of Section 4 of this act

and Section 759 of Title 47 of the Oklahoma Statutes shall be

admissible. Evidence that the person has refused to submit to

either of said analyses is also admissible. For the purpose of this

section, when the person is under the age of twenty-one (21) years,

evidence that there was, at the time of the test, any measurable

quantity of alcohol is prima facie evidence that the person was

under the influence of alcohol in violation of Section 3 of this

act. For persons twenty-one (21) years of age or older:

1. Evidence that there was, at the time of the test, an alcohol

concentration of seven-hundredths (0.07) or less is prima facie

evidence that the person was not under the influence of alcohol; and

2. Evidence that there was, at the time of the test, an alcohol

concentration of eight-hundredths (0.08) or more shall be admitted

as prima facie evidence that the person was under the influence of

alcohol.

B. For purposes of this section, "alcohol concentration" means

grams of alcohol per one hundred (100) milliliters of blood if the

blood was tested, or grams of alcohol per two hundred ten (210)

liters of breath if the breath was tested.

C. To be admissible in a proceeding, the evidence shall first

be qualified by establishing that the test was administered to the

person within two (2) hours after the arrest of the person.
Okla. Stat. tit. 63, § 63-1-2009 — OK Code / Title 63 / Section 63-1-2009
Renumbered as § 2-7-124 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-2-409 — OK Code / Title 63 / Section 63-2-409
Additional penalties
Status: in_force

Any penalty imposed for violation of this article shall be in

addition to, and not in lieu of, any civil or administrative penalty

or sanction authorized by law.
Okla. Stat. tit. 63, § 63-695.7 — OK Code / Title 63 / Section 63-695.7
Liability and immunity
Status: in_force

Officers or employees of a jurisdiction rendering aid in another

jurisdiction pursuant to the Oklahoma Intrastate Mutual Aid Compact

shall be considered within the scope of employment of the requesting

jurisdiction for tort liability and immunity purposes. No

jurisdiction or its officers or employees rendering aid in another

jurisdiction pursuant to the Compact shall be liable on account of

any act or omission in good faith on the jurisdiction of such forces

while so engaged or on account of the maintenance or use of any

equipment or supplies in connection therewith. Good faith shall not

include willful misconduct, gross negligence, or recklessness.
Okla. Stat. tit. 63, § 63-2660 — OK Code / Title 63 / Section 63-2660
Issuance of a license
Status: in_force

A. Upon receipt of an application for a license, the

Commissioner shall issue a license if the applicant and ambulatory

surgical center facilities meet the requirements established under

this act. A license, unless sooner suspended or revoked, shall be

renewable annually upon receipt of an application for a license and

the license fee from the licensee and approval by the Commissioner.

B. Each license shall be issued only for the premises, persons

or governmental units named in the application and shall not be

transferable or assignable except with the written consent of the

Commissioner. Licenses shall be posted in a conspicuous place on

the licensed premises.
Okla. Stat. tit. 63, § 63-3101.3 — OK Code / Title 63 / Section 63-3101.3
Definitions
Status: in_force

As used in the Oklahoma Advance Directive Act:

1. "Advance directive for health care" means any writing

executed in accordance with the requirements of Section 3101.4 of

this title and may include a living will, the appointment of a

health care proxy, or both such living will and appointment of a

proxy;

2. "Attending physician" means the physician who has primary

responsibility for the treatment and care of the patient;

3. "Declarant" means any individual who has issued an advance

directive according to the procedure provided for in Section 3101.4

of this title;

4. “End-stage condition” means a condition caused by injury,

disease, or illness, which results in severe and permanent

deterioration indicated by incompetency and complete physical

dependency for which, to a reasonable degree of medical certainty,

treatment of the irreversible condition would be medically

ineffective;

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

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

administer health care in the ordinary course of business or

practice of a profession;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1460

6. "Health care proxy" is an individual eighteen (18) years old

or older appointed by the declarant as attorney-in-fact to make

health care decisions including, but not limited to, the provision,

withholding, or withdrawal of life-sustaining treatment if a

qualified patient, in the opinion of the attending physician and

another physician, is persistently unconscious, incompetent, or

otherwise mentally or physically incapable of communication;

7. "Persistently unconscious" means an irreversible condition,

as determined by the attending physician and another physician, in

which thought and awareness of self and environment are absent;

8. "Person" means an individual, corporation, business trust,

estate, trust, partnership, association, joint venture, government,

governmental subdivision or agency, or any other legal or commercial

entity;

9. "Physician" means an individual licensed to practice

medicine in this state;

10. "Qualified patient" means a patient eighteen (18) years of

age or older who has executed an advance directive and who has been

determined to be incapable of making an informed decision regarding

health care, including the provision, withholding, or withdrawal of

life-sustaining treatment, by the attending physician and another

physician who have examined the patient;

11. "State" means a state, territory, or possession of the

United States, the District of Columbia, or the Commonwealth of

Puerto Rico; and

12. "Terminal condition" means an incurable and irreversible

condition that, even with the administration of life-sustaining

treatment, will, in the opinion of the attending physician and

another physician, result in death within six (6) months.
Okla. Stat. tit. 63, § 63-3105.3 — OK Code / Title 63 / Section 63-3105.3
Orders for life-sustaining treatment – Standardized
Status: in_force

form – Noncompliant forms.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1478

A. The Office of the Attorney General shall establish the

standardized format for a form in accordance with the provisions of

Section 4 of this act, adhering to the directions, sequence and

wording in those provisions.

B. An Oklahoma physician orders for life-sustaining treatment

shall be executed, implemented, reviewed and revoked in accordance

with the instructions on the form required by this section. At the

beginning of renewing and preparing it in consultation with the

patient or the patient's legally authorized representative, the

attending physician or the health care professional preparing the

form or an agent of either shall give that person a copy of the

disclosure statement described in Section 3163 of Title 63 of the

Oklahoma Statutes. When a patient with a valid POLST experiences a

change in medical condition that creates a situation in which, in

reasonable medical judgment, withholding specific health care

rejected by the POLST will cause or hasten the patient's death, if

the patient is then capable of making decisions affecting health

care the attending physician shall discuss the situation and

treatment with the patient and determine whether, on the basis of

information sufficient for informed consent, the patient still

wishes the direction in the POLST to control or instead wishes to

receive the treatment.

