Okla. Stat. tit. 63, § 63-1-229.33 — OK Code / Title 63 / Section 63-1-229.33
Prevention of Youth Access to Alcohol Revolving Fund
Status: in_force

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 "Prevention of Youth Access to Alcohol Revolving

Oklahoma Statutes - Title 63. Public Health and Safety Page 146

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

year limitations, and shall consist of all monies received by the

Department of Mental Health and Substance Abuse Services from fines

collected pursuant to Section 241 of this title. All monies

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

be budgeted and expended by the Department of Mental Health and

Substance Abuse Services for the purpose of programs and campaigns

to educate the public and law enforcement about the dangers and

consequences of providing alcohol to minors. 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.
Okla. Stat. tit. 63, § 63-4106 — OK Code / Title 63 / Section 63-4106
Exemptions
Status: in_force

An original or a transfer certificate of title shall be issued

without the payment of the excise tax levied by this act for:

1. Any vessel or motor owned by a nonresident which is already

registered in another state and has been in Oklahoma for a period in

excess of sixty (60) calendar days in any single registration year.

2. Any vessel or motor brought into this state by a person

formerly living in another state, who has owned and registered said

vessel or motor in such other state of his residence at least sixty

(60) calendar days prior to the time it is required to be registered

in this state;

3. Any vessel or motor registered by the United States, State

of Oklahoma or by any of the political subdivisions thereof;

4. Any vessel or motor the legal ownership of which is obtained

by the applicant for a certificate of title by inheritance;

5. Any vessel or motor which is owned and being offered for

sale by a person licensed as a dealer under the provisions of the

Oklahoma Vessel and Motor Registration Act, registered in Oklahoma

and the excise tax paid thereon;

6. Any vessel or motor, the ownership of which was obtained by

the lienholder or mortgagee under or by foreclosure of a lien or

mortgage in the manner provided by law or to the insurer under

subrogated rights arising by reason of loss under an insurance

contract;

7. Any vessel or motor, the legal ownership of which is

obtained by transfers:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1654

a. from one corporation to another corporation pursuant

to a reorganization. As used in this section, the

term "reorganization" means:

(1) a statutory merger or consolidation, or

(2) the acquisition by a corporation of substantially

all of the properties of another corporation when

the sole consideration is all or a part of the

voting stock of the acquiring corporation, or of

its parent or subsidiary corporation;

b. in connection with the winding up, dissolution or

liquidation of a corporation only when there is a

distribution in kind to the shareholders of the

property of such corporation;

c. to a corporation for the purpose of organization of

such corporation when the former owners of the vessel

or motor transferred are immediately after the

transfer in control of the corporation, and the stock

or securities received by each is substantially in

proportion to his interest in the vessel or motor

prior to the transfer;

d. to a partnership in the organization of such

partnership if the former owners of the vessel or

motor transferred are, immediately after the transfer,

members of such partnership and the interest in the

partnership received by each is substantially in

proportion to his interest in the vessel or motor

prior to the transfer;

e. from a partnership to the members thereof when made in

the dissolution of such partnership;

8. All vessels or motors owned by the council organizations or

similar state supervisory organizations of the Boy Scouts of

America, Girl Scouts of U.S.A. and the Campfire Girls; and

9. All vessels or motors owned by organizations which are

exempt from taxation pursuant to the provisions of Section 501(c)(3)

of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3), and

which are primarily devoted to the establishment, development,

operation, promotion, and participation in, alone or in conjunction

with others, educational and training programs and competitive

events to provide knowledge, information, or comprehensive skills

related to the sports of sailing, fishing, boating, and other

aquatic related activities.
Okla. Stat. tit. 63, § 63-3220 — OK Code / Title 63 / Section 63-3220
University Hospitals Authority - Annual report to
Status: in_force

Governor and Legislature.

The University Hospitals Authority shall submit an annual report

to the Governor, the President Pro Tempore of the Senate and the

Speaker of the House of Representatives. Such report shall be

submitted in accordance with the requirements for financial

statement audits in Section 212A of Title 74 of the Oklahoma

Statutes, and shall include an account of the operations and actions

of the Authority and an accounting of all revenue received and

disbursed by the Authority for the previous fiscal year. The report

shall include an accounting of expenses related to each of the

following:

1. Education and training of students of the University of

Oklahoma, resident physicians and others;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1530

2. Care and treatment of indigents for whom the Authority

receives any form of state or federal reimbursement; and

3. Research.
Okla. Stat. tit. 63, § 63-1-580 — OK Code / Title 63 / Section 63-1-580
Short title — Barbara Weber Amyotrophic Lateral
Status: in_force

Sclerosis (ALS) Grant Program.

This act shall be known and may be cited as the "Barbara Weber

Amyotrophic Lateral Sclerosis (ALS) Grant Program".
Okla. Stat. tit. 63, § 63-1-1001.4 — OK Code / Title 63 / Section 63-1-1001.4
Unlawful actions
Status: in_force

Unless otherwise provided by law, it shall be unlawful to:

1. Sell, lease, manufacture, renovate or repair bedding without

the proper permit from the Commissioner;

2. Manufacture, sell or deliver, lease, hold or offer for sale

any bedding or bedding material unless it is labeled in accordance

with rules promulgated pursuant to the provisions of the Oklahoma

Bedding Regulation Act;

3. Alter, mutilate, destroy, obliterate, or remove the whole or

any part of the labeling of, or the doing of any other act with

respect to, bedding or bedding materials, if such act is done while

such article is held for sale and results in such article being

mislabeled or unlabeled;

Oklahoma Statutes - Title 63. Public Health and Safety Page 561

4. Distribute or knowingly receive in commerce any bedding, or

bedding material, that is mislabeled, unlabeled or has been

manufactured, renovated, held or transported under unsanitary

conditions;

5. Disseminate any false or misleading advertisement;

6. Refuse to permit entry or inspection, or to permit the

taking of a sample, as authorized by Section 8 of this act;

7. Remove or dispose of a detained or embargoed article in

violation of Section 6 of this act;

8. Forge, counterfeit, simulate, or falsely represent, or

without proper authority use any mark, stamp, tag, label, or other

identification device authorized or required by rules promulgated

under the provisions of the Oklahoma Bedding Regulation Act;

9. Sell or lease any renovated bedding or secondhand bedding,

or any portions thereof, unless it is sanitized and labeled in

accordance with rules promulgated pursuant to the provisions of the

Oklahoma Bedding Regulation Act;

10. Renovate into bedding or bedding material any discarded

materials obtained from dump grounds, junk yards, or hospitals

within or without the State of Oklahoma; and

11. Remove or dispose of any detained or embargoed article by

sale or otherwise without such permission.
Okla. Stat. tit. 63, § 63-1-539.12 — OK Code / Title 63 / Section 63-1-539.12
Definitions
Status: in_force

As used in this section:

1. "Controlled dangerous substance" means a drug, substance or

immediate precursor in Schedules I through V of the Uniform

Controlled Dangerous Substances Act or any drug, substance or

immediate precursor listed either temporarily or permanently as a

federally controlled substance;

2. "First responder" means an individual who performs emergency

medical services on scene in accordance with the Oklahoma Emergency

Oklahoma Statutes - Title 63. Public Health and Safety Page 238

Response Systems Development Act and rules of the State Board of

Health promulgated thereto;

3. "Passive exposure" means when an individual is exposed to a

controlled dangerous substance without actually ingesting or using

the substance himself or herself; and

4. "Volunteer" means a person who enters into a service or

undertaking of the person's free will without compensation or

expectation of compensation in money or other thing of value in

order to provide a service, care, assistance, advice, or other

benefit; provided, being legally entitled to receive compensation

for the service or undertaking performed shall not preclude a person

from being considered a volunteer.
Okla. Stat. tit. 63, § 63-1-818.29 — OK Code / Title 63 / Section 63-1-818.29
Renumbered as § 1430.29 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-1103 — OK Code / Title 63 / Section 63-1-1103
Injunctions authorized
Status: in_force

In addition to the remedies hereinafter provided, the State

Commissioner of Health is hereby authorized to apply to the district

court for, and such court shall have jurisdiction upon hearing and

for cause shown to grant, a temporary or permanent injunction

restraining any person from violating any of the provisions of the

preceding section of this article, irrespective of whether or not

there exists an adequate remedy at law.
Okla. Stat. tit. 63, § 63-1-540 — OK Code / Title 63 / Section 63-1-540
Information campaign on DES
Status: in_force

The State Commissioner of Health shall establish special

programs with regard todiethylstilbestrol, hereinafter referred to

as DES, which shall:

1. Inform the public as to the potential hazards and

afflictions which may be related to exposure to DES and the symptoms

and prevention of associated malignancies, through the establishment

of a public information campaign on DES to identify and encourage

persons exposed to the drug to seek medical care for the prevention

or treatment of any malignant condition; and

2. Include programs for DES-exposed persons in existing

comprehensive screening units.
Okla. Stat. tit. 63, § 63-1-318.2 — OK Code / Title 63 / Section 63-1-318.2
Certificate of birth for stillborn child
Status: in_force

The Commissioner of Health shall establish a certificate of

birth resulting in stillbirth to be offered to the parent or parents

of a stillborn child. The medical staff treating the stillbirth

shall notify the parent of the ability to request the certificate.

The certificate shall be available to any parent of a stillborn

child upon proper application. This certificate shall not be used

as evidence of live birth or for identification purposes.
Okla. Stat. tit. 63, § 63-1-890.4 — OK Code / Title 63 / Section 63-1-890.4
Application to establish or license a continuum of
Status: in_force

care facility or assisted living center.

A. Each application for establishment of a continuum of care

facility or assisted living center shall be accompanied by a

nonrefundable application fee. The State Commissioner of Health

Oklahoma Statutes - Title 63. Public Health and Safety Page 550

shall develop a sliding fee scale not to exceed One Thousand Dollars

($1,000.00) for each application, except that any facility operated

by the Oklahoma Department of Veterans Affairs shall be exempt from

the fee. The scale shall be based upon the bed capacity of the

continuum of care facilities or assisted living centers.

B. Each application for an initial license, or renewal of the

license, to operate a continuum of care facility or assisted living

center shall be accompanied by a license fee. The initial license

fee shall be Ten Dollars ($10.00) for each bed included in the

maximum bed capacity at such facility or center and the renewal

license fee shall be Ten Dollars ($10.00) for each bed included in

the maximum bed capacity at such facility or center, per year of

licensure, except that any facility operated by the Oklahoma

Department of Veterans Affairs shall be exempt from these fees.

Each application for an initial or renewal license for a continuum

of care facility that includes an adult day care component shall be

accompanied by an additional license fee in an amount to be

determined by the Commissioner, but not to exceed Seventy-five

Dollars ($75.00) per year of licensure, except that any facility

operated by the Oklahoma Department of Veterans Affairs shall be

exempt from the fee.

C. Each application to establish or license a continuum of care

facility or assisted living center shall be on a form approved by

the Commissioner to include, but not be limited to, the following:

1. Disclosure of the applicant’s identity and background in the

operation of continuum of care and assisted living services; and

2. Evidence of the adequacy of the applicant’s financial

resources and ability to ensure adequate staffing.

D. The renewal license shall expire three (3) years from the

date of issuance. An initial license shall expire one hundred

eighty (180) days after the date of issuance. Renewal licenses may

be issued for a period of more than twelve (12) months, but not more

than thirty-six (36) months, for the license period immediately

following November 1, 2021, in order to permit an equitable

distribution of license expiration dates.
Okla. Stat. tit. 63, § 63-1-2006 — OK Code / Title 63 / Section 63-1-2006
Renumbered as § 2-7-113 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-2220.6 — OK Code / Title 63 / Section 63-2220.6
Education and awareness curricula for elementary and
Status: in_force

secondary schools.

The State Superintendent of Public Instruction shall develop and

implement in conjunction with the State Department of Health an

organ donor education and awareness curriculum for use in the

elementary and secondary schools of this state. The State Board of

Education shall promulgate rules to enact the provisions of this

section not later than the 2001-2002 school year.
Okla. Stat. tit. 63, § 63-142.9a — OK Code / Title 63 / Section 63-142.9a
Damage to underground facilities – Liability -
Status: in_force

Injunction.

A. Any excavator, except for a public agency who fails to

comply with the Oklahoma Underground Facilities Damage Prevention

Act and who damages an underground facility owned or operated by a

nonprofit rural water corporation organized pursuant to Section 863

of Title 18 of the Oklahoma Statutes or a rural water district

organized pursuant to the Rural Water, Sewer, Gas, and Solid Waste

Management Districts Act, shall be liable for the underground damage

to and responsible for the repair of such facilities. Any new

Oklahoma Statutes - Title 63. Public Health and Safety Page 1089

underground facilities installed on and after September 1, 1992,

shall contain materials capable of being detected so that the

facilities can be accurately located.

B. Any excavator who damages or cuts an underground facility,

as a result of negligently failing to comply with the provisions of

the Oklahoma Underground Facilities Damage Prevention Act or as a

result of failing to take measures for the protection of an

underground facility shall be liable to the operator of the

underground facility for the repair of the damaged underground

facility.

C. Except for public agencies, any excavator who by willful act

or by reckless disregard of the rights of others, repeatedly

violates the provisions of the Oklahoma Underground Facilities

Damage Prevention Act and repeatedly damages underground facilities,

thereby threatening the public health, safety, and welfare, may be

enjoined by a court of competent jurisdiction from further

excavation.
Okla. Stat. tit. 63, § 63-942a — OK Code / Title 63 / Section 63-942a
Appeal of medical examiner's findings
Status: in_force

A. The next of kin of the deceased may appeal the findings of

the medical examiner to the district court of Oklahoma County under

a petition for judicial review within two (2) years from the

completion of the report. Such appeal shall be made in writing,

shall state the nature and reasons for the appeal, and shall be

supported by affidavit. The burden of proof shall be on the

petitioner to establish by a preponderance of the evidence that the

death certificate is in error. The petitioner shall notify the

Office of the Chief Medical Examiner in writing upon filing the

petition for judicial review. No jury shall be impaneled and no

monetary damages shall be awarded under a cause of action filed

pursuant to this subsection.