C. A physician orders for life-sustaining treatment (POLST),

physician orders for scope of treatment (POST), medical orders for

life-sustaining treatment (MOLST), medical orders for scope of

treatment (MOST), transportable physician orders for patient

preferences (TPOPP) or similar document that does not comply with

the standardized format for an Oklahoma physician orders for life-

sustaining treatment established by regulations promulgated in

accordance with this section:

a. that was executed in this state prior to the effective

date of the standardized format established in

accordance with this section shall have no validity

after forty-five (45) days following that effective

date or after ten (10) days following the admission of

the patient to an Oklahoma medical care facility,

whichever is later; provided, that a standardized

format Oklahoma physician orders for life-sustaining

treatment executed subsequent to such document's

execution shall immediately supersede it, or

b. that was executed outside this state in compliance

with the laws of the jurisdiction of execution shall

have no validity after ten (10) days following the

admission of the patient to an Oklahoma medical care

facility; provided, that a standardized format

Oklahoma physician orders for life-sustaining

Oklahoma Statutes - Title 63. Public Health and Safety Page 1479

treatment executed subsequent to such document's

execution shall immediately supersede it.
Okla. Stat. tit. 63, § 63-684.31 — OK Code / Title 63 / Section 63-684.31
No effect on credentialing and privileging
Status: in_force

A. For purposes of this section:

1. "Credentialing" means obtaining, verifying, and assessing

the qualifications of a health practitioner to provide treatment,

care, or services in or for a health facility; and

2. "Privileging" means the authorizing by an appropriate

authority, such as a governing body, of a health practitioner to

provide specific treatment, care, or services at a health facility

subject to limits based on factors that include license, education,

training, experience, competence, health status, and specialized

skill.

B. The Uniform Emergency Volunteer Health Practitioners Act

does not affect credentialing or privileging standards of a health

facility and does not preclude a health facility from waiving or

modifying those standards while an emergency declaration is in

effect.
Okla. Stat. tit. 63, § 63-2418 — OK Code / Title 63 / Section 63-2418
Telephone access line surcharge - Telecommunications for
Status: in_force

the Hearing Impaired Revolving Fund.

A. There is hereby imposed a surcharge of five cents ($0.05)

per local exchange telephone access line per month to pay for the

equipment and maintenance program provided for in Section 2417 of

this title and to provide for other needed services for the deaf,

severely hard-of-hearing, severely speech-impaired and deaf-blind

programs administered through the State Department of Rehabilitation

Services, such surcharge to be paid by each local exchange

subscriber to local telephone service in this state, unless such

subscriber is otherwise exempt from taxation.

B. The surcharge shall be collected on the regular monthly bill

by each local exchange telephone company operating in this state and

shall be remitted quarterly to the Oklahoma Tax Commission no later

than twenty (20) days following the end of each quarter.

C. There is hereby created in the State Treasury the

Telecommunications for the Deaf and Hard-of-Hearing Revolving Fund.

The fund shall consist of monies imposed in subsection A of this

section. All monies accruing to the fund are hereby appropriated

and may be budgeted and expended by the State Department of

Rehabilitation Services. The fund shall be a continuing fund not

subject to fiscal year limitations and expenditures from said fund

shall be made upon warrants issued by the State Treasurer against

claims submitted to the Director of the Office of Management and

Enterprise Services for the purpose of implementation of this act.
Okla. Stat. tit. 63, § 63-1-1301.41 — OK Code / Title 63 / Section 63-1-1301.41
Deposit of funds
Status: in_force

All monies received by the Department for any purpose under this

act shall be deposited to the Milk Inspection Revolving Fund.
Okla. Stat. tit. 63, § 63-5022.2 — OK Code / Title 63 / Section 63-5022.2
Nursing facilities liability insurance costs – Medicaid
Status: in_force

reimbursement.

The Oklahoma Health Care Authority shall promulgate rules which

shall provide that the liability insurance costs of nursing

facilities shall be allowable costs for purposes of Medicaid

reimbursement.
Okla. Stat. tit. 63, § 63-1-756.1 — OK Code / Title 63 / Section 63-1-756.1
Short title - Oklahoma Abortion-Inducing Drug Risk
Status: in_force

Protocol Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 442

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

Abortion-Inducing Drug Risk Protocol Act".
Okla. Stat. tit. 63, § 63-939 — OK Code / Title 63 / Section 63-939
Production of records, documents, evidence or other
Status: in_force

material.

A. Except as otherwise provided by law, the Chief Medical

Examiner shall produce records, documents, evidence or other

material of any nature only upon the order of a court of competent

jurisdiction. An interested party or litigant in a civil or

criminal action may make application for an order to produce such

materials. The court, after notice to all parties, including the

Chief Medical Examiner, and a hearing on the application, may, upon

the showing of good cause, direct the release of a copy or any part

of such material. In addition, the court may also direct the

payment of reasonable costs by the requesting party for the

production of the material. The production of such material shall

take place at the Office of the Chief Medical Examiner unless, upon

a showing of good cause, specifically ordered otherwise by the

court.

B. The Chief Medical Examiner may, to the extent allowed under

state law, share records, documents, evidence, or other material of

any nature with the Maternal Mortality Review Committee for the

purpose of aiding the Committee in carrying out its duties under the

Maternal Mortality Review Act.
Okla. Stat. tit. 63, § 63-1-311.1 — OK Code / Title 63 / Section 63-1-311.1
Obtaining social security numbers for live births and
Status: in_force

deaths.

A. The Vital Records Section of the State Department of Health

shall obtain and record all social security numbers of the parents

for each live birth in this state. The social security numbers are

not required to be recorded on the birth certificate of the child.

B. The Vital Records Section of the State Department of Health

shall obtain and record the social security number, if any, of any

person who has died in this state. The social security number shall

be recorded on the death certificate of the deceased.
Okla. Stat. tit. 63, § 63-1-317v2 — OK Code / Title 63 / Section 63-1-317v2
Death certificate - Filing – Contents
Status: in_force

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

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

three (3) days after such death.

B. The funeral director shall personally sign the death

certificate and shall be responsible for filing the death

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

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

accordance with Section 1158 of Title 21 of the Oklahoma Statutes

shall personally sign and file the death certificate. The personal

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

person or source available. The funeral director or person acting

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

is a felony to knowingly provide false data or misrepresent any

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

completed as to personal data and delivered to the attending

physician or the medical examiner responsible for completing the

medical certification portion of the certificate of death within

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

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

certificate portion, shall be entered into the prescribed electronic

system provided by the Department and the information submitted to

the Department. The resultant certificate produced by the

electronic system shall be provided to the physician or medical

examiner for medical certification within twenty-four (24) hours

after the death.

C. The medical certification shall be completed and signed

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

physician assistant, or advanced practice registered nurse in charge

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

Oklahoma Statutes - Title 63. Public Health and Safety Page 190

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

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

certification portion of certificate data shall be entered into the

prescribed electronic system provided by the Department and the

information submitted to the Department.

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

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

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

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

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

the physician, physician assistant, or advanced practice registered

nurse in attendance at the time of death, except:

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

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

director; and

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

938 of this title.

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

attending physician, physician assistant, or advanced practice

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

physician, physician assistant, or advanced practice registered

nurse and that the information shown is only as reported.

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

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

assisting suicide within the meaning of Sections 3141.2 through

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

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

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

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

describes how the injury occurred, the certifier shall indicate

"suicide" as the manner of death.

F. The authority of a physician assistant to carry out the

functions described in this section shall be governed by the

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

Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-2-501 — OK Code / Title 63 / Section 63-2-501
Powers of enforcement personnel
Status: in_force

Any peace officer may:

1. Carry firearms;

2. Execute search warrants, arrest warrants, subpoenas, and

summonses issued under the authority of this state;

3. Make an arrest without warrant of any person the officer has

probable cause for believing has committed any felony under the

Uniform Controlled Dangerous Substances Act or a violation of

Section 2-402 of this title;

4. Make seizures of property pursuant to the provisions of the

Uniform Controlled Dangerous Substances Act;

5. Perform such other lawful duties as are required to carry

out the provisions of the Uniform Controlled Dangerous Substances

Act;

6. Conduct investigations and make an arrest of any person the

officer has probable cause to believe is involved in money

laundering activities, as otherwise set forth by laws of this state;

and

7. Conduct investigations and make an arrest of any person the

officer has probable cause to believe is involved in human

trafficking activities, as otherwise set forth by laws of this

state.
Okla. Stat. tit. 63, § 63-2-202 — OK Code / Title 63 / Section 63-2-202
Nomenclature in schedules
Status: in_force

The schedules provided by this act include the controlled

dangerous substances listed or to be listed by whatever official

name, common or usual name, chemical name, or trade name designated.
Okla. Stat. tit. 63, § 63-3242.2 — OK Code / Title 63 / Section 63-3242.2
Definitions
Status: in_force

As used in the Ambulance Service Provider Access Payment Program

Act:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1561

1. "Air ambulance" means ambulance services provided by fixed

or rotor wing ambulance services;

2. "Alliance" means the Oklahoma Ambulance Alliance or its

successor association;

3. "Ambulance" means a motor vehicle that is primarily used or

designated as available to provide transportation and basic life

support or advanced life support;

4. "Ambulance service" or "ambulance service provider" 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 based on certification rules or standards promulgated

by the State Commissioner of Health;

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

6. "Emergency" or "emergent" means a serious situation or

occurrence that happens unexpectedly and demands immediate action,

such as a medical condition manifesting itself by acute symptoms of

sufficient severity including severe pain such that the absence of

immediate medical attention could reasonably be expected, by a

reasonable and prudent layperson, to result in placing the patient’s

health in serious jeopardy, serious impairment to bodily function or

serious dysfunction of any bodily organ or part;

7. "Emergency transport" means the movement of an acutely ill

or injured patient from the scene to a health care facility or the

movement of an acutely ill or injured patient from one health care

facility to another health care facility;

8. "Licensure" means the licensing of emergency ambulance

services pursuant to rules and standards promulgated by the State

Commissioner of Health;

9. "Net operating revenue" means the gross revenues earned for

providing emergency and nonemergency transports in Oklahoma

excluding revenues earned for providing air ambulance services and

amounts refunded to or recouped, offset or otherwise deducted by a

patient or payer for ground medical transportation;

10. "Nonemergency transport" means the movement of any patient

in an ambulance other than an emergency transport;

11. "Upper payment limit" means the lesser of the customary

charges of the ambulance service provider or the prevailing charges

in the locality of the ambulance service provider for comparable

services under comparable circumstances, calculated according to

methodology in an approved state plan amendment for the state

Medicaid program; and

12. "Upper payment limit gap" means the difference between the

upper payment limit of the ambulance service provider and the

Medicaid payments not financed using the ambulance service provider

assessments made to all ambulance service providers, provided that

the upper payment limit gap shall not include air ambulance

services.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1562
Okla. Stat. tit. 63, § 63-1092.1 — OK Code / Title 63 / Section 63-1092.1
Short title
Status: in_force

Sections 3 and 4 of this act and Sections 1093, 1094, 1095,

1097, 1098 and 1099 of Title 63 of the Oklahoma Statutes shall be

known and may be cited as the "Oklahoma Relocation Assistance Act".
Okla. Stat. tit. 63, § 63-1-738.3f — OK Code / Title 63 / Section 63-1-738.3f
Civil actions - Damages
Status: in_force

A woman upon whom an abortion has been performed in negligent

violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b

of Title 63 of the Oklahoma Statutes, or the parent or legal

Oklahoma Statutes - Title 63. Public Health and Safety Page 331

guardian of the woman if she is an unemancipated minor, as defined

in Section 1-740.1 of Title 63 of the Oklahoma Statutes, may

commence a civil action against the abortion provider, against the

prescriber of any drug or chemical intended to induce abortion, and

against any person or entity which referred the woman to the

abortion provider or prescriber and which knew or reasonably should

have known that the abortion provider or prescriber had acted in

violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b

of Title 63 of the Oklahoma Statutes for actual damages and, in

cases of gross negligence, for punitive damages. The measure of

damages shall include damages for the mental anguish and emotional

distress of the plaintiff, in addition to all damages available for

the wrongful death of the child whose life was aborted in negligent

violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2 or 1-740.4b

of Title 63 of the Oklahoma Statutes, notwithstanding any exception

for abortion provided in Section 1053 of Title 12 of the Oklahoma

Statutes. Whether the individual or entity committed an abortion in

negligent violation of Section 1-738.2, 1-738.3d, 1-738.8, 1-740.2

or 1-740.4b of Title 63 of the Oklahoma Statutes shall be determined

by the trier of fact in the civil action by the greater weight of

the evidence. Unless the defendant can prove to the trier of fact

by the greater weight of the evidence that the abortion was

performed on a child who was already dead from natural causes before

the abortion, and that the defendant informed the plaintiff that the

child was already dead at the time of the abortion, it shall be a

rebuttable presumption that if an abortion was performed, that the

child whose life was aborted was alive until the abortion was

performed, and was capable eventually of living a normal human

lifespan had the abortion not occurred.
Okla. Stat. tit. 63, § 63-427.23 — OK Code / Title 63 / Section 63-427.23
Promulgation of rules to implement provisions of act
Status: in_force