B. The court shall conduct an evidentiary hearing. Should the

court find that the findings of the medical examiner are erroneous,

the court shall immediately order the Chief Medical Examiner to

correct the report and transmit the appropriate paperwork to the

State Department of Health for the correction of the death

certificate.
Okla. Stat. tit. 63, § 63-1-213 — OK Code / Title 63 / Section 63-1-213
Board of county commissioners - Rules and regulations -
Status: in_force

Fees.

A. The board of county commissioners in any county that

qualifies under Section 210 of this article is hereby authorized and

empowered to make and enforce all reasonable rules and regulations

with regard to the preservation and promotion of public health;

provided, that any such rules or regulations shall have first been

recommended or approved by the city-county board of health, and

further provided that such rules and regulations shall not be

inconsistent with state laws or rules and regulations of the State

Board of Health. Such rules and regulations shall be operative

throughout the county, except within the limits of incorporated

cities and towns. Any such rules adopted by county commissioners

relating to an establishment where food or drink is offered for sale

or sold shall not be more stringent than the rules for such

establishments adopted by the State Board of Health; provided, that

Oklahoma Statutes - Title 63. Public Health and Safety Page 110

rules adopted prior to May 31, 2008, which directly relate to

training and permit requirements for food managers and food handlers

and fees related to such establishments shall, in addition to the

license fee required by the State Board of Health, be exempt from

the provisions of this subsection.

B. The board of county commissioners is also authorized to

provide for the levying and collection of fees for services

performed by such city-county health department outside the

boundaries of incorporated cities and towns within such county. Any

person who violates any rule or regulation made by such board of

county commissioners under the authority of this section shall be

guilty of a misdemeanor.
Okla. Stat. tit. 63, § 63-485.7 — OK Code / Title 63 / Section 63-485.7
Bonds of members
Status: in_force

Each member of the Commission shall give bond to the State of

Oklahoma in the sum of One Thousand Dollars ($1,000.00) conditioned

for the honest and faithful performance of his duties, which bonds

shall be approved by the Governor and deposited in the office of the

Secretary of State.
Okla. Stat. tit. 63, § 63-1-1926 — OK Code / Title 63 / Section 63-1-1926
Involuntary transfer or discharge of resident -
Status: in_force

Grounds.

A facility shall not involuntarily transfer or discharge a

resident except for medical reasons, for the resident's safety or

for the safety of other residents, or for nonpayment for the

resident's stay, unless limited by the Federal Social Security Act.
Okla. Stat. tit. 63, § 63-1-725.14 — OK Code / Title 63 / Section 63-1-725.14
Included shoppable services
Status: in_force

A. Except as provided by subsection C of this section, a

hospital shall maintain and make publicly available a list of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 289

standard charges described by Section 3 of this act for each of at

least three hundred shoppable services provided by the hospital.

The hospital may select the shoppable services to be included in the

list, except that the list shall include:

1. The seventy services specified as shoppable services by the

Centers for Medicare and Medicaid Services; or

2. If the hospital does not provide all of the shoppable

services described by paragraph 1 of this subsection, as many of

those shoppable services the hospital does provide.

B. In selecting a shoppable service for purposes of inclusion

in the list required under subsection A of this section, a hospital

shall consider how frequently the hospital provides the service and

the hospital’s billing rate for that service.

C. If a hospital does not provide three hundred shoppable

services, the hospital shall maintain a list of the total number of

shoppable services that the hospital provides in a manner that

otherwise complies with the requirements of subsection A of this

section.

D. The list required under subsection A or C of this section,

as applicable, shall:

1. Include:

a. a plain-language description of each shoppable service

included on the list,

b. the payor-specific negotiated charge that applies to

each shoppable service included on the list and any

ancillary service, listed by the name of the third-

party payor and plan associated with the charge and

displayed in a manner that clearly associates the

charge with the third-party payor and plan,

c. the discounted cash price that applies to each

shoppable service included on the list and any

ancillary service or, if the hospital does not offer a

discounted cash price for one or more of the shoppable

or ancillary services on the list, the gross charge

for the shoppable service or ancillary service, as

applicable,

d. the de-identified minimum negotiated charge that

applies to each shoppable service included on the list

and any ancillary service,

e. the de-identified maximum negotiated charge that

applies to each shoppable service included on the list

and any ancillary service, and

f. any code used by the hospital for purposes of

accounting or billing for each shoppable service

included on the list and any ancillary service,

including the Current Procedural Terminology (CPT)

code, the Healthcare Common Procedure Coding System

Oklahoma Statutes - Title 63. Public Health and Safety Page 290

(HCPCS) code, the Diagnosis Related Group (DRG) code,

the National Drug Code (NDC), or other common

identifier; and

2. If applicable:

a. state each location at which the hospital provides the

shoppable service and whether the standard charges

included in the list apply at that location to the

provision of that shoppable service in an inpatient

setting, an outpatient department setting, or in both

of those settings, as applicable, and

b. indicate if one or more of the shoppable services

specified by the Centers for Medicare and Medicaid

Services is not provided by the hospital.

E. The list required under subsection A or C of this section,

as applicable, shall be:

1. Displayed in the manner prescribed by subsection E of

Section 3 of this act for the list required under that section;

2. Available:

a. free of charge,

b. without having to register or establish a user account

or password, and

c. without having to submit personal identifying

information;

3. Searchable by service description, billing code, and payor;

and

4. Updated in the manner prescribed by subsection G of Section

3 of this act for the list required under that section.

F. Notwithstanding any other provision of this section, a

hospital is considered to meet the requirements of this section if

the hospital maintains, as determined by the State Department of

Health, an Internet-based price estimator tool that:

1. Provides a cost estimate for each shoppable service and any

ancillary service included on the list maintained by the hospital

under subsection A of this section;

2. Allows a person to obtain an estimate of the amount the

person will be obligated to pay the hospital if the person elects to

use the hospital to provide the service; and

3. Is:

a. prominently displayed on the hospital’s publicly

accessible Internet website, and

b. accessible to the public:

(1) without charge, and

(2) without having to register or establish a user

account or password.
Okla. Stat. tit. 63, § 63-4210.1 — OK Code / Title 63 / Section 63-4210.1
Negligent homicide - Penalties
Status: in_force

A. When the death of any person ensues within one (1) year as a

proximate result of injury received by the operating of a vessel by

any person sixteen (16) years of age or older in reckless disregard

of the safety of others, the person so operating such vessel shall

be guilty of negligent homicide.

B. Any person convicted of negligent homicide shall be punished

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

or by a fine of not less than One Hundred Dollars ($100.00) and not

more than One Thousand Dollars ($1,000.00), or by both such fine and

imprisonment.
Okla. Stat. tit. 63, § 63-1-1001.7 — OK Code / Title 63 / Section 63-1-1001.7
Permits
Status: in_force

A. Each person engaged in the business of selling, leasing,

manufacturing, renovating or repairing any bedding shall have

obtained an annual permit from the Commissioner to sell or lease

bedding, or an annual permit from the Commissioner to manufacture,

renovate or repair bedding. Each person shall pay for such permit a

fee to be fixed by the State Board of Health. Unless otherwise

provided by rule by the Board, each such permit shall expire on the

30th day of June following its issuance. It is the intent of the

Legislature that any fees authorized by this section shall not

exceed the fees in effect on January 1, 1995, for the regulation of

bedding and bedding materials.

B. Each person who sells renovated or secondhand bedding or

bedding materials on a consignment basis as an auctioneer, itinerant

vendor or broker shall obtain a permit under subsection A of this

section. The renovated or secondhand bedding or bedding materials

shall be sanitized by a person who holds a permit pursuant to

subsection C of this section before it is sold to the public. The

provisions of this section shall not apply to the sale of bedding at

a private sale by a person not in the business of selling bedding or

to an auctioneer at private auction at the individual's residence.

C. 1. No person shall be considered to have qualified to apply

an acceptable sanitization process until such process has been

registered with the Commissioner and determined to be in compliance

with the rules, after which a permit shall then be issued by the

Commissioner which indicates an approved sanitization process.

Every person to whom a permit has been issued shall keep such permit

conspicuously posted on the premises of his place of business.

2. Holders of permits to apply a sanitization process shall be

required to keep an accurate record of all materials which have been

subjected to a sanitization process, including the source of the

material, the date of treatment, the type and time of treatment, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 564

the label identification number, and such records shall be available

for inspection at any reasonable time by authorized representatives

of the Commissioner. Such records shall be maintained for a period

of time to be adopted by rule by the Board.

D. Pursuant to the Oklahoma Administrative Procedures Act:

1. The Commissioner shall suspend or revoke or may refuse to

issue or renew any permit issued in accordance with the Oklahoma

Bedding Regulation Act upon proof of violation of any of the

provisions of the Oklahoma Bedding Regulation Act, or any rule

promulgated thereto; and

2. Any person whose permit has been revoked shall be ineligible

for a bedding permit for one (1) year. An application for a permit

to sell, lease, manufacture, repair or renovate bedding or bedding

material by such person following the one-year revocation shall be

subject to provisions as set forth in an initial permit.
Okla. Stat. tit. 63, § 63-1-2417 — OK Code / Title 63 / Section 63-1-2417
Renumbered as § 2-10-201 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1701.2 — OK Code / Title 63 / Section 63-1-1701.2
Administrative warrants
Status: in_force

The Department may apply to and obtain from a judge of the

district court, an administrative warrant as necessary to enforce

access to premises for investigation, inquiry and inspection under

the provisions of the Public Health Code and the rules and

regulations promulgated by the State Board of Health.
Okla. Stat. tit. 63, § 63-1081 — OK Code / Title 63 / Section 63-1081
Agreements as to payments by housing authority
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1330

In connection with any project of a housing authority located

wholly or partly within the area in which any state or local public

body is authorized to act, any state or local public body shall

agree with the housing authority with respect to the payment by the

authority of such sums in lieu of taxes for any year or period of

years as are determined by the governing body of the city or county

to be consistent with the maintenance of the low-rent character of

housing projects or the achievement of the purposes of this act.
Okla. Stat. tit. 63, § 63-124.8 — OK Code / Title 63 / Section 63-124.8
Responsibility of permit holders - Penalties
Status: in_force

A. Any firm, corporation, company or partnership shall ensure

that all personnel, field crews, magazine attendants, truck drivers,

supervisors and superintendents are fully conversant with all

provisions of this section and the rules promulgated hereunder. The

permit holder shall be responsible for violations committed by

employees working under the company or corporation permit.

B. Any person violating any of the provisions of this section

or any rules or regulations made thereunder shall be guilty of a

Class C2 felony offense and shall be punished by a fine of not more

than Five Thousand Dollars ($5,000.00), or by imprisonment as

provided for in subsections B through F of Section 20M of Title 21

of the Oklahoma Statutes, or by both such fine and imprisonment. If

such violation was committed with the knowledge or intent that any

explosive or blasting agent involved was to be used to kill, injure

or intimidate any person or unlawfully to damage any real or

personal property, the person or persons committing such violations,

upon conviction, shall be guilty of a Class B4 felony offense and

shall be punished by a fine of not more than Ten Thousand Dollars

($10,000.00), or imprisoned for not more than ten (10) years, or

both. If in a case involving such knowledge or intent personal

injury results, such person shall be guilty of a Class A1 felony

offense and shall be imprisoned for not more than twenty (20) years,

or fined not more than Twenty Thousand Dollars ($20,000.00), or

both; and if death results such person shall be subject to

imprisonment for any term of years or for life.
Okla. Stat. tit. 63, § 63-1-110.1 — OK Code / Title 63 / Section 63-1-110.1
Children First Fund
Status: in_force

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

fund for the State Department of Health to be designated the

"Children First Fund". The fund shall be a continuing fund, not

subject to fiscal year limitations, and shall consist of all monies

deposited to the credit of the fund by law. All monies accruing to

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

and expended by the State Department of Health for operation of

Children First family resource programs. Expenditures from the fund

shall be made upon warrants issued by the State Treasurer against

Oklahoma Statutes - Title 63. Public Health and Safety Page 87

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

Management and Enterprise Services for approval and payment.

B. The State Department of Health shall submit to the Speaker

of the House of Representatives, the President Pro Tempore of the

Senate, and the Governor by January 15 of each year, an annual

report, including a full accounting of administrative expenditures

from the fund for the prior fiscal year, and a summary detailing the

demographic characteristics of families served including, but not

limited to, the following:

1. Age and marital status of parent(s);

2. Household composition of families served;

3. Number of families accepted into the program, by location,

and average length of time enrolled;

4. Referrals made on behalf of families not accepted into the

program; and

5. Average actual expenditures per child during the most recent

state fiscal year.

C. Projects shall comply with the uniform components of the

State Plan for the Prevention of Child Abuse.

D. The Department shall forward to the Oklahoma Health Care

Authority a report of the total number of hours of nursing services

provided to families under Children First family resource programs.

The Oklahoma Health Care Authority shall submit such information to

the Centers for Medicaid and Medicare Services for purposes of

applying for federal matching funds and shall submit any necessary

applications for waivers to accomplish the provisions of this

subsection.

E. The State Department of Health shall contract with a

university-related program for a performance-based evaluation of

programs. Program sites shall fully cooperate and comply with the

evaluation process, and sites shall provide weekly caseload and

referral information to the State Department of Health.
Okla. Stat. tit. 63, § 63-1-558 — OK Code / Title 63 / Section 63-1-558
State income tax return check-off
Status: in_force

A. The Oklahoma Tax Commission shall include on each state

individual income tax return form for tax years beginning after

January 1, 2004, and each state corporate tax return form for tax

years beginning after January 1, 2004, an opportunity for the

taxpayer to donate from a tax refund for the benefit of the Oklahoma

Breast and Cervical Cancer Act.

B. The monies generated from donations made pursuant to

subsection A of this section shall be used by the State Department

of Health for the purposes specified in the Oklahoma Breast and

Cervical Cancer Act.

C. All monies generated pursuant to subsection A of this

section shall be paid to the State Treasurer and placed to the

credit of the Breast and Cervical Cancer Act Revolving Fund.

Oklahoma Statutes - Title 63. Public Health and Safety Page 252
Okla. Stat. tit. 63, § 63-5013.2 — OK Code / Title 63 / Section 63-5013.2
Program to recognize family caregivers — Providing
Status: in_force

services to Medicaid members through a licensed home care agency —

Requirements.

A. As used in this section:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1720

1. “Family member” means a child, parent, parent-in-law,

sibling, grandparent, grandchild, spouse, or any other individual

related by blood, and any other individual with a close association

that is the equivalent of a family relationship; and

2. “Home care agency” and “skilled care” have the same meanings

as provided by Section 1-1961 of Title 63 of the Oklahoma Statutes.

B. Not later than one year after the effective date of this act

and subject to receipt of federal approval for the program, the

Oklahoma Health Care Authority shall establish a program under which

a family member of a Medicaid member may be recognized as a family

caregiver and, after receiving such recognition, may, under the

direction and supervision of a Registered Nurse, provide services to

the Medicaid member through a licensed home care agency under the

reimbursement rates established under subsection F of this section,

provided that the Medicaid member is:

1. Under the age of twenty-one (21) years; and

2. Approved to receive private duty nursing services, or paid

family caregiver benefits in lieu of private duty nursing services.

C. 1. The program established under this section shall require

the family caregiver to fulfill such requirements or meet such

qualifications as may be prescribed by the Oklahoma Health Care

Authority Board. Such requirements shall include, but not be

limited to, completion of a criminal history background check.

2. The Board may prescribe standards for training, competency

evaluation, and such other requirements or qualification criteria as

the Board deems necessary and appropriate.

D. The Board shall establish scope of practice standards and

restrictions for services that a recognized family caregiver may

provide to a Medicaid enrollee. The scope of practice may include

necessary and appropriate skilled care tasks. In establishing such

standards and restrictions, the Board shall consider the advice of

the State Department of Health.

E. It shall be the duty of the home care agency to ensure that

a recognized family caregiver meets the qualifications and

requirements prescribed by this section and rules promulgated by the

Board.

F. Reimbursable services provided by a recognized family

caregiver under the program established under this section shall be

reimbursed to a home care agency at a rate established by the

Authority.

G. 1. The Board shall promulgate rules as necessary to

implement this section.

2. The Administrator of the Authority shall apply for such

state plan amendments or waivers as may be necessary to implement

this section and to secure federal financial participation for state

Medicaid expenditures under the federal Medicaid program.
Okla. Stat. tit. 63, § 63-2658 — OK Code / Title 63 / Section 63-2658
License policy
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1418

No person or governmental unit acting severally or jointly with

any other person or governmental unit shall establish, conduct or

maintain an ambulatory surgical center in this state without a

license under this act issued by the Commissioner.
Okla. Stat. tit. 63, § 63-3080.4 — OK Code / Title 63 / Section 63-3080.4
Presumption of nutrition and hydration, when
Status: in_force

inapplicable.

A. The presumption pursuant to Section 3080.3 of this title

shall not apply if:

1. The attending physician of the incompetent patient knows

that the patient, when competent, decided on the basis of

information sufficient to constitute informed consent that

artificially administered hydration or artificially administered

nutrition should be withheld or withdrawn from him;

2. A court finds by clear and convincing evidence that the

patient, when competent, decided on the basis of information

sufficient to constitute informed consent that artificially

administered hydration or artificially administered nutrition should

be withheld or withdrawn from him;

3. An advance directive has been executed pursuant to the

Oklahoma Natural Death Act specifically authorizing the withholding

or withdrawal of nutrition and/or hydration;

4. An advance directive has been executed pursuant to the

Oklahoma Rights of the Terminally Ill or Persistently Unconscious

Act specifically authorizing the withholding or withdrawal of

nutrition and/or hydration;

5. An advance directive for health care has been executed

pursuant to the Oklahoma Advance Directive Act specifically

authorizing the withholding or withdrawal of nutrition and/or

hydration;

6. In the reasonable medical judgment of the incompetent

patient's attending physician and a second consulting physician,

artificially administered hydration or artificially administered

nutrition will itself cause severe, intractable, and long-lasting

pain to the incompetent patient or such nutrition or hydration is

not medically possible; or

7. In the reasonable medical judgment of the incompetent

patient's attending physician and a second consulting physician:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1453

a. the incompetent patient is chronically and

irreversibly incompetent,

b. the incompetent patient is in the final stage of a

terminal illness or injury, and

c. the death of the incompetent patient is imminent.

B. No advance directive shall be deemed to satisfy the

provisions of subsection A of this section unless the advance

directive complies with the requirements of Section 3101.4 or

Section 3101.14 of this title.

C. Hydration or nutrition may not be withheld or withdrawn

pursuant to paragraph 7 of subsection A of this section if this

would result in death from dehydration or starvation rather than

from the underlying terminal illness or injury.
Okla. Stat. tit. 63, § 63-330.87 — OK Code / Title 63 / Section 63-330.87
Renumbered as § 2454 of this title by Laws 1990, c
Status: in_force

320, § 19, emerg. eff. May 30, 1990.
Okla. Stat. tit. 63, § 63-1-311.3 — OK Code / Title 63 / Section 63-1-311.3
Information regarding acknowledgment of paternity to
Status: in_force

be provided to unmarried mother – Availability of forms –

Supplementary birth certificate.

A. Unless an adoption decree has been presented, and consent to

adoption has been given as otherwise provided by law, upon the birth

of a child to an unmarried woman, the person required by Section 1-

311 of this title to prepare and file a birth certificate shall:

1. Provide written materials and an oral, audio, or video

presentation to the child's mother and/or natural father including

an acknowledgment of paternity on a form prescribed by the

Department of Human Services. The completed acknowledgment of

paternity shall be filed with the State Department of Health,

Division of Vital Records;

2. Provide written information, furnished by the Department of

Human Services, along with an oral, audio, or video presentation, to

the mother and acknowledging father:

a. explaining that the completed acknowledgment of

paternity shall be filed with the State Department of

Health, Division of Vital Records,

b. regarding the benefits of having her child's paternity

established and of the availability of paternity

establishment services, including a request for

support enforcement services,

c. explaining the implications of signing, including

parental rights and responsibilities, and

d. explaining the time limitations to rescind and/or

challenge the acknowledgment of paternity pursuant to

the Uniform Parentage Act; and

3. Provide the original acknowledgment of paternity to the

State Department of Health, Division of Vital Records. Failure to

provide the original acknowledgment of paternity to the State

Department of Health, Division of Vital Records shall not affect the

validity of the executed acknowledgment of paternity as provided by

the Uniform Parentage Act. Copies of the original acknowledgment of

paternity shall be provided to the Department of Human Services,

Oklahoma Statutes - Title 63. Public Health and Safety Page 180

Child Support Enforcement Division, and to the mother and

acknowledged father of the child. The Department of Human Services

shall provide access to the acknowledgment of paternity via

electronic means to the paternity registry created pursuant to

Section 7506-1.1 of Title 10 of the Oklahoma Statutes.

B. The Department of Human Services shall make the

acknowledgment of paternity, rescission of acknowledgment of

paternity, and denial of paternity forms available at each county

office of the Department of Human Services and at the State

Department of Health, Division of Vital Records.

C. Upon receipt by the State Department of Health, Division of

Vital Records of a certified copy of an order or decree of adoption,

the State Department of Health, Division of Vital Records shall

prepare a supplementary birth certificate as directed by Section

7505-6.6 of Title 10 of the Oklahoma Statutes regardless of whether

an acknowledgment of paternity has been prepared or filed with the

State Department of Health, Division of Vital Records pursuant to

this section.
Okla. Stat. tit. 63, § 63-2166 — OK Code / Title 63 / Section 63-2166
Contracts for blood and blood products
Status: in_force

Regional blood service systems operating within the state shall

establish plans and procedures for the exchange of blood and blood

products on a basis of regularly scheduled shipments based upon past

use and anticipated needs. Prior to contracting with out-of-state

blood suppliers for blood products, blood service systems operating

within the state shall first seek to contract with other systems

operating within the state and shall not enter into contracts for

shipments of blood and blood products from service systems not

operating within the state until after exhausting efforts to

establish a contractual agreement for shipments from blood service

systems operating within the state.
Okla. Stat. tit. 63, § 63-1-728c — OK Code / Title 63 / Section 63-1-728c
Prohibits employer discrimination - Applicable
Status: in_force

circumstances.

An employer shall not discriminate against an employee or

prospective employee by refusing to reasonably accommodate the

religious observance or practice of the employee or prospective

employee, unless the employer can demonstrate that the accommodation

would pose an undue hardship on the program, enterprise, or business

of the employer, in the following circumstances:

1. An abortion as defined in Section 1-730 of Title 63 of the

Oklahoma Statutes. The provisions of this section shall not apply

if the pregnant woman suffers from a physical disorder, physical

injury, or physical illness which, as certified by a physician,

causes the woman to be in imminent danger of death unless an

abortion is immediately performed or induced and there are no other

competent personnel available to attend to the woman. As used in

this act, the term "abortion" shall not include the prescription of

contraceptives;

2. An experiment or medical procedure that destroys an in vitro

human embryo or uses cells or tissue derived from the destruction of

an in vitro human embryo;

3. An experiment or medical procedure on an in vitro human

embryo that is not related to the beneficial treatment of the in

vitro human embryo;

4. An experiment or medical procedure on a developing child in

an artificial womb, at any stage of development, that is not related

to the beneficial treatment of the developing child;

5. A procedure, including a transplant procedure, that uses

fetal tissue or organs that come from a source other than a

stillbirth or miscarriage; or

6. An act that intentionally causes or assists in causing the

death of an individual by assisted suicide, euthanasia, or mercy

killing.
Okla. Stat. tit. 63, § 63-1-757.11 — OK Code / Title 63 / Section 63-1-757.11
Violations – Civil penalties
Status: in_force

A. In addition to whatever remedies are available under the

common or statutory law of this state, failure to comply with the

requirements of this act shall:

1. Provide a basis for a civil malpractice action for actual

and punitive damages;

2. Provide a basis for a professional disciplinary action; and

3. Provide a basis for recovery for the woman's survivors for

the wrongful death of the woman.

B. When requested, the court shall allow a woman to proceed

using solely her initials or a pseudonym and may close any

proceedings in the case and enter other protective orders to

preserve the privacy of the woman upon whom the drug-induced

abortion was attempted, induced or performed.

C. If judgment is rendered in favor of the plaintiff, the court

shall also render judgment for reasonable attorney fees in favor of

the plaintiff against the defendant.

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

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

bad faith, the court may render judgment for reasonable attorney

fees in favor of the defendant against the plaintiff.

E. A cause of action for injunctive relief against a person who

has provided an abortion-inducing drug in violation of this act may

be maintained by:

1. A woman to whom such an abortion-inducing drug was provided;

2. A person who is the spouse, parent or guardian of, or a

current or former licensed health care provider of, a woman to whom

such an abortion-inducing drug was provided; or

3. A prosecuting attorney with appropriate jurisdiction.

The injunction shall prevent the defendant from providing

further abortion-inducing drugs in violation of this act.
Okla. Stat. tit. 63, § 63-1-738.14 — OK Code / Title 63 / Section 63-1-738.14
Violation of Act - Penalties
Status: in_force

Any person who knowingly or recklessly performs or attempts to

perform an abortion in violation of the Unborn Child Pain

Awareness/Prevention Act shall be guilty of a Class D2 felony

offense. Any physician who knowingly or recklessly submits a false

report under subsection C of Section 13 of this act shall be guilty

of a misdemeanor. No penalty may be assessed against the female

upon whom the abortion is performed or attempted to be performed.

No penalty or civil liability may be assessed for failure to comply

with Section 8 of this act requiring a written certification that

the female has been informed of the opportunity to review the

information referred to in Section 8 of this act unless the State

Department of Health has made the printed materials available at the

time the physician or the agent of the physician is required to

inform the female of the right to review the materials.
Okla. Stat. tit. 63, § 63-1-865.1 — OK Code / Title 63 / Section 63-1-865.1
Sheltered Workshop Act
Status: in_force

A. This act shall be known and may be cited as the “Sheltered

Workshop Act”.

B. The Sheltered Workshop Act allows individuals with

developmental disabilities opportunities to participate in

meaningful work or training activities. Each workshop will be

licensed and provide a safe environment.
Okla. Stat. tit. 63, § 63-1-1002.2 — OK Code / Title 63 / Section 63-1-1002.2
Requirements for retailers of bunk beds
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 565

Retailers of bunk beds shall comply with the following

requirements:

1. Each set of bunk beds must be posted with an indelible

warning which conforms with American Society for Testing and

Materials International or U.S. Consumer Product Safety Commission

Standards; and

2. No retailer shall sell a set of bunk beds which does not

limit the space between the lower edge of the guard rail and the

upper edge of the bed frame of the upper bunk bed to three and one-

half (3 1/2) inches or less.
Okla. Stat. tit. 63, § 63-123.1 — OK Code / Title 63 / Section 63-123.1
Responsibility for administration, regulation and
Status: in_force

enforcement of blasting operations or activities - Certification of

blasters.

A. Pursuant to the Oklahoma Explosives and Blasting Regulation

Act, except as otherwise provided by this part, the Department of

Mines shall be responsible for the administration, regulation and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1068

enforcement of all blasting operations or activities, and the

storage and use of all blasting agents and explosives by any person,

which is not located within the area of a mining operation or site.