The Executive Director of the Oklahoma Medical Marijuana

Authority, the Oklahoma Tax Commission, the State Treasurer, the

Secretary of State and the Director of the Office of Management and

Enterprise Services shall promulgate rules to implement the

provisions of the Oklahoma Medical Marijuana and Patient Protection

Act.
Okla. Stat. tit. 63, § 63-3111.1 — OK Code / Title 63 / Section 63-3111.1
Short title - Oklahoma Health Care Agent Act
Status: in_force

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

Care Agent Act".
Okla. Stat. tit. 63, § 63-3101.12 — OK Code / Title 63 / Section 63-3101.12
Interpretation, construction and application of act
Status: in_force

A. Death resulting from the withholding or withdrawal of life-

sustaining treatment in accordance with the Oklahoma Advance

Directive Act shall not constitute, for any purpose, a suicide or

homicide.

B. The making of an advance directive pursuant to Section

3101.4 of this title shall not affect in any manner the sale,

procurement, or issuance of any policy of life insurance or annuity,

nor shall it affect, impair, or modify the terms of an existing

policy of life insurance or annuity. A policy of life insurance or

annuity shall not be legally impaired or invalidated in any manner

by the withholding or withdrawal of life-sustaining treatment from

an insured qualified patient, regardless of any term of the policy

or annuity to the contrary.

C. A person shall not prohibit or require the execution of an

advance directive as a condition for being insured for, or

receiving, health care services.

D. The Oklahoma Advance Directive Act creates no presumption

concerning the intention of an individual who has revoked or has not

executed an advance directive with respect to the use, withholding,

or withdrawal of life-sustaining treatment.

E. The Oklahoma Advance Directive Act shall not affect the

right of a patient to make decisions regarding use of life-

sustaining treatment, so long as the patient is able to do so, or

impair or supersede any right or responsibility that a person has to

effect the withholding or withdrawal of medical care; provided, that

this subsection may not be construed to authorize a violation of

Section 3101.9 of this title.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1470

F. The Oklahoma Advance Directive Act shall not be construed to

condone, authorize, or approve mercy killing, assisted suicide, or

euthanasia.

G. Failure to designate a health care proxy in accordance with

Section 3101.4 of this title shall not be interpreted to invalidate

the authority of a health care proxy to make life-sustaining

treatment decisions if otherwise authorized by law.
Okla. Stat. tit. 63, § 63-3203 — OK Code / Title 63 / Section 63-3203
Purposes - Legislative findings - Continued subsidized
Status: in_force

indigent health care - Powers of Board of Regents of University of

Oklahoma.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1516

A. The purposes of the University Hospitals Authority Act are

to provide for an effective and efficient administration, to ensure

a dependable source of funding, and to effectuate the mission and

purposes of the University Hospitals Authority. The mission and

purposes of the University Hospitals are to serve as general

hospitals, to serve as teaching and training facilities for students

enrolled at the University of Oklahoma, to serve as a site for

conducting research by faculty members of the University of Oklahoma

and to provide care for the medically indigent. The University

Hospitals shall maintain a close affiliation with the University of

Oklahoma Health Sciences Center and shall coordinate their

operations and activities in a cooperative manner. In addition, the

University Hospitals Authority shall provide indigent and

nonindigent patient care, as more fully described herein.

B. The Legislature finds that the needs of the citizens of this

state and the needs of the University of Oklahoma Health Sciences

Center will be best served if the University Hospitals are operated

by a separate Authority charged with the mission of operating or

leasing the operations of the teaching hospitals for the benefit of

the colleges of the University of Oklahoma Health Sciences Center

and providing care for the medically indigent.

C. The University Hospitals Authority, by receiving the assets

and operating obligations, shall ensure that the costs of delivering

medically indigent care continue to be subsidized in excess of the

state reimbursement for the medically indigent, consistent with the

teaching hospitals' past policy and performance and that of the

University of Oklahoma Health Sciences Center. The Authority shall

make or cause to be made every reasonable effort to continue the

hospitals' historic commitment to the provision of uncompensated

care and that the allocation and investment of resources shall be

made with a view to maximizing the hospitals' long-term ability to

provide uncompensated care, except as may be modified by changes in

federal or state law. The University Hospitals Authority shall

ensure that indigent care provided by the Oklahoma Medical Center

during a fiscal year shall be equal to or exceed one hundred twenty

percent (120%) of the annual appropriation to the University

Hospitals Authority for indigent care. The level of indigent care

provided shall be based on Medicare costs as determined by the most

recent report filed by any operating entity of the University

Hospitals with the federal Health Care Finance Administration.

D. As used in this section, "indigent care" means charity care,

Medicaid contractual allowances, all debt arising from accounts for

which there is no third-party coverage including services provided

to the Department of Corrections and Department of Mental Health and

Substance Abuse Services as otherwise required by law. For purposes

of this subsection, third-party coverage shall not include Medicaid

coverage.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1517

E. The Board of Regents of the University of Oklahoma shall

retain full power to govern the personnel, curriculum and facilities

of the University of Oklahoma.
Okla. Stat. tit. 63, § 63-1-1502 — OK Code / Title 63 / Section 63-1-1502
Definitions
Status: in_force

As used in the Diagnostic X-Ray Facility Act:

1. "Diagnostic x-ray facility" means the use of an x-ray

system(s) by a facility in any procedure that involves irradiation

of any part of a human or animal body for the purpose of diagnosis;

and

2. "X-ray system" means an assemblage of components for the

controlled production of x-rays. It includes minimally an x-ray

high-voltage generator, an x-ray control, a tube housing assembly, a

beam-limiting device, and the necessary supporting structures.