B. Except as otherwise provided by this part, it shall be

unlawful for any person to store or use any blasting agents or

explosives, or conduct, supervise or control a blasting operation in

this state without first complying with the provisions of the

Oklahoma Explosives and Blasting Regulation Act and rules

promulgated by the Oklahoma Mining Commission.

C. Except as otherwise required by this part, by January 1,

1996:

1. Any person performing blasting activity shall be certified

as a blaster by the Department of Mines;

2. All blasting operations shall be conducted under the

direction of a certified blaster. Blaster certification may be

obtained from the Department upon application and proof of

competency as determined by rules of the Department; and

3. Before January 1, 1996, all blasting operations and

activities shall be conducted by competent, experienced persons who

understand the hazards involved.

D. Any blaster certification issued by the Department shall be

carried by the blaster or shall be on file at the blasting area

during blasting operations.

E. A blaster and at least one other person shall be present at

the firing of a blast.
Okla. Stat. tit. 63, § 63-2-203 — OK Code / Title 63 / Section 63-2-203
Schedule I characteristics
Status: in_force

Schedule I includes substances with the following

characteristics:

1. High potential for abuse;

2. No accepted medical use in the United States or lacks

accepted safety for use in treatment under medical supervision.
Okla. Stat. tit. 63, § 63-2-101.2 — OK Code / Title 63 / Section 63-2-101.2
Definitions
Status: in_force

A. As used in this section:

1. "Glass tube" means an object which meets all of the

following requirements:

a. a hollow glass cylinder, either open or closed at

either end,

b. not less than two (2) nor more than seven (7) inches

in length,

c. not less than one-eighth (1/8) inch nor more than

three-fourths (3/4) inch in diameter,

d. may be used to facilitate, or intended or designed to

facilitate, violations of the Uniform Controlled

Dangerous Substances Act including, but not limited

to, processing, preparing, testing, analyzing,

packaging, repackaging, storing, containing, and

concealing controlled substances and injecting,

ingesting, inhaling, or otherwise introducing

controlled substances into the human body, and

e. sold individually, or in connection with another

object such as a novelty holder, flower vase, or pen.

Oklahoma Statutes - Title 63. Public Health and Safety Page 889

The foregoing descriptions are intended to be

illustrative and not exclusive;

2. “Patron” means a person who enters a business for the

purpose of purchasing or viewing as a shopper, merchandise offered

for sale at the business; and

3. "Retailer" means a person, corporation, or partnership

primarily engaged in the sale of consumable goods and services

including, but not limited to, food and gasoline, at retail to the

general public. A retailer shall not include any person,

corporation, or partnership that sells specialized laboratory

equipment for research or educational purposes.

B. It shall be unlawful for a retailer within the State of

Oklahoma to offer for retail sale to any patron a glass tube, as

defined in subsection A of this section.

C. A retailer, or an employee of the retailer, who willfully

and knowingly violates the provisions of subsection B of this

section shall, upon conviction, be guilty of a misdemeanor

punishable by incarceration in the county jail for not more than one

(1) year, or by a fine of not less than One Thousand Dollars

($1,000.00), or by both such fine and imprisonment.

D. The provisions of this section shall not be construed to

prohibit the sale of cigars packaged by the manufacturer in

containers or tubes made of glass to facilitate the sale of the item

and not for another purpose prohibited by law.
Okla. Stat. tit. 63, § 63-2-423 — OK Code / Title 63 / Section 63-2-423
Liability for civil damages
Status: in_force

A. A person who knowingly participates in the illegal drug

market within this state is liable for civil damages as provided in

the Drug Dealer Liability Act. A person may recover damages under

this act for injury resulting from use of an illegal drug by that

person.

B. A law enforcement officer or agency, the state, or a person

acting at the direction of a law enforcement officer or agency of

the state is not liable for participating in the illegal drug

market, if the participation is in furtherance of an official

investigation.
Okla. Stat. tit. 63, § 63-1-2710 — OK Code / Title 63 / Section 63-1-2710
Short title
Status: in_force

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

Loan Repayment Act".
Okla. Stat. tit. 63, § 63-1-206 — OK Code / Title 63 / Section 63-1-206
Functions of health departments
Status: reserved

A. A county department of health, a district department of

health, a cooperative department of health, and a city-county

department of health shall, in their respective jurisdictions:

1. Maintain programs for disease prevention and control, health

education, guidance, maternal and child health, including school

health services, health in the working environment, nutrition and

other matters affecting the public health;

2. Provide preventive services to the chronically ill and aged;

3. Maintain vital records and statistics;

4. Assist the State Commissioner of Health in the performance

of official duties, and perform such other acts as may be required

by the Commissioner; and

5. Enter into written agreements with the governing body of any

municipality or county for the performance of services within the

respective jurisdictions and authorities that are necessary and

proper pursuant to the authority granted to municipalities and

counties by the Constitution and the laws of this state.

B. A county department of health, a district department of

health, a cooperative department of health, and a city-county

Oklahoma Statutes - Title 63. Public Health and Safety Page 103

department of health may maintain programs for mental health and day

care for children.

C. Nothing contained herein relating to pollution shall be in

conflict with the existing jurisdiction of any other state

environmental agency.

D. Except as otherwise provided by law, responsibility for the

licensing and inspection of nursing facilities and specialized

facilities, as defined in the Nursing Home Care Act and for the

enforcement of state health and safety standards applicable to such

facilities, shall be reserved to the State Department of Health and

shall be exercised pursuant to the provisions of the Nursing Home

Care Act.

E. Except as otherwise provided by law, responsibility for the

licensing and inspection of any establishment where food or drink is

offered for sale or sold, in accordance with the provisions of

Section 1-1118 of this title, and for the enforcement of state

health and safety standards applicable to such establishments, shall

be reserved to the State Department of Health.
Okla. Stat. tit. 63, § 63-1-2105 — OK Code / Title 63 / Section 63-1-2105
Renumbered as § 2-8-202 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-142.13 — OK Code / Title 63 / Section 63-142.13
Enforcement authority – Corporation Commission
Status: in_force

The Corporation Commission is hereby designated as the agency to

enforce the provisions of the Oklahoma Underground Facilities Damage

Prevention Act, Section 142.1 et seq. of Title 63 of the Oklahoma

Statutes, over excavation or demolition on or near or directly over

the location of, and notice of damage to, oil and natural gas

physical facilities which are described by the currently effective

definition of "pipeline" in 49 CFR Part 192.3 and "pipeline" and

"pipeline system" in 49 CFR Part 195.2. Enforcement authority

granted in this section shall be concurrent with and shall not be

construed to modify or limit any private right of action, including

those available pursuant to Section 142.9a of Title 63 of the

Oklahoma Statutes. Terms used in this section shall be as defined

in the Oklahoma Underground Facilities Damage Prevention Act.
Okla. Stat. tit. 63, § 63-1-854.1 — OK Code / Title 63 / Section 63-1-854.1
Appeal of findings
Status: in_force

Any final determination by the State Department of Health

pursuant to the Long-term Care Certificate of Need Act may be

appealed by the applicant, or any other aggrieved party under the

provisions of Sections 317 and 318 of Article II of the

Administrative Procedures Act; provided, that the venue for such

appeal shall be in Oklahoma County or in the county in which the

facility at issue in the application is located.
Okla. Stat. tit. 63, § 63-1-2506.1 — OK Code / Title 63 / Section 63-1-2506.1
Administration of opiate antagonists by first
Status: in_force

responders - Liability.

A. As used in this section:

1. “Certified alcohol and drug counselor” means any person who

is not exempt pursuant to the provisions of Section 1872 of Title 59

of the Oklahoma Statutes and is not licensed under the Licensed

Alcohol and Drug Counselors Act, but who provides alcohol and drug

counseling services within the scope of practice while employed by

an entity certified by the Department of Mental Health and Substance

Abuse Services, or who is exempt from such certification, or who is

under the supervision of a person recognized by the Oklahoma Board

of Licensed Alcohol and Drug Counselors as a supervisor. A

certified alcohol and drug counselor may provide counseling services

for co-occurring disorders if he or she has been certified by the

Board to provide counseling as provided in this section for co-

occurring disorders;

2. “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;

3. “Licensed alcohol and drug counselor” means any person who

provides alcohol and drug counseling services within the scope of

practice, including co-occurring disorders, for compensation to any

person and is licensed pursuant to the provisions of the Licensed

Alcohol and Drug Counselors Act. The term licensed alcohol and drug

counselor shall not include those professions exempted by Section

1872 of Title 59 of the Oklahoma Statutes; and

4. “Medical personnel at schools” means a certified school

nurse or any other nurse employed by or under contract with a

Oklahoma Statutes - Title 63. Public Health and Safety Page 831

school, any licensed practitioner of the healing arts, or any person

designated by the school administration to administer an emergency

opioid antagonist in the event of a suspected overdose pursuant to

Section 1210.242 of Title 70 of the Oklahoma Statutes.

B. First responders shall have the authority to administer,

without prescription, emergency opioid antagonists when encountering

an individual exhibiting signs of an opioid overdose.

C. First responders may provide, without prescription,

emergency opioid antagonists to individuals who have experienced or

witnessed an opioid overdose for use by those individuals at a later

date.

D. For the purposes of this section, a first responder shall

include:

1. Law enforcement officials;

2. Emergency medical technicians;

3. Firefighters;

4. Medical personnel at schools including any public or charter

schools, technology center schools and institutions of higher

education;

5. Forensic laboratory personnel of the Oklahoma State Bureau

of Investigation as designated by the Director;

6. Personnel of the Department of Corrections or of any entity

that contracts with the Department of Corrections to provide housing

or services for inmates of the Department of Corrections; and

7. Certified alcohol and drug counselors and licensed alcohol

and drug counselors.

E. Any first responder who administers or provides 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 first responder except

for committing gross negligence or willful wanton wrongs in

administering or providing such emergency opioid antagonist.
Okla. Stat. tit. 63, § 63-1-744.1 — OK Code / Title 63 / Section 63-1-744.1
Definitions
Status: in_force

As used in the Parental Notification for Abortion Act:

1. "Parent" means one parent of the pregnant minor, or the

guardian or conservator if the pregnant female has one;

2. "Abortion" means the use of any means intentionally to

terminate the pregnancy of a female known to be pregnant with

knowledge that the termination with those means will, with

reasonable likelihood, cause the death of the fetus;

3. "Fetus" means any individual human organism from

fertilization to birth;

4. "Medical emergency" means the existence of any physical

condition, not including any emotional, psychological, or mental

condition, which a reasonably prudent physician would determine

necessitates the immediate abortion of the female's pregnancy to

avert her death or to avert substantial and irreversible impairment

of a major bodily function arising from continued pregnancy;

5. "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

6. "Physician" means any person licensed to practice medicine

and surgery or osteopathic medicine and surgery in this state.
Okla. Stat. tit. 63, § 63-1-738.3e — OK Code / Title 63 / Section 63-1-738.3e
Violation of ultrasound requirement - Injunctive
Status: in_force

relief - Action for damages - License suspension.

A. An abortion provider who knowingly violates a provision of

Section 2 of this act shall be liable for damages as provided in

Oklahoma Statutes - Title 63. Public Health and Safety Page 330

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

this section in an appropriate court.

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

who has knowingly violated a provision of Section 2 of this act may

be maintained by the woman upon whom an abortion was performed or

attempted to be performed in violation of this act; any person who

is the spouse, parent, sibling or guardian of, or a current or

former licensed health care provider of, the female upon whom an

abortion has been performed or attempted to be performed in

violation of this act; by a district attorney with appropriate

jurisdiction; or by the Attorney General. The injunction shall

prevent the abortion provider from performing further abortions in

violation of this act in the State of Oklahoma.

C. Any person who knowingly violates the terms of an injunction

issued in accordance with this section shall be subject to civil

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

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

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

third violation, and for each succeeding violation an amount in

excess of One Hundred Thousand Dollars ($100,000.00) that is

sufficient to deter future violations. The fines shall be the

exclusive penalties for such contempt. Each performance or

attempted performance of an abortion in violation of the terms of an

injunction is a separate violation. These fines shall be

cumulative. No fine shall be assessed against the woman on whom an

abortion is performed or attempted.

D. A pregnant woman upon whom an abortion has been performed in

violation of Section 2 of this act, or the parent or legal 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 for any knowing or reckless

violation of this act for actual and punitive damages.

E. An abortion provider who performed an abortion in violation

of Section 2 of this act shall be considered to have engaged in

unprofessional conduct for which the provider's certificate or

license to provide health care services in this state may be

suspended or revoked by the State Board of Medical Licensure and

Supervision or the State Board of Osteopathic Examiners.
Okla. Stat. tit. 63, § 63-3102.2 — OK Code / Title 63 / Section 63-3102.2
Advance directive forms database
Status: in_force

A. The State Department of Health shall maintain a

website of advance directive forms that may be

downloaded for printing and into word processing

programs.

B. Under the heading "Statutory Advance Directive Form", the

website shall include the forms specified in subsection C of Section

3101.4 of this title.

C. Under the heading "Alternative Advance Directive Forms", the

website shall include other advance directive forms submitted to the

Department by individuals and groups in an electronic format the

Department shall specify; provided, that before being posted on the

website, any such form shall be reviewed to ensure that the form

complies with the requirements of Section 3101.4 of this title and

other provisions of state law.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1473

D. In the section titled "Alternative Advance Directive Forms",

the website shall prominently post the following disclaimer:

"This website includes for your consideration alternative

advance directive forms submitted by individuals or groups

reflecting different perspectives on advance health care decisions

which you may wish to review before completing your own advance

directive. Although they have been reviewed to ensure that they do

not violate Oklahoma law, neither the State Department of Health nor

the State of Oklahoma endorses or assumes any responsibility for any

of these forms."

E. The State Department of Health shall promulgate rules

necessary to implement the provisions of this act.
Okla. Stat. tit. 63, § 63-1-1301.12 — OK Code / Title 63 / Section 63-1-1301.12
Renumbered as § 7-412 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1-501 — OK Code / Title 63 / Section 63-1-501
Definitions
Status: in_force

For the purposes of this article:

(a) The term "disease" means the disturbances of the normal

functions or alterations of the state of the human body resulting in

physical or mental ill health and/or disability.

(b) The term "prevention" means any and all conditions that may

preclude or reduce the possibility of the onset or beginning of

disease.

(c) The term "control" means any and all procedures which

modify, or may modify, favorably the course of disease.

(d) The term "communicable disease" means an illness due to a

specific infectious agent or its toxic products, arising through

transmission of that agent or its products from reservoir to

susceptible host, either directly as from an infected person or

animal, or indirectly through the agent of an intermediate plant or

animal host, a vector, or the inanimate environment. It also means

an infestation by an ectoparasite and similar species.
Okla. Stat. tit. 63, § 63-1-2202 — OK Code / Title 63 / Section 63-1-2202
Renumbered as § 1150.7 of Title 59 by Laws 1993, c
Status: in_force

145, § 360, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-2-503.1i — OK Code / Title 63 / Section 63-2-503.1i
Interception, seizure and forfeiture of funds or
Status: in_force

equipment.

A. The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control shall have authority to intercept, seize and forfeit any

funds or equipment in violation of any provision of the Drug Money

Laundering and Wire Transmitter Act or in violation of Section 2-

503.1 of this title.

B. A warrant for the seizure of property pursuant to Section

1222 of Title 22 of the Oklahoma Statutes may be issued by a

district judge upon finding of probable cause for funds believed to

be used or intended for any violation of the Uniform Controlled

Dangerous Substances Act to any licensee under the Oklahoma

Financial Transaction Reporting Act.

C. The State Banking Commissioner or designee upon receipt of

an affidavit of probable cause from an agent of the Bureau, may

issue an emergency notice requiring a temporary freeze on an account

to any financial institution or money services business under its

jurisdiction. Such freeze shall halt all transactions in the

account. During the fifteen-day freeze, an account holder may file

an emergency appeal to the district court. The district court shall

schedule a hearing on the emergency appeal within three (3) judicial

days of the request. The provisions of Section 2201 et seq. of

Title 6 of the Oklahoma Statutes shall not apply to this section.

This freeze shall not exceed fifteen (15) days and shall

automatically expire unless:

1. A subsequent seizure warrant is issued by a district judge;

or

2. A notice of forfeiture is filed on the contents of the

account pursuant to Section 2-503 of this title.

D. No financial institution shall have liability to an account

holder for acting pursuant to this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1025
Okla. Stat. tit. 63, § 63-1-1956.4 — OK Code / Title 63 / Section 63-1-1956.4
Admission into evidence
Status: in_force

Subject to the provisions of law, a tape or recording created

through the use of authorized electronic monitoring pursuant to this

act may be admitted into evidence in a civil or criminal court

action or administrative proceeding.
Okla. Stat. tit. 63, § 63-2-314 — OK Code / Title 63 / Section 63-2-314
Labels
Status: in_force

A. Whenever a manufacturer or wholesaler distributes a

controlled dangerous substance in a container prepared by him, he

shall securely affix to each individual container in which that

substance is contained a label showing in legible English the name

and address of the vendor and the quantity, kind, and form of

substance contained therein.

B. Whenever a pharmacist dispenses any controlled dangerous

substance, he shall affix to each immediate container in which such

substance is dispensed the prescription number, the date dispensed,

the patient's name, the name of the doctor, name and address of the

pharmacy for which he is lawfully acting; or, if the patient is an

animal, the name of the owner of the animal and words "for

veterinary use only".

Oklahoma Statutes - Title 63. Public Health and Safety Page 967

C. Whenever a practitioner dispenses any controlled dangerous

substance, he shall affix to each immediate container in which such

substance is dispensed a label showing date dispensed, his name, his

address, his state registration number, name of the patient, or, if

the patient is an animal, the name of the owner of the animal.

D. No person except a pharmacist for the purpose of filling a

prescription shall alter, deface, or remove any label so affixed.

Any person who violates the provisions of this subsection 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, § 63-1-905 — OK Code / Title 63 / Section 63-1-905
Renumbered as § 2-4-201 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-860.9a — OK Code / Title 63 / Section 63-1-860.9a
Violations - Administrative fines
Status: in_force

A. Any person who has been determined by the State Department

of Health to have violated any provision of the Oklahoma Hospice

Licensing Act or any rule or order of the State Board of Health

issued pursuant thereto may be assessed an administrative fine of

not less than Fifty Dollars ($50.00) nor more than One Thousand

Dollars ($1,000.00) for each day that the violation continues. The

maximum administrative fine shall not exceed Ten Thousand Dollars

($10,000.00) for any related series of violations that do not

constitute immediate jeopardy to residents. A fine of not less than

Five Hundred Dollars ($500.00) per day nor more than Two Thousand

Five Hundred Dollars ($2,500.00) per day may be assessed for any

violation constituting immediate jeopardy to residents.

B. The amount of the fine shall be assessed by the Department,

pursuant to the provisions of subsection A of this section, after

notice and hearing. In determining the amount of the fine, the

Department shall include, but not be limited to, consideration of:

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

2. The repetitive nature of the violation by the hospice or by

other hospices operated by the same entity;

3. The previous degree of difficulty in obtaining compliance

with the Oklahoma Hospice Licensing Act or the rules promulgated

pursuant thereto; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 518

4. With respect to the person found to have committed the

violation, the degree of culpability and evidence of a substantial

show of good faith by such person in attempting to achieve

compliance with the provisions of the Oklahoma Hospice Licensing

Act.

C. Any license holder may elect to surrender the first-year or

permanent license of such holder in lieu of such fine but shall be

forever barred from obtaining a reissuance of the license or any

other license issued pursuant to the Oklahoma Hospice Licensing Act.
Okla. Stat. tit. 63, § 63-1-731.2 — OK Code / Title 63 / Section 63-1-731.2
Prohibiting certain abortions - Penalties
Status: in_force

A. As used in this section:

1. "Attempt to perform an abortion" means an act, or an

omission of a statutorily required act, that under the circumstances

as the actor believes them to be constitutes a substantial step in a

course of conduct planned to culminate in the performance of an

abortion; and

2. "Unemancipated minor" means any person less than eighteen

(18) years of age who is not or has not been married or who is under

the care, custody, and control of the person's parent or parents,

guardian, or juvenile court of competent jurisdiction.

B. No person shall knowingly or recklessly perform or attempt

to perform an abortion with knowledge that the pregnant female is

seeking the abortion solely on account of the sex of the unborn

child. Nothing in this section shall be construed to proscribe the

performance of an abortion because the unborn child has a genetic

disorder that is sex-linked.

C. Any person who knowingly or recklessly violates a provision

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

subsection and may be enjoined from such acts in accordance with

this section in an appropriate court.

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

who has knowingly or recklessly violated a provision of this section

may be maintained by:

a. the female upon whom an abortion was performed or

attempted to be performed in violation of this

section,

b. any person who is the spouse, parent, sibling, or

guardian of, or current or former licensed health care

provider of, the female upon whom an abortion has been

performed in violation of this section,

c. a district attorney with appropriate jurisdiction, or

d. the Attorney General.

2. The injunction shall prevent the abortion provider from

performing further abortions in violation of this section in this

state.

3. Any person who knowingly violates the terms of an injunction

issued in accordance with this section shall be subject to civil

Oklahoma Statutes - Title 63. Public Health and Safety Page 309

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

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

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

the third violation and for each succeeding violation. The fines

shall be the exclusive penalties for civil contempt pursuant to this

paragraph. Each performance or attempted performance of an abortion

in violation of the terms of an injunction is a separate violation.

These fines shall be cumulative. No fine shall be assessed against

the female upon whom an abortion is performed or attempted.

4. A pregnant female upon whom an abortion has been performed

in violation of this section, or the parent or legal guardian of the

female if she is an unemancipated minor, may commence a civil action

against the abortion provider for any knowing or reckless violation

of this section for actual and punitive damages.

D. An abortion provider who knowingly or recklessly performed

an abortion in violation of this section shall be considered to have

engaged in unprofessional conduct for which the certificate or

license of the provider to provide health care services in this

state shall be suspended or revoked by the State Board of Medical

Licensure and Supervision or the State Board of Osteopathic

Examiners.

E. In every proceeding or action brought under this section,

the anonymity of any female upon whom an abortion is performed or

attempted shall be preserved unless she gives her consent to such

disclosure. The court, upon motion or sua sponte, 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 the female's

identity from public disclosure. In the absence of written consent

of the female upon whom an abortion has been performed or attempted,

anyone who brings an action under subsection B of this section shall

do so under a pseudonym.
Okla. Stat. tit. 63, § 63-3131.5 — OK Code / Title 63 / Section 63-3131.5
Consent form
Status: in_force

A. For persons under the care of a health care agency, a do-

not-resuscitate order shall, if issued, be in accordance with the

policies and procedures of the health care agency as long as not in

conflict with the provisions of the Oklahoma Do-Not-Resuscitate Act.

B. The do-not-resuscitate consent form shall be in

substantially the following form:

FRONT PAGE

OKLAHOMA DO-NOT-RESUSCITATE (DNR) CONSENT FORM

I, _________________________, request limited health care as

described in this document. If my heart stops beating or if I stop

breathing, no medical procedure to restore breathing or heart

function will be instituted by any health care provider including,

but not limited to, emergency medical services (EMS) personnel.

I understand that this decision will not prevent me from

receiving other health care such as the Heimlich maneuver or oxygen

and other comfort care measures.

I understand that I may revoke this consent at any time in one

of the following ways:

1. If I am under the care of a health care agency, by making an

oral, written, or other act of communication to a physician or other

health care provider of a health care agency;

2. If I am not under the care of a health care agency, by

destroying my do-not-resuscitate form, removing all do-not-

Oklahoma Statutes - Title 63. Public Health and Safety Page 1503

resuscitate identification from my person, and notifying my

attending physician of the revocation;

3. If I am incapacitated and under the care of a health care

agency, my representative may revoke the do-not-resuscitate consent

by written notification to a physician or other health care provider

of the health care agency or by oral notification to my attending

physician; or

4. If I am incapacitated and not under the care of a health

care agency, my representative may revoke the do-not-resuscitate

consent by destroying the do-not-resuscitate form, removing all do-

not-resuscitate identification from my person, and notifying my

attending physician of the revocation.

I give permission for this information to be given to EMS

personnel, doctors, nurses, and other health care providers. I

hereby state that I am making an informed decision and agree to a

do-not-resuscitate order.

____________________ OR ________________________________

Signature of Person Signature of Representative

(Limited to an attorney-in-fact for

health care decisions acting under the

Oklahoma Health Care Agent Act, a

health care proxy acting under the

Oklahoma Advance Directive Act or a

guardian of the person appointed under

the Oklahoma Guardianship and

Conservatorship Act.)

This DNR consent form was signed in my

presence.

______________ ______________________ _____________

Date Signature of Witness Address

______________________ _____________

Signature of Witness Address

BACK OF PAGE

CERTIFICATION OF PHYSICIAN

(This form is to be used by an attending physician only to

certify that an incapacitated person without a representative would

not have consented to the administration of cardiopulmonary

resuscitation in the event of cardiac or respiratory arrest. An

attending physician of an incapacitated person without a

representative must know by clear and convincing evidence that the

incapacitated person, when competent, decided on the basis of

information sufficient to constitute informed consent that such

person would not have consented to the administration of

cardiopulmonary resuscitation in the event of cardiac or respiratory

arrest. Clear and convincing evidence for this purpose shall

include oral, written, or other acts of communication between the

patient, when competent, and family members, health care providers,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1504

or others close to the patient with knowledge of the patient's

desires.)

I hereby certify, based on clear and convincing evidence

presented to me, that I believe that ___________________________

Name of Incapacitated Person

would not have consented to the administration of cardiopulmonary

resuscitation in the event of cardiac or respiratory arrest.

Therefore, in the event of cardiac or respiratory arrest, no chest

compressions, artificial ventilation, intubations, defibrillation,

or emergency cardiac medications are to be initiated.

__________________________ _____________________________

Physician's Signature/Date Physician's Name (PRINT)

________________________________________________________________

Physician's Address/Phone

C. Witnesses must be individuals who are eighteen (18) years of

age or older who are not legatees, devisees or heirs at law.

D. It is the intention of the Legislature that the preferred,

but not required, do-not-resuscitate form in Oklahoma shall be the

form set out in subsection B of this section.
Okla. Stat. tit. 63, § 63-1069 — OK Code / Title 63 / Section 63-1069
Form and sale of bonds
Status: in_force

Bonds of an authority shall be authorized by its resolution and

may be issued in one or more series and shall bear such date or

dates, mature at such time or times, bear interest at such rate or

rates, not exceeding six percent (6%) per annum, be in such

denomination or denominations, be in such form either coupon or

registered, carry such conversion or registration privileges, have

such rank or priority, be executed in such manner, be payable in

such medium of payment, at such place or places, and be subject to

such terms of redemption, with or without premium, as such

resolution or its trust indenture may provide.

The bonds must be sold at public sale at not less than par.

Bonds of the authority shall not be purchased by members of the

authority or its employees or members of their immediate families.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1323

In case any of the members or officers of an authority whose

signatures appear on any bonds or coupons shall cease to be such

members or officers before the delivery of such bonds, such

signatures shall, nevertheless, be valid and sufficient for all

purposes, the same as if such members or officers had remained in

office until such delivery. Any provision of any law to the

contrary notwithstanding, any bonds issued pursuant to this act

shall be fully negotiable.

In any suit, action or proceeding involving the validity or

enforceability of any bond of an authority or the security therefor,

any such bond reciting in substance that it has been issued by the

authority to aid in financing a project, as herein defined, shall be

conclusively deemed to have been issued for such purposes and such

project shall be conclusively deemed to have been planned, located

and carried out in accordance with the purposes and provisions of

this act.
Okla. Stat. tit. 63, § 63-2806 — OK Code / Title 63 / Section 63-2806
Technical and operational standards for basic or
Status: in_force

sophisticated system.