Additional components which function with the system are considered

integral parts of the system.
Okla. Stat. tit. 63, § 63-1-756.6 — OK Code / Title 63 / Section 63-1-756.6
Informed consent required
Status: in_force

A. No abortion-inducing drug shall be provided without the

informed consent of the pregnant woman as described in this section

to whom the abortion-inducing drug is provided.

B. Informed consent to a chemical abortion shall be obtained at

least seventy-two (72) hours before the abortion-inducing drug is

provided to the pregnant woman, except if in reasonable medical

judgment, compliance with this subsection would pose a greater risk

of:

1. The death of the pregnant woman; or

2. The substantial and irreversible physical impairment of a

major bodily function not including psychological or emotional

conditions, of the pregnant woman.

C. A form created by the State Department of Health shall be

used by a qualified physician to obtain the consent required prior

to providing an abortion-inducing drug.

D. A consent form is not valid and consent is not sufficient,

unless:

1. The patient initials each entry, list, description or

declaration required to be on the consent form as detailed in

paragraphs 1 through 6 of subsection E of this section;

2. The patient signs the "consent statement" described in

paragraph 11 of subsection E of this section; and

3. The qualified physician signs the "qualified physician

declaration" described in paragraph 12 of subsection E of this

section.

E. The consent form shall include, but is not limited to, the

following:

1. The probable gestational age of the unborn child as

determined by both patient history and by ultrasound results used to

confirm gestational age;

2. A detailed description of the steps to complete the chemical

abortion;

3. A detailed list of the risks related to the specific

abortion-inducing drug or drugs to be used including, but not

limited to, hemorrhaging, failure to remove all tissue of the unborn

child which may require an additional procedure, sepsis, sterility

and possible continuation of pregnancy;

Oklahoma Statutes - Title 63. Public Health and Safety Page 446

4. Information about Rh incompatibility including that if she

has an Rh-negative blood type, she should receive an injection of Rh

immunoglobulin at the time of the abortion to prevent Rh

incompatibility in future pregnancies;

5. That the risks of complications from a chemical abortion

including incomplete abortion, increase with advancing gestational

age;

6. That it may be possible to reverse the effects of the

chemical abortion should she change her mind, but that time is of

the essence;

7. That she may see the remains of her unborn child in the

process of completing the abortion;

8. That initial studies suggest that children born after

reversing the effects of Mifeprex/mifepristone have no greater risk

of birth defects than the general population;

9. That initial studies suggest there is no increased risk of

maternal mortality after reversing the effects of

Mifeprex/mifepristone;

10. That information on and assistance with reversing the

effects of abortion-inducing drugs are available in the state-

prepared materials;

11. An "acknowledgment of risks and consent statement" which

shall be signed by the patient. The statement shall include, but is

not limited to, the following declarations, which shall be

individually initialed by the patient:

a. that the patient understands that the abortion-

inducing drug regimen or procedure is intended to end

her pregnancy and will result in the death of her

unborn child,

b. that the patient is not being forced to have an

abortion, that she has the choice not to have the

abortion and that she may withdraw her consent to the

abortion-inducing drug regimen even after she has

begun the abortion-inducing drug regimen,

c. that the patient understands that the chemical

abortion regimen or procedure to be used has specific

risks and may result in specific complications,

d. that the patient has been given the opportunity to ask

questions about her pregnancy, the development of her

unborn child, alternatives to abortion, the abortion-

inducing drug or drugs to be used and the risks and

complications inherent to the abortion-inducing drug

or drugs to be used,

e. that she was specifically told that "Information on

the potential ability of qualified medical

professionals to reverse the effects of an abortion

obtained through the use of abortion-inducing drugs is

Oklahoma Statutes - Title 63. Public Health and Safety Page 447

available at www.abortionpillreversal.com, or you can

contact (877) 558-0333 for assistance in locating a

medical professional that can aide in the reversal of

an abortion.",

f. that she has been provided access to state-prepared,

printed materials on informed consent for abortion and

the state-prepared and maintained website on informed

consent for abortion,

g. if applicable, that she has been given the name and

phone number of the associated physician who has

agreed to provide medical care and treatment in the

event of complications associated with the abortion-

inducing drug regimen or procedure,

h. that the qualified physician will schedule an in-

person follow-up visit for the patient at

approximately seven (7) to fourteen (14) days after

providing the abortion-inducing drug or drugs to

confirm that the pregnancy is completely terminated

and to assess the degree of bleeding and other

complications, and

i. that the patient has received or been given sufficient

information to give her informed consent to the

abortion-inducing drug regimen or procedure, and

j. that the patient has a private right of action to sue

the qualified physician under the laws of this state

if she feels that she has been coerced or misled prior

to obtaining an abortion, and how to access state

resources regarding her legal right to obtain relief;

and

12. A "qualified physician declaration", which shall be signed

by the qualified physician, stating that the qualified physician has

explained the abortion-inducing drug or drugs to be used, has

provided all of the information required in subsection E of this

section, and has answered all of the woman's questions.
Okla. Stat. tit. 63, § 63-1092.2 — OK Code / Title 63 / Section 63-1092.2
Compliance with Federal Uniform Relocation Act -
Status: in_force

Compensation and reimbursement payments.

A. When any department, agency or instrumentality of the state,

or any county, municipality, or other political subdivision of the

state, or any other public or private entity subject to the

provisions of the Federal Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970, as amended, Public Laws

91-646, and 100-17, Title IV, hereinafter referred to as the Federal

Uniform Relocation Act, undertakes any project which results in the

acquisition of real property or in any person being displaced from

the home, business, or farm of such person, such department, agency

or instrumentality of the state, county, municipality or other

political subdivision of the state, or other public or private

entity may provide relocation assistance, and make relocation

payments to such displaced person and do such other acts and follow

such procedures and practices as may be necessary to comply with the

provisions of the Federal Uniform Relocation Act.

B. Any payment made or to be made pursuant to the authority

granted in this section shall be for compensating or reimbursing the

displaced person or owner of real property in accordance with the

requirements of the Federal Uniform Relocation Act and such payment

shall not for any purpose be deemed or considered compensation for

real property acquired or compensation for damages to remaining

property.
Okla. Stat. tit. 63, § 63-1-1912 — OK Code / Title 63 / Section 63-1-1912
Notice of violation and right to hearing – Emergency
Status: in_force

orders - Appeal.