The Oklahoma 9-1-1 Management Authority may establish technical

and operational standards for the development of basic and

sophisticated systems. Such standards shall be forwarded to the

Corporation Commission for consideration of any tariff limitations

and conditions which may need revision to accommodate such

standards; and the Corporation Commission may issue such revisions

after whatever hearings or procedures it deems appropriate.
Okla. Stat. tit. 63, § 63-2453 — OK Code / Title 63 / Section 63-2453
Renumbered as § 1-2519 of this title by Laws 1999, c
Status: in_force

156, § 5, eff. Nov. 1, 1999.
Okla. Stat. tit. 63, § 63-1-860.2a — OK Code / Title 63 / Section 63-1-860.2a
Hospices exempt from act
Status: in_force

A public or private agency or person which establishes,

conducts, or maintains a hospice or holds itself out to the public

as a hospice is required by the Oklahoma Hospice Licensing Act, to

obtain a first-year or permanent license from the Department

pursuant to the Oklahoma Hospice Licensing Act.
Okla. Stat. tit. 63, § 63-2-106.2 — OK Code / Title 63 / Section 63-2-106.2
Sale of forfeited vehicles, equipment, and property -
Status: in_force

Exemption.

A. The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control is hereby authorized to:

1. Make available for sale used vehicles, used equipment and

forfeited property to any federal, state, county, or municipal

agency, trust authority or public school district;

2. Sell at public auction any used vehicles, used equipment and

any property forfeited to the Bureau; and

3. Donate or transfer title to any surplus property as defined

in Section 62.2 of Title 74 of the Oklahoma Statutes, or property

forfeited to the Bureau, to any law enforcement agency of any

political subdivision of the State of Oklahoma. The use of such

Oklahoma Statutes - Title 63. Public Health and Safety Page 900

donated equipment shall be limited to valid and authorized law

enforcement efforts by the receiving agency.

B. Any property subject to this section shall be exempted from

the provisions set forth in Section 62.3 of Title 74 of the Oklahoma

Statutes.
Okla. Stat. tit. 63, § 63-1-2017 — OK Code / Title 63 / Section 63-1-2017
Renumbered as § 2-7-303 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-4210.11 — OK Code / Title 63 / Section 63-4210.11
Refusal to submit to drug or alcohol testing -
Status: in_force

Exceptions.

If a conscious person under arrest refuses to submit to testing

of his or her blood or breath for the purpose of determining the

alcohol concentration thereof, or to a test of his or her blood,

saliva or urine for the purpose of determining the presence or

concentration of any other intoxicating substance, or the combined

influence of alcohol and any other intoxicating substance, none

shall be given, unless the investigating officer has probable cause

to believe that the person under arrest, while intoxicated, has

operated a vessel in such a manner as to have caused the death or

serious physical injury of any other person or persons. In that

event, the test otherwise authorized by law may be made in the same

manner as if a search warrant had been issued for the test or tests.

The sample shall be taken in a medically acceptable manner at a

hospital or other suitable health care facility.
Okla. Stat. tit. 63, § 63-5017 — OK Code / Title 63 / Section 63-5017
Oklahoma Health Care Authority Federal Disallowance Fund
Status: in_force

There is hereby created in the State Treasury a fund for the

Oklahoma Health Care Authority to be designated the "Oklahoma Health

Care Authority Federal Disallowance Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations. It shall

consist of monies received by the Oklahoma Health Care Authority

Oklahoma Statutes - Title 63. Public Health and Safety Page 1723

which, in the opinion of the Oklahoma Health Care Authority Board,

may be subject to federal disallowances and interest which may

accrue on said receipts. All monies accruing to the credit of said

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

Oklahoma Health Care Authority at the discretion of the Oklahoma

Health Care Authority Board for eventual settlement of the

appropriate pending disallowances. 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.

The Administrator of the Oklahoma Health Care Authority may

request the Director of the Office of Management and Enterprise

Services to transfer monies between the Oklahoma Health Care

Authority Federal Disallowance Fund and any other fund of the

authority, as needed for the expenditure of funds.
Okla. Stat. tit. 63, § 63-1-1922 — OK Code / Title 63 / Section 63-1-1922
Residents' advisory council
Status: in_force

A. Each facility shall establish a residents' advisory council.

The administrator shall designate a member of the facility staff to

coordinate the establishment of, and render assistance to, said

council.

B. The composition of the residents' advisory council shall be

specified by Department regulation, but no employee or affiliate of

a facility shall be a member of any such council.

C. The residents' advisory council shall meet at least once

each month with the staff coordinator who shall provide assistance

to said council in preparing and disseminating a report of each

meeting as specified by the regulations to all residents, the

administrator, and the staff.

D. Records of the residents' advisory council meetings shall be

maintained in the office of the administrator.

E. The residents' advisory council shall communicate to the

administrator the opinions and concerns of the residents. The

council shall review procedures for implementing residents' rights,

facility responsibilities and make recommendations for changes or

additions which will strengthen the facility's policies and

procedures as they affect residents' rights and facility

responsibilities.

F. The residents' advisory council shall be forum for:

1. Obtaining and disseminating information;

2. Soliciting and adopting recommendations for facility

programming and improvements; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 709

3. Early identification and recommendation of orderly

resolution of problems.

G. The residents' advisory council may present complaints as

provided in Section 1-1924 of this title on behalf of a resident to

the Department.
Okla. Stat. tit. 63, § 63-3275 — OK Code / Title 63 / Section 63-3275
Oklahoma State University Medical Authority - Members -
Status: in_force

Qualifications, appointment, and removal - Applicable statutes.

A. There is hereby created the Oklahoma State University

Medical Authority, an agency of the State of Oklahoma, a body

corporate and politic, with powers of government and with the

authority to exercise the rights, privileges and functions as

specified in the Oklahoma State University Medical Authority Act.

The Oklahoma State University Medical Authority is covered by the

Governmental Tort Claims Act.

B. The Authority shall consist of eight (8) members as follows:

1. One member shall be appointed by the Governor, with the

advice and consent of the Senate;

2. One member shall be appointed by the President Pro Tempore

of the Oklahoma State Senate;

3. One member shall be appointed by the Speaker of the Oklahoma

House of Representatives;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1580

4. One member shall be the Chief Executive Officer of the

Oklahoma Health Care Authority, or a designee;

5. One member shall be the President of the Oklahoma State

University Center for Health Sciences;

6. One member shall be appointed by the President of Oklahoma

State University;

7. One member shall be a member of the Board of Regents for the

Oklahoma Agricultural and Mechanical Colleges, or his or her

designee, as selected by the chair of the Board of Regents; and

8. One member shall be the Chief Executive Officer of the

Oklahoma State University Medical Authority who shall be an ex

officio, nonvoting member.

C. Members shall be appointed for terms of three (3) years.

D. Each member of the Authority, prior to appointment, shall be

a resident of the state and a qualified elector.

E. Members shall be removable only for cause by the appointing

authority. Any vacancy occurring on the Authority shall be filled

by the original appointing authority.

F. The members of the Authority shall serve without

compensation but may be reimbursed for all actual and necessary

travel expenses incurred in performance of their duties in

accordance with the provisions of the State Travel Reimbursement

Act.

G. All members of the Authority and administrative personnel of

the Authority shall be subject to the provisions of the Oklahoma

Ethics Commission Rules, Chapter 62 Appendix of Title 74 of the

Oklahoma Statutes.

H. A quorum of the Authority shall be four (4) voting members.

The Authority shall elect a chair and vice chair from among its

members. The chair must be an appointed member of the Authority.

I. The Authority shall be exempt from the Oklahoma Central

Purchasing Act but shall be subject to the purchasing policies of

Oklahoma State University Center for Health Sciences and shall be

subject to the Oklahoma Open Meeting Act and the Oklahoma Open

Records Act, except as otherwise provided by this act. Any

information submitted to or compiled by the Authority except for

budgetary information related to appropriations or the

appropriations process with respect to the marketing plans,

financial statements, trade secrets, research concepts, methods or

products, or any other proprietary information of the Authority,

persons, firms, associations, partnerships, agencies, corporations,

institutions of higher education, nonprofit research institutions or

other entities shall be confidential, except to the extent that the

person or entity which provided the information or which is the

subject of the information consents to disclosure. Executive

sessions may be held to discuss such materials if deemed necessary

by the Authority.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1581
Okla. Stat. tit. 63, § 63-2663 — OK Code / Title 63 / Section 63-2663
Inspections and investigations
Status: in_force

The Commissioner shall make, or cause to be made, such

inspections and investigations as he deems necessary.
Okla. Stat. tit. 63, § 63-1-1955.2 — OK Code / Title 63 / Section 63-1-1955.2
Definitions
Status: in_force

As used in the Oklahoma Long-Term Care Partnership Act, unless

the context clearly indicates otherwise:

1. “Asset disregard” means the total assets an individual owns

and may retain upon application for the state Medicaid program and

still qualify for benefits if the individual:

a. is a beneficiary of a Long-Term Care Partnership

Program approved policy, and

b. has exhausted the benefits of such policy.

Asset disregard is increased by One Dollar ($1.00) for each One

Dollar ($1.00) of benefit paid out under the individual’s long-term

insurance policy if the individual purchased the policy through the

Oklahoma Long-Term Care Partnership Program;

2. “Authority” means the Oklahoma Health Care Authority;

3. “State Medicaid program” means the federal medical

assistance program established under Title XIX of the Social

Security Act; and

4. “Oklahoma Long-Term Care Partnership Program approved

policy” means a long-term care insurance policy that is approved by

the Insurance Department and provided through state-approved long-

term care insurers through the Oklahoma Long-Term Care Partnership

Program.
Okla. Stat. tit. 63, § 63-1-2006.1 — OK Code / Title 63 / Section 63-1-2006.1
Renumbered as § 2-7-110 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1066 — OK Code / Title 63 / Section 63-1066
Tax exemption and payments in lieu of taxes
Status: in_force

The property and funds of a housing authority are declared to be

used for charitable purposes and to be public property used for

essential public and governmental purposes, and such property and

the authority are exempt from all taxes, including sales and use

taxes and special assessments of the state or any state or local

public body. In lieu of taxes on its property an authority shall

agree to make such payments to the state or any state or local

public body as the governing body of the city or county finds

consistent with the maintenance of the low-rent character of housing

projects and the achievement of the purposes of this act, provided

that not less than one-half (1/2) of the annual amount of such

payment in lieu of taxes shall be paid to the school district within

which the property of the housing authority is located. The amount

of money collected under the provisions of this act shall not be

considered as chargeable income to the district receiving such

funds. The tax exemption provided by this section does not apply to

any portion of a project used by a profit-making enterprise, but in

taxing such portions appropriate allowance shall be made for any

expenditure by an authority for utilities or other public services

which it provides to serve the property.
Okla. Stat. tit. 63, § 63-941b — OK Code / Title 63 / Section 63-941b
Condition of the body
Status: in_force

When attending a patient at time of death, physicians

shall take care that the remains of the deceased are left in

such a state that will not hinder or unnecessarily

complicate the preparation for burial or other disposition,

provided that nothing herein shall interfere with or

restrict a physician's sworn duty to do all things

necessary to save the patient's life.
Okla. Stat. tit. 63, § 63-1-518 — OK Code / Title 63 / Section 63-1-518
Report and treatment of disease
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 219

It shall be unlawful for any person, being an infected person,

to refuse, fail, or neglect to report such fact to, and submit to

examination and treatment by, a health care provider.
Okla. Stat. tit. 63, § 63-1-1914.7 — OK Code / Title 63 / Section 63-1-1914.7
Employment status of impartial decision maker
Status: in_force

The impartial decision maker in the informal dispute resolution

process may be an individual employed by or under contract with the

State Department of Health.
Okla. Stat. tit. 63, § 63-1-757.4 — OK Code / Title 63 / Section 63-1-757.4
Oklahoma Abortion-Inducing Drug Certification Program
Status: in_force

A. The State Board of Pharmacy, the State Board of Medical

Licensure and Supervision and the State Board of Osteopathic

Examiners shall create a certification program for abortion-inducing

drugs. The program shall be known as the Oklahoma Abortion-Inducing

Drug Certification Program.

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

State Board of Osteopathic Examiners and the State Board of Pharmacy

may assess reasonable fees on their respective licensees and enter

into contracts with persons or entities to implement the Oklahoma

Abortion-Inducing Drug Certification Program.

C. Abortion-inducing drugs shall not be provided directly to

the patient through the mail, telemedicine or otherwise outside of

the parameters of the Oklahoma Abortion-Inducing Drug Certification

Program.
Okla. Stat. tit. 63, § 63-2220.3 — OK Code / Title 63 / Section 63-2220.3
Oklahoma Organ Donor Education and Awareness Program
Status: in_force

Revolving Fund.

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

fund for the State Department of Health, to be designated the

"Oklahoma Organ Donor Education and Awareness Program Revolving

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

year limitations, and shall consist of all monies received by the

State Department of Health from:

1. Any state monies appropriated for the purpose of

implementing the provisions of the Oklahoma Organ Donor Education

and Awareness Program Act; and

2. Any monies collected pursuant to this section or any other

monies available to the State Department of Health to implement the

provisions of the Oklahoma Organ Donor Education and Awareness

Program Act.

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

appropriated and shall be budgeted and expended to promote and

encourage organ donor education and awareness.