A. The State Department of Health shall promptly serve a notice

of violation upon a licensee whenever, upon inspection or

investigation, the Department determines that:

1. The facility is in violation of the Nursing Home Care Act,

any rule promulgated thereunder, or applicable federal certification

criteria; or

2. The financial condition of the facility poses an immediate

risk to the proper operation of the facility or to the health,

safety or welfare of the residents of the facility.

B. Each notice of violation shall be prepared in writing and

shall specify the nature of the violation, and the statutory

provision, rule or standard alleged to have been violated. The

notice of violation shall inform the licensee of its obligation to

file a plan of correction within ten (10) working days of receipt of

the notice of violation. In the case of a specialized facility for

individuals with intellectual disabilities, the Department shall

offer the licensee an informal opportunity comparable to the process

offered to Medicaid-certified nursing facilities pursuant to 42 CFR

488.331, in order to dispute the alleged violations.

C. The Department shall notify the licensee of its intent to

take any remedial action, impose administrative penalties, place a

monitor or temporary manager in the facility, issue a conditional

license, or suspend or revoke a license. The Department shall also

inform the licensee of the right to an informal dispute resolution,

hearing, or both.

D. Whenever the Department finds that an emergency exists

requiring immediate action to protect the health, safety or welfare

of any resident of a facility licensed pursuant to the provisions of

the Nursing Home Care Act, the Department may, without notice of

hearing, issue an order stating the existence of such an emergency

and requiring that action be taken as deemed necessary by the

Department to meet the emergency. The order shall be effective

immediately. Any person to whom such an order is directed shall

comply with such order immediately but, upon application to the

Oklahoma Statutes - Title 63. Public Health and Safety Page 681

Department, shall be afforded a hearing within ten (10) business

days of receipt of the application. On the basis of such hearing,

the Department may continue the order in effect, revoke it, or

modify it. Any person aggrieved by such order continued after the

hearing provided in this subsection may appeal to the district court

in Oklahoma County within thirty (30) days. Such appeal when

docketed shall have priority over all cases pending on the docket,

except criminal cases. For purposes of this subsection, the State

Board of Health shall define by rule the term "emergency" to

include, but not be limited to, a life-endangering situation.

E. Within thirty (30) days of receipt of a plan of correction

by the State Department of Health from any facility operated by the

Oklahoma Department of Veterans Affairs, the State Department of

Health shall submit the results of the inspection, including a list

of deficiencies in the condition or operation of the facility and

recommendations for corrective measures in the form of a written

report to the person immediately responsible for the administration

of the facility inspected, to the Oklahoma Department of Veterans

Affairs, to the Governor, to the Speaker of the House of

Representatives, and to the President Pro Tempore of the Senate.

F. At the conclusion of an inspection, survey, or

investigation, the survey team's observations and preliminary

findings shall be discussed in an exit conference with the facility

personnel. During the exit conference, the facility shall be

provided with the opportunity to discuss and supply additional

information that they believe is pertinent to the preliminary

findings. The following shall be provided to the facility:

1. A written list containing preliminary areas of potential

noncompliance with state requirements based on findings during the

survey, inspection or investigation. The information provided

should be adequate to notify staff of surveyor concerns regarding

preliminary findings that indicate actual harm or substandard

quality of care; and

2. Any additional noncompliance with state requirements

determined during the review of field notes or in preparation of the

final survey report will be communicated to the facility personnel

by email or phone before issuing the final survey report.
Okla. Stat. tit. 63, § 63-1-725.5 — OK Code / Title 63 / Section 63-1-725.5
Agency review of prices prohibited
Status: in_force

A. Nothing in the Transparency in Health Care Prices Act shall

require a health care facility or health care provider to report its

health care prices to any agency for review, filing or other

purposes, or for applications for health care professional loan

repayment. The Transparency in Health Care Prices Act shall not

grant any agency the authority to approve, disapprove or limit a

health care facility's or health care provider's health care prices

or change its health care prices.

B. Nothing in this act shall impair contracts between private

parties.
Okla. Stat. tit. 63, § 63-1-311.2 — OK Code / Title 63 / Section 63-1-311.2
Secure transmission of information – Disclosure of
Status: in_force

information – Data sharing agreement.

The State Commissioner of Health shall authorize the secure

electronic transmission of any birth, death, paternity or adoption

data and such other documents or information necessary to comply

with the Uniform Parentage Act or for the purpose of assisting with

Oklahoma Statutes - Title 63. Public Health and Safety Page 179

programs administered by the Department of Human Services. The

Department of Human Services shall not release information, data or

records received from the State Department of Health for these

purposes in response to an Open Records Act request and shall

protect the integrity of the vital records data to the extent

required of the State Department of Health by Section 1-323 of this

title. The State Department of Health and the Department of Human

Services shall enter into a data sharing agreement for the purpose

of implementing the provisions of this section.
Okla. Stat. tit. 63, § 63-1-747.1 — OK Code / Title 63 / Section 63-1-747.1
Short title - Prioritization of Public Funding in the
Status: in_force

Purchasing of Family Planning and Counseling Services Act.

This act shall be known as the "Prioritization of Public Funding

in the Purchasing of Family Planning and Counseling Services Act".
Okla. Stat. tit. 63, § 63-1-857.2 — OK Code / Title 63 / Section 63-1-857.2
Decision granting or denying certificate of need for
Status: in_force

new long-term care facility - Written findings of facts, conclusions

of law and explanations required.

The Department is hereby directed, with respect to any decision

granting or denying a certificate of need for a new long-term care

facility, to issue in writing findings of fact, conclusions of law,

and explanations of any other pertinent considerations, including

precedents, upon which such decision is based. The Department shall

be allowed forty-five (45) days within which to issue a formal order

and opinion to the applicant and any parties opposed to the

application after the conclusion of the hearing, or after the

submission of additional evidence or briefs requested by the

Department.Oklahoma Statutes - Title 63. Public Health and Safety Page 15
Okla. Stat. tit. 63, § 63-1-834 — OK Code / Title 63 / Section 63-1-834
Prosecution of violations - Action for equitable relief
Status: in_force

A. The Attorney General, the State Department of Health or the

district attorney of the appropriate district court of Oklahoma may

bring an action in a court of competent jurisdiction for the

prosecution of a violation by any person of a provision of the

Residential Care Act or any rule promulgated pursuant thereto.

B. 1. Enforcement of any action for equitable relief to

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

Residential Care Act or for an injunction or recovery of any

administrative or civil penalty assessed pursuant to the Residential

Care Act may be brought by:

a. the district attorney of the appropriate district

court of the State of Oklahoma,

b. the Attorney General on behalf of the State of

Oklahoma in the appropriate district court of the

State of Oklahoma, or

c. the Department on behalf of the State of Oklahoma in

the appropriate district court of the State of

Oklahoma, or as otherwise authorized by law.

2. The court has jurisdiction to determine the action, and to

grant the necessary or appropriate relief including, but not limited

to, mandatory or prohibitive injunctive relief, interim equitable

relief, and punitive damages.
Okla. Stat. tit. 63, § 63-1-740.5 — OK Code / Title 63 / Section 63-1-740.5
Severability
Status: in_force

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

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

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

hereby declared to be severable and the balance shall remain

effective notwithstanding such unconstitutionality. The Legislature

hereby declares that it would have passed each provision, section,

subsection, sentence, clause, phrase or word thereof, irrespective

of the fact that any one or more provision, section, subsection,

sentence, clause, phrase or word be declared unconstitutional.
Okla. Stat. tit. 63, § 63-1-745.5 — OK Code / Title 63 / Section 63-1-745.5
Abortions prohibited when probable postfertilization
Status: in_force

age of unborn child is 20 or more weeks – Exceptions – Procedure for

abortion.

A. No person shall perform or induce or attempt to perform or

induce an abortion upon a woman when it has been determined, by the

physician performing or inducing or attempting to perform or induce

the abortion or by another physician upon whose determination that

physician relies, that the probable postfertilization age of the

woman's unborn child is twenty (20) or more weeks, unless, in

reasonable medical judgment, she has a condition which so

complicates her medical condition as to necessitate the abortion of

her pregnancy to avert her death or to avert serious risk of

substantial and irreversible physical impairment of a major bodily

function, not including psychological or emotional conditions. No

such condition shall be deemed to exist if it is based on a claim or

diagnosis that the woman will engage in conduct which she intends to

result in her death or in substantial and irreversible physical

impairment of a major bodily function.

B. When an abortion upon a woman whose unborn child has been

determined to have a probable postfertilization age of twenty (20)

or more weeks is not prohibited by this section, the physician shall

terminate the pregnancy in the manner which, in reasonable medical

judgment, provides the best opportunity for the unborn child to

survive, unless, in reasonable medical judgment, termination of the

pregnancy in that manner would pose a greater risk either of the

death of the pregnant woman or of the substantial and irreversible

physical impairment of a major bodily function, not including

psychological or emotional conditions, of the woman than would other

available methods. No such greater risk shall be deemed to exist if

it is based on a claim or diagnosis that the woman will engage in

conduct which she intends to result in her death or in substantial

and irreversible physical impairment of a major bodily function.
Okla. Stat. tit. 63, § 63-3080.3 — OK Code / Title 63 / Section 63-3080.3
Presumption of hydration and nutrition sufficient to
Status: in_force

sustain life.

It shall be presumed that every incompetent patient has directed

his health care providers to provide him with hydration and

nutrition to a degree that is sufficient to sustain life.
Okla. Stat. tit. 63, § 63-1-208.1 — OK Code / Title 63 / Section 63-1-208.1
Regional guidance centers and services
Status: in_force

(a) The State Board of Health may establish regional guidance

centers for regions designated by the Board, such regions to be

selected by the Board on the basis of area, geographical location,

population, and other factors deemed essential to indicate a need

for guidance services. The center for a region shall be in a county

having a county department of health or participating in a

cooperative, district, or city-county department of health, and

shall be under the administrative direction of the medical director

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

health, and under the supervision of the State Commissioner of

Health. The county board of health or the city-county board of

health of a county served by a regional guidance center and the

State Commissioner of Health may enter into agreements for payment

of operating expenses of the center, and the county board of health,

or city-county board of health, may include an amount for its part

of the costs in its budget or annual estimate of needs.

(b) The State Board of Health shall adopt rules, regulations,

and standards for the operation of regional guidance centers, and to

carry out the purposes of this section; and may formulate a schedule

of fees to be charged for guidance services furnished to persons who

Oklahoma Statutes - Title 63. Public Health and Safety Page 106

are financially able to pay for the services. The State Board of

Health may enter into agreements with individuals and with public or

private agencies for services to be furnished to a guidance center

and may also enter into agreements to furnish guidance services to

public or private agencies. All fees collected shall be remitted to

the State Commissioner of Health, who shall deposit the same in a

special account in the State Treasury. Such fees shall be accounted

for by region of source and shall be used by the State Commissioner

of Health to provide guidance services in the regions from which the

fees are derived. County funds payable under agreements entered

into under provisions of the preceding paragraph shall be accounted

for, obligated, expended and disbursed as directed by the State

Commissioner of Health. Provided, however, that by agreement

between a county or city-county board of health and the Commissioner

of Health, such county funds may be remitted to the State

Commissioner of health who shall deposit such funds in the same

special account in the State Treasury created for fees collected and

shall be disbursed as is provided for fees.

(c) Guidance services furnished in a region under the provisions

of this section shall, subject to existing laws, include evaluation,

counseling, and referral for treatment, when indicated, of

individuals with emotional or behavioral problems, and other persons

in need of guidance services; consultant services to law enforcement

agencies, schools, courts, other state or local agencies, and other

persons or agencies concerned with persons or families with mental

health and/or child development problems; and other guidance

services that are now or may be in the future authorized to be

performed by the State Department of Health or local departments of

health.
Okla. Stat. tit. 63, § 63-3401 — OK Code / Title 63 / Section 63-3401
Short title — Lori Brand Patient Bill of Rights Act of
Status: in_force

2025.