C. Monies credited to the fund, excluding administrative fees

paid to the Oklahoma Tax Commission, may be used for, but are not

limited to:

1. Administration of the Oklahoma Organ Donor Education and

Awareness Program Act;

2. Development and promotion of organ donor public education

and awareness programs in cooperation with the Oklahoma Organ

Sharing Network including, but not limited to, the American Red

Cross and the Oklahoma Lions Eye Bank;

3. To assist in the publication of information pamphlets or

booklets by the State Department of Health and the State

Superintendent of Public Instruction regarding organ donation and

donations to the Oklahoma Organ Donor Education and Awareness

Program Revolving Fund. The State Department of Health shall

distribute such informational pamphlets or booklets to Service

Oklahoma for distribution to applicants for original, renewal, or

replacement driver licenses and identification cards when making a

voluntary contribution pursuant to Section 2220.5 of this title and

to the Oklahoma Tax Commission for distribution to individuals when

making a voluntary contribution pursuant to the state income tax

check off provided for in Section 2220.4 of this title;

4. Implementation of organ donor education and awareness

programs in the elementary and secondary schools of this state by

the State Department of Education;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1383

5. Grants by the State Department of Health to certified organ

procurement organizations for the development and implementation of

organ donor education and awareness programs in this state;

6. Encouraging the incorporation of organ donor information

into the medical and nursing school curriculums of the state's

medical and nursing schools. If funds are provided to a university

for this educational purpose, the university shall annually evaluate

the extent to which the curriculum has affected the attitudes of its

students and graduates with regard to organ donation and shall

forward the evaluation results to the State Department of Health;

and

7. A reserve fund in an interest-bearing account with five

percent (5%) of the monies received by the fund annually to be

placed in this account. No funds may be expended from the reserve

fund account until the required balance has reached One Hundred

Thousand Dollars ($100,000.00) and then these funds may only be used

in years when donations do not meet the average normal operating fee

incurred by the fund, and funds are expended to meet expenses. Once

the balance in the reserve fund account reaches One Hundred Thousand

Dollars ($100,000.00), excess funds earned by interest, and yearly

allocations may be used at the discretion of the State Department of

Health to cover operating costs and to provide additional funds.

D. The fund may accept bequests and grants from individuals,

corporations, organizations, associations, and any other source.

The fund supplements and augments services provided by state

agencies and does not take the place of such services.

E. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.
Okla. Stat. tit. 63, § 63-1-1002.3 — OK Code / Title 63 / Section 63-1-1002.3
Fines
Status: in_force

Any retailer violating the provisions of paragraph 1 or 2 of

Section 2 of this act shall be subject to an administrative fine by

the State Department of Health of not more than Five Hundred Dollars

($500.00) per violation. Each set of bunk beds sold which does not

conform to the provisions of paragraph 1 or 2 of Section 2 of this

act shall be considered a violation. The monies from the

administrative fine shall be collected by the Department and

deposited in the Public Health Special Fund pursuant to Section 1-

107 of Title 63 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-1602 — OK Code / Title 63 / Section 63-1-1602
Regulations - State Board of Health
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 644

(a) Whenever in the judgment of the Board such action will

promote the objectives of this article by avoiding or resolving

uncertainty as to its application, the Board may by regulation

declare to be a hazardous substance, for the purposes of this

article, any substance or mixture of substances which it finds meets

the requirements of subparagraph (1) a. of Section 1601(a).

(b) If the Board finds that the requirements of section 1601(k)

(1) are not adequate for the protection of the public health and

safety in view of the special hazard presented by any particular

hazardous substance, it may by regulation establish such reasonable

variations or additional label requirements as it finds necessary

for the protection of the public health and safety; and any

container of such hazardous substance intended or suitable for

household use which fails to bear a label in accordance with such

regulations shall be deemed to be a misbranded package of a

hazardous substance.

(c) If the Board finds that, because of the size of the package

involved or because of the minor hazard presented by the substance

contained therein, or for other good and sufficient reasons, full

compliance with the labeling requirements otherwise applicable under

this article is impracticable or is not necessary for the adequate

protection of the public health and safety, the Board shall

promulgate regulations exempting such substance from these

requirements to the extent it determines to be consistent with

adequate protection of the public health and safety.

(d) The Board may exempt from the requirements established by or

pursuant to this Article any container of a hazardous substance with

respect to which the Board finds that adequate requirements

satisfying the purposes of this article have been established by or

pursuant to any other state law.
Okla. Stat. tit. 63, § 63-1-738.17 — OK Code / Title 63 / Section 63-1-738.17
Severability of provisions
Status: in_force

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

clause, phrase or word of the Unborn Child Pain Awareness/Prevention

Act or the application thereof to any person or circumstance is

found to be unconstitutional, the same is hereby declared to be

severable and the balance of the Unborn Child Pain

Awareness/Prevention Act shall remain effective notwithstanding such

unconstitutionality. The Legislature hereby declares that it would

have passed the Unborn Child Pain Awareness/Prevention 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, § 63-129 — OK Code / Title 63 / Section 63-129
Renumbered as § 128.7 of this title by Laws 1995, c. 344,
Status: in_force

§ 34, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-4039.1 — OK Code / Title 63 / Section 63-4039.1
Commercial vessel dealer - Docking of vessels for sale
Status: in_force

Any currently licensed Oklahoma vessel dealer owning a

commercial marina on the waters of this state may dock his vessels

for sale at his marina.
Okla. Stat. tit. 63, § 63-1-1102 — OK Code / Title 63 / Section 63-1-1102
Acts prohibited
Status: in_force

The following acts and the causing thereof within the State of

Oklahoma are hereby prohibited:

(a) the manufacture, sale, or delivery, holding or offering for

sale of any food that is adulterated or misbranded.

(b) the adulteration or misbranding of any food.

(c) the receipt in commerce of any food that is adulterated or

misbranded, and the delivery or proffered delivery thereof for pay

or otherwise.

(d) the sale of food, or the offer to sell it, or its receipt

into commerce, in capped glass containers, or perishable or flexible

containers such as, but not limited to, paper cardboard containers,

when the container has been damaged by fire or water.

Oklahoma Statutes - Title 63. Public Health and Safety Page 572

(e) the sale, delivery for sale, holding for sale, or offering

for sale of any article in violation of Section 1-1111 of the title.

(f) the dissemination of any false advertisement.

(g) the refusal to permit entry or inspection, or to permit the

taking of a sample, as authorized by Section 1-1115 of the title.

(h) the giving of a guaranty or undertaking which guaranty or

undertaking is false, except by a person who relied on a guaranty 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 food.

(i) the removal or disposal of a detained or embargoed article

in violation of Section 1-1105 of this title.

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

removal of the whole or any part of the labeling of or the doing of

any other act with respect to a food, if such act is done while such

article is held for sale and results in such article being

misbranded.

(k) forging, counterfeiting, simulating, or falsely

representing, or without proper authority using any mark, stamp,

tag, label, or other identification devise authorized or required by

reasonable rules and regulations promulgated under the provisions of

this title.

(l) the sale, offer to sell, dispense or release into commerce

of any food or confection under a name, label or brand when the

name, label or brand either precisely or by slang term or popular

usage, is the name, label or brand of a controlled dangerous drug or

a controlled dangerous substance by law.
Okla. Stat. tit. 63, § 63-3111.6 — OK Code / Title 63 / Section 63-3111.6
Health care providers
Status: in_force

A. Before implementing a health care decision made for a

patient, the attending physician, if possible, shall promptly

communicate to the patient the decision made and the identity of the

person making the decision.

B. An attending physician who knows of the existence of a power

of attorney for health care or a revocation of a power of attorney

for health care shall promptly record its existence in the patient's

medical record and, if it is in writing, shall request a copy and if

one is furnished shall arrange for its maintenance in the medical

record. An attending physician who makes or is informed of a

determination that a patient lacks or has recovered capacity shall

Oklahoma Statutes - Title 63. Public Health and Safety Page 1492

promptly record the determination in the patient's medical record

and communicate the determination to the patient, if possible, and

to any person then authorized to make health care decisions for the

patient.

C. Except as provided in subsections D and E of this section, a

health care provider or facility providing care to a patient shall:

1. Comply with an individual instruction of the patient and

with a reasonable interpretation of that instruction made by a

person then authorized to make health care decisions for the

patient; and

2. Comply with a health care decision for the patient made by a

person then authorized to make health care decisions for the patient

to the same extent as if the decision had been made by the patient

while having capacity.

D. An attending physician or health care provider may decline

to comply with an individual instruction or health care decision for

reasons of conscience. A health care facility may decline to comply

with an individual instruction or health care decision if the

instruction or decision is contrary to a policy of the facility

which is expressly based on reasons of conscience and if the policy

was timely communicated to the patient or to a person then

authorized to make health care decisions for the patient.

E. A health care provider or facility may decline to comply

with an individual instruction or health care decision that requires

medically ineffective or non-beneficial health care or health care

contrary to generally accepted health care standards applicable to

the health care provider or facility.

F. A health care provider or facility that declines to comply

with an individual instruction or health care decision shall:

1. Promptly so inform the patient, if possible, and any person

then authorized to make health care decisions for the patient;

2. Provide continuing care to the patient until a transfer can

be effected; and

3. Unless the patient or person then authorized to make health

care decisions for the patient refuses assistance, immediately make

all reasonable efforts to assist in the transfer of the patient to

another health care provider or facility that is willing to comply

with the instruction or decision.

G. A health care provider or facility may not require or

prohibit the execution or revocation of an advance health care

directive as a condition for providing health care.

H. The provisions of this section shall not be construed to

supersede or authorize noncompliance with the requirements of the

Oklahoma Advance Directive Act as provided in Section 3101.9 of

Title 63 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-109 — OK Code / Title 63 / Section 63-109
Anatomical Donor Program Registration Act
Status: in_force

A. This section shall be known and may be cited as the

"Anatomical Donor Program Registration Act".

B. The State Anatomical Board shall register all anatomical

donor programs and non-transplant tissue banks in the state which

meet the requirements of the Anatomical Donor Program Registration

Act.

C. Before an anatomical donor program or a non-transplant

tissue bank may receive whole body or partial body donations from

any person or entity inside or outside the state, the anatomical

donor program or non-transplant tissue bank shall register with the

Board.

D. The Board shall specify the eligibility requirements for

registration as an anatomical donor program or non-transplant tissue

bank which, at a minimum, shall require such entities to be non-

profit organizations.

E. The Board shall prescribe rules of conduct governing the

practice of anatomical donor programs or non-transplant tissue banks

registered pursuant to the Anatomical Donor Program Registration

Act.

F. In order to address persons or entities which violate the

provisions of the Anatomical Donor Program Registration Act or any

rules promulgated thereto, the Board may:

1. Deny the issuance of a registration or suspend, revoke, or

refuse to renew the registration of an anatomical donor program or

non-transplant tissue bank, provided, however, that the Board may

review, affirm, vacate, or modify a determination to deny, suspend,

revoke, or refuse registration if the anatomical donor program or

non-transplant tissue bank takes corrective actions;

2. Establish and administer administrative fines;

3. Initiate disciplinary or injunctive proceedings; and

4. Report alleged violations to the Attorney General or a

district attorney as appropriate for further investigation or

prosecution.

G. The Board shall report any violation it observes of the

Oklahoma Uniform Anatomical Gift Act to the State Department of

Health for further investigation and appropriate action.

H. The Board shall keep accurate and complete records of any

proceedings initiated under the Anatomical Donor Program

Registration Act.

I. The Board may issue a temporary registration to an

anatomical donor program or non-transplant tissue bank which was

previously registered but whose facilities were destroyed or damaged

in order that, when appropriate safeguards are in place, the

anatomical donor program or non-transplant tissue bank may continue

Oklahoma Statutes - Title 63. Public Health and Safety Page 1065

to operate. During the effective period of the temporary

registration, the Board may waive certain requirements if the

anatomical donor program or non-transplant tissue bank is making a

good faith effort to rebuild and restore its operations in order to

meet all registration requirements.

J. The Board may maintain an office or secure facilities as

deemed necessary by the Board in order to implement the Anatomical

Donor Program Registration Act.

K. The Board shall promulgate rules as necessary to implement

the provisions of the Anatomical Donor Program Registration Act.
Okla. Stat. tit. 63, § 63-1-745.18 — OK Code / Title 63 / Section 63-1-745.18
Interpretation of statute
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 401

Nothing in the Heartbeat Informed Consent Act shall be construed

as creating or recognizing a right to abortion.
Okla. Stat. tit. 63, § 63-5006 — OK Code / Title 63 / Section 63-5006
Oklahoma Health Care Authority - Creation - Powers and
Status: in_force

duties - Personnel.

A. There is hereby created the Oklahoma Health Care Authority.

The Authority shall have the power and duty to:

1. Purchase health care benefits for Medicaid recipients, and

others who are dependent on the state for necessary medical care, as

specifically authorized by law;

2. Enter into contracts for the delivery of state-purchased

health care and establish standards and criteria which must be met

by entities to be eligible to contract with the Authority for the

delivery of state-purchased health care;

3. Develop a proposed standard basic health care benefits

package or packages to be offered by health services providers, for

Medicaid recipients;

4. Study all matters connected with the provision of state-

purchased and state-subsidized health care coverage;

5. Develop and submit plans, reports and proposals, provide

information and analyze areas of public and private health care

interaction pursuant to the provisions of the Oklahoma Health Care

Authority Act;

6. Serve as a resource for information on state-purchased and

state-subsidized health care access, cost containment and related

health issues;

7. Administer programs and enforce laws placed under the

jurisdiction of the Authority pursuant to the Oklahoma Health Care

Authority Act, and such other duties prescribed by law;

8. Collaborate with and assist the Insurance Commissioner in

the development of a Uniform Claim Processing System for use by

third-party payors and health care providers;

9. Collaborate with and assist the State Department of Health

with the development of licensure standards and criteria for pre-

paid health plans; and

10. Exercise all incidental powers which are necessary and

proper to carry out the purposes of the Oklahoma Health Care

Authority Act.

B. All positions within the Authority shall be unclassified

until approval of the annual business and personnel plan submitted

by January 1, 1995, by the Governor and the Legislature. In the

annual business plan submitted January 1, 1995, the Board shall

Oklahoma Statutes - Title 63. Public Health and Safety Page 1709

include a personnel plan which shall list, describe and justify all

unclassified positions within the Authority and their compensation.

All other employees and positions shall be classified and subject to

the provisions of the Merit System of Personnel Administration as

provided in the Oklahoma Personnel Act.
Okla. Stat. tit. 63, § 63-2846 — OK Code / Title 63 / Section 63-2846
Mandatory provision of emergency telephone service –
Status: in_force

Confidentiality - Liability.

A. All local exchange companies, and wireless and other

telephone service companies providing service to users in an area in

which 9-1-1 emergency telephone service is currently operating shall

also provide emergency telephone service to all subscribing service

users in that area. Wireless and other telephone service companies

shall provide information necessary for automatic number

identification, automatic location identification and selective

routing of 9-1-1 emergency wireless calls to cities and counties

answering emergency telephone calls for maintenance of existing 9-1-

1 databases. If the state or an area of the state is utilizing a

Next Generation 9-1-1 system that uses the National Emergency Number

Association (NENA) i3 standard for call delivery, then the service

company shall provide the data elements required by the standard.

The governing body may reasonably require sufficient information to

ensure compliance with this section and to provide data for audit

and budgetary calculation purposes.

B. Information that a wireless service provider is required to

furnish in providing 9-1-1 service is confidential and exempt from

disclosure. The wireless service provider is not liable to any

person who uses a 9-1-1 service created under this title for the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1426

release of information furnished by the wireless service provider in

providing 9-1-1 service. Information that is confidential under

this section may be released only for budgetary calculation purposes

and only in aggregate form so that no provider-specific information

may be extrapolated.
Okla. Stat. tit. 63, § 63-3151 — OK Code / Title 63 / Section 63-3151
Suicide data collection system – Confidentiality of data
Status: in_force

- Penalties.

A. The Legislature hereby directs the State Department of

Health to develop a state suicide data collection system to provide

reliable data about attempted suicides in this state. In developing

the system the Department shall:

1. Include information on the incidence of suicide attempts;

2. Include demographic information on persons who attempt

suicide; and

3. Explore prevention strategies for reducing the number of

attempted suicides and suicides.

B. As used in this section:

1. "Attempted suicide" means a voluntary and intentional injury

to one’s own body with the goal of ending one’s own life;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1511

2. “E-codes” are external cause of injury codes contained in

the International Classification of Diseases – 9th Revision; and

3. "Suicide" means a voluntary and intentional taking of one’s

own life;

C. The State Board of Health shall, if funds are available,

establish a system for collecting information concerning attempted

suicides among persons who were hospitalized or who were treated and

released. In establishing the system, the Board may require

hospitals, and other related institutions, as defined in Section 1-

701 of Title 63 of the Oklahoma Statutes, to include E-codes on all

patient discharge data or, if necessary, to complete and submit a

Report of Suicide Attempt form to be made available by the State

Department of Health.

D. The system shall be implemented statewide.

E. Individual forms, computer tapes or other forms of data

collected pursuant to this section shall be confidential and shall

not be public records as defined in the Oklahoma Open Records Act.

F. The confidentiality of identifying information is to be

protected, and the pertinent statutes and rules of the State of

Oklahoma and the regulations of the federal government relative to

confidentiality shall apply.

G. Identifying information shall not be disclosed and shall not

be used for any purpose except statistical reporting and data

analysis.

H. Nothing in this section shall prohibit the publishing of

statistical compilations relating to suicide attempts which do not

in any way identify individual cases or individual sources of

information.

I. 1. A violation of the provisions of this section by an

employee of the Department shall be grounds for termination of

employment.

2. Any person who violates the provisions of this section shall

also be deemed guilty of a misdemeanor, and upon conviction thereof

shall be punished by a fine of One Thousand Dollars ($1,000.00) or

imprisonment in the county jail for up to one (1) year, or by both

such fine and imprisonment.

J. The State Board of Health is authorized to promulgate rules

to carry out the provisions of this section.
Okla. Stat. tit. 63, § 63-1-2107 — OK Code / Title 63 / Section 63-1-2107
Renumbered as § 2-8-204 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1914.14 — OK Code / Title 63 / Section 63-1-1914.14
Alternative informal dispute resolution - Procedure
Status: in_force

- Evidence.

A. 1. In all alternative informal dispute resolution cases

except record review, the State Department of Health shall present

the initial arguments.

Oklahoma Statutes - Title 63. Public Health and Safety Page 694

2. The facility shall then present its arguments.

B. 1. The alternative informal dispute resolution shall be

limited to no more than two (2) hours in length, with each party

being permitted one (1) hour to present its arguments;

2. However, the impartial decision-making panel may grant each

party additional equal time for good cause as determined by the

impartial decision making-panel.

C. 1. Rules of evidence or procedure shall not apply to the

alternative informal dispute resolution except as provided in this

section.

2. The impartial decision-making panel may:

a. accept any information that the impartial decision-

making panel deems material to the issue being

presented, and

b. reject any information that the impartial decision-

making panel deems immaterial to the issue being

presented.

D. 1. The alternative informal dispute resolution may not be

recorded.

2. However, the impartial decision-making panel may make

written or recorded notes of the arguments.

E. Only employees of the facility, attending physicians of

residents of the facility at the time of the deficiency, pharmacists

providing medications to residents of the facility at the time of

the deficiency, and consultant pharmacists or nurse consultants

utilized by the facility, or the medical director of the facility,

may appear or participate in the alternative informal dispute

resolution for, or on the behalf of, the facility.

F. Only employees of the Department may appear or participate

at the meeting for, or on behalf of, the Department.

G. The State Long-Term Care Ombudsman or designee, may appear

at, or participate in, the meeting.

H. No party may be represented by an attorney.
Okla. Stat. tit. 63, § 63-5013 — OK Code / Title 63 / Section 63-5013
Authority as resource for information on state health
Status: in_force

care access, cost containment and related health issues.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1719

A. The Authority shall serve as a resource for information on

state-purchased and state-subsidized health care access, cost

containment and related health issues, and shall:

1. Provide data and information required by the Governor, the

Legislature, or its committees, and to state agencies, institutions

of higher education and cities, towns, counties and school districts

and to private citizens and groups, within the limitations of the

resources available to the Authority;

2. Participate with any state agency or institution of higher

education in developing specific goals, programs, and performance

monitoring systems to assist in the development of health care

delivery in this state;

3. Conduct or contract for studies which are related to health

care delivery, involving product or process innovation; and

4. Prepare, publish and distribute such studies, reports,

bulletins and other materials as it considers appropriate regarding

health care studies and other relevant health care topics. Provided

that a copy of any material which evaluates health plans or health

care providers shall be provided to the Governor, the Speaker of the

House of Representatives and the President Pro Tempore of the Senate

at least sixty (60) days prior to public dissemination.
Okla. Stat. tit. 63, § 63-683.17 — OK Code / Title 63 / Section 63-683.17
Appropriation powers - Gifts, grants and loans
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1233

A. Each political subdivision shall have the power to make

appropriations in the manner provided by law for making

appropriations for the ordinary expenses of such political

subdivision for the payment of expenses of its local organizations

for emergency management.

B. Whenever the federal government or any agency or officer

thereof shall offer to the state, or through the state to any

political subdivision thereof, services, equipment, supplies,

materials, or funds by way of gift, grant, or loan, for purposes of

emergency management, the state acting through the Governor, or such

political subdivision acting with the consent of the Governor and

through its executive officer or governing body, may accept such

offer and upon such acceptance the Governor of the state or

executive officer or governing body of such political subdivision

may authorize any officer of the state or of the political

subdivision, as the case may be, to receive such services,

equipment, supplies, materials, or funds on behalf of the state or

such political subdivision, and subject to the terms of the offer

and the rules and regulations, if any, of the agency making the

offer.

C. Whenever any person, firm, or corporation shall offer to the

state, or to any political subdivision thereof, services, equipment,

supplies, materials, or funds by way of gift, grant, or loan, for

purposes of emergency management, the state acting through the

Governor, or such political subdivision acting through its executive

officer or governing body, may accept such offer and upon such

acceptance the Governor of the state or executive officer or

governing body of such political subdivision may authorize any

officer of the state or the political subdivision, as the case may

be, to receive such services, equipment, supplies, materials, or

funds on behalf of the state or such political subdivision, and

subject to the terms of the offer.

D. Each political subdivision shall have the power to provide,

by ordinances or otherwise, for a local emergency management

organization, and said subdivisions shall have power to make

appropriations for emergency management and disaster relief in the

manner provided by law for making appropriations for ordinary

expenses of such political subdivisions and shall have power to

enter into agreements for the purpose of organizing civil defense

units; to provide for a mutual method of financing the organization

of such units on a basis approved by the State Emergency Management

Director and satisfactory to said political subdivisions, but in

which case the funds appropriated by said political subdivisions and

any other funds provided for civil defense for such mutual purpose

shall be nonfiscal funds and shall be placed on deposit with the

county treasurer as custodian of such emergency management funds,

and from which expenditures may be made on forms prescribed by the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1234

State Auditor and Inspector, in accordance with procedures approved

by the State Emergency Management Director; and shall have power to

render aid to other political subdivisions under mutual aid

agreements, provided that the functioning of said units shall be

coordinated by the State Emergency Management Director and the

Director’s staff according to plans promulgated for that purpose.
Okla. Stat. tit. 63, § 63-1064 — OK Code / Title 63 / Section 63-1064
Cooperation between authorities
Status: in_force

Any two or more authorities may join or cooperate with one

another in the exercise, either jointly or otherwise, of any or all

of their powers for the purpose of financing, including the issuance

of bonds, notes or other obligations and giving security therefor,

planning, undertaking, owning, constructing, operating or

contracting with respect to a housing project or projects located

within the area of operation of any one or more of said housing

authorities. For such purpose a housing authority may by resolution

prescribe and authorize any other housing authority or authorities,

so joining or cooperating with it, to act on its behalf with respect

to any or all powers, as its agent or otherwise, in the name of the

housing authority or authorities so joining or cooperating, or in

its own name.
Okla. Stat. tit. 63, § 63-1-1950.6 — OK Code / Title 63 / Section 63-1-1950.6
Effective date - Definitions
Status: in_force

A. Sections 1-1950.6 through 1-1950.9 of this title shall be

effective September 1, 2005.

B. As used in Sections 1-1950.6 through 1-1950.9 of this title:

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

2. "Bureau" means the Oklahoma State Bureau of Investigation;

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

4. “Nursing facility” means a nursing facility and specialized

facility as such terms are defined in Section 1-1902 of this title;

5. “Nontechnical services worker” means a person employed by a

nursing facility to provide, for compensation, nontechnical services

in or upon the premises of a nursing facility. The term

“nontechnical services worker” shall not include a nurse aide, or

any person who is exempt from the criminal arrest check provisions

of Section 1-1950.1 of this title; and

6. “Nontechnical services” means services that:

a. are performed in or on the premises of a nursing

facility and that are predominantly physical or manual

in nature, and

b. involve or may involve patient contact including, but

not limited to, housekeeping, janitorial or

Oklahoma Statutes - Title 63. Public Health and Safety Page 766

maintenance services, food preparation and

administrative services.
Okla. Stat. tit. 63, § 63-1-738.1A — OK Code / Title 63 / Section 63-1-738.1A
Definitions
Status: in_force

As used in this section and Sections 1-738.2 through 1-738.5 of

Title 63 of the Oklahoma Statutes:

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

Title 63 of the Oklahoma Statutes;

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

omission of a statutorily required act, that, under the

circumstances as the actor believes them to be, constitutes a

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

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

3. "Board" means the State Board of Medical Licensure and

Supervision;

4. "Certified technician" means a Registered Diagnostic Medical

Sonographer who is certified in obstetrics and gynecology by the

American Registry for Diagnostic Medical Sonography (ARDMS), or a

nurse midwife or Advance Practice Nurse Practitioner in obstetrics

with certification in obstetrical ultrasonography;

5. "Medical emergency" means the existence of any physical

condition, not including any emotional, psychological, or mental

condition, which a reasonably prudent physician, with knowledge of

the case and treatment possibilities with respect to the medical

conditions involved, would determine necessitates the immediate

abortion of the pregnancy of the female to avert her death or to

avert substantial and irreversible impairment of a major bodily

function arising from continued pregnancy;

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

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

Oklahoma Statutes;

7. "Probable gestational age of the unborn child" means what,

in the judgment of the physician, will with reasonable probability

Oklahoma Statutes - Title 63. Public Health and Safety Page 322

be the gestational age of the unborn child at the time the abortion

is planned to be performed;

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

extent reasonably practicable, is safeguarded from having its

content altered other than by the State Board of Medical Licensure

and Supervision;

9. "Unborn child" means the term as is defined in Section 1-730

of Title 63 of the Oklahoma Statutes; and

10. "Woman" means a female human being whether or not she has

reached the age of majority.
Okla. Stat. tit. 63, § 63-1-818.4 — OK Code / Title 63 / Section 63-1-818.4
Renumbered as § 1430.4 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-1521 — OK Code / Title 63 / Section 63-1-1521
Short title
Status: in_force

This act shall be known and may be cited as the “Smoking in

Public Places and Indoor Workplaces Act”.
Okla. Stat. tit. 63, § 63-1-1949.8 — OK Code / Title 63 / Section 63-1-1949.8
Promulgation of rules
Status: in_force

The State Commissioner of Health shall promulgate rules to

implement the provisions of this act.
Okla. Stat. tit. 63, § 63-128.6 — OK Code / Title 63 / Section 63-128.6
Penalty for violation of §§ 128.4 and 128.5
Status: in_force

Any person, partnership or corporation violating any of the

provisions of Sections 23 and 24 of this act shall be fined not less

than Two Hundred Dollars ($200.00) nor more than Five Thousand

Dollars ($5,000.00) or by imprisonment in the county jail for a term

not exceeding twelve (12) months nor