This act shall be known and may be cited as the “Lori Brand

Patient Bill of Rights Act of 2025”.
Okla. Stat. tit. 63, § 63-1-237.1 — OK Code / Title 63 / Section 63-1-237.1
Postponing Sexual Involvement for Young Teens program
Status: in_force

A. On or before January 1, 2011, the State Department of Health

shall contract with community or faith-based organizations in order

to expand the Postponing Sexual Involvement (PSI) for Young Teens

program. The purpose of the program shall be to reduce the

incidence of teen pregnancies in this state by encouraging teenagers

to abstain from sexual activities.

B. The Postponing Sexual Involvement (PSI) for Young Teens

program shall be directed to geographic areas in the state where the

teen birth rate is higher than the state average and where the

children and their families are in greatest need because of an

unfavorable combination of economic, social, environmental, and

health factors, including, without limitation, extensive poverty,

high crime rate, great incidence of low birth weight babies, high

incidence of alcohol and drug abuse, and high rates of teen

pregnancy. The selection of a geographic site shall also consider

the incidence of young children within these at-risk geographic

areas who are cocaine babies, children of teenage parents, low birth

weight babies, and very young foster children.

Oklahoma Statutes - Title 63. Public Health and Safety Page 153

C. Funding for this program shall be provided from the unused

funds from the Oklahoma Employer/Employee Partnership for Insurance

Coverage pursuant to Section 1010.1 of Title 56 of the Oklahoma

Statutes, not to exceed Five Hundred Thousand Dollars ($500,000.00).
Okla. Stat. tit. 63, § 63-1-735 — OK Code / Title 63 / Section 63-1-735
Sale of child, unborn child or remains of child -
Status: in_force

Experiments.

A. No person shall sell a child, an unborn child or the remains

of a child or an unborn child resulting from an abortion. No person

shall experiment upon a child or an unborn child resulting from an

abortion or which is intended to be aborted unless the

experimentation is therapeutic to the child or unborn child.

B. No person shall experiment upon the remains of a child or an

unborn child resulting from an abortion. The term "experiment" does

not include autopsies performed according to law.
Okla. Stat. tit. 63, § 63-1-1114 — OK Code / Title 63 / Section 63-1-1114
Rules and regulations - Enforcement
Status: repealed

(a) The authority to promulgate reasonable rules and regulations

for the efficient enforcement of this article is hereby vested in

the State Board of Health. The Board is hereby authorized to make

the reasonable rules and regulations promulgated under this article

conform, insofar as practicable, with those promulgated under the

Federal Act.

(b) Hearings authorized or required by this Article shall be

conducted by the State Board of Health or such officer, agent, or

employee as the Board may designate for the purpose.

(c) Before promulgating any reasonable rules and regulations

contemplated by Section 1108, Section 1110(j), or Section 1111 of

this article, the Board shall give appropriate notice of the

proposal and of the time and place for a hearing. The reasonable

rules and regulations so promulgated shall become effective on a

date fixed by the Board (which date shall not be prior to thirty

(30) days after its promulgation). Such reasonable rules and

regulations may be amended or repealed in the same manner as is

provided for their adoption, except that in the case of reasonable

rules and regulations amending or repealing any such reasonable

rules and regulations the Board, to such an extent as it deems

necessary in order to prevent undue hardship, may disregard the

foregoing provisions regarding notice, hearing, or effective date.
Okla. Stat. tit. 63, § 63-3111.9 — OK Code / Title 63 / Section 63-3111.9
Capacity presumption
Status: in_force

A. This act shall not be construed to affect the right of an

individual to make health care decisions while having capacity to do

so.

B. An individual is presumed to have capacity to make a health

care decision and to give or revoke powers of attorney for health

care.
Okla. Stat. tit. 63, § 63-2-411 — OK Code / Title 63 / Section 63-2-411
General penalty clause
Status: in_force

Any person who violates any provision of this act not subject to

a specific penalty provision is guilty of a misdemeanor punishable

by imprisonment in the county jail for not more than one (1) year,

or by a fine of not more than One Thousand Dollars ($1,000.00), or

by both such fine and imprisonment.
Okla. Stat. tit. 63, § 63-1-1301.20 — OK Code / Title 63 / Section 63-1-1301.20
Renumbered as § 7-420 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-2-310 — OK Code / Title 63 / Section 63-2-310
Samples
Status: in_force

No person shall distribute samples of controlled dangerous

substances to a practitioner without simultaneously preparing and

leaving with that practitioner a specific, written list of the items

so distributed, the form and control of which shall be prescribed by

rules promulgated by the Director.
Okla. Stat. tit. 63, § 63-1-210 — OK Code / Title 63 / Section 63-1-210
City-county board of health in certain counties -
Status: in_force

Membership.

A. There is hereby created in any county of this state with a

population of more than five hundred thousand (500,000), according

to the latest Federal Decennial Census, a city-county board of

health composed of nine (9) members.

B. The membership of the board shall be composed of five

members appointed by the city council of such city, or city

commission, whichever applies, and four members appointed by the

board of county commissioners of such county. Each member shall

serve a term of six (6) years, except, that of the members initially

appointed by the city council, or city commission, whichever

applies, one member initially appointed shall serve a term of two

(2) years, one member initially appointed shall serve a term of

three (3) years, one member initially appointed shall serve a term

of four (4) years, one member initially appointed shall serve a term

of five (5) years, and one member initially appointed shall serve a

term of six (6) years; provided, however, that in any such city

having a city board of health created under its charter provisions,

the members of such city board of health and the tenure of the city

board of health members of the city-county board of health shall be

coterminous with the city board of health. Of the members initially

appointed by the board of county commissioners, one member initially

appointed shall serve a term of two (2) years, one member initially

appointed shall serve a term of three (3) years, one member

initially appointed shall serve a term of five (5) years, and one

member initially appointed shall serve a term of six (6) years. The

appointing authority shall appoint new members as the terms of

office of its initial appointees expire. Wherever a city-county

board of health is now in existence, the current board members shall

be retained, until the termination of their present appointment, by

the appointing authorities.

C. A county board of health in any county of this state with a

population of more than two hundred twenty-five thousand (225,000),

but not more than five hundred thousand (500,000), according to the

latest Federal Decennial Census, may create a city-county board of

health as provided in this section composed of members as provided

by Section 1-201 of this title.
Okla. Stat. tit. 63, § 63-1-740.15 — OK Code / Title 63 / Section 63-1-740.15
Short title - Choosing Childbirth Act
Status: in_force

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

Childbirth Act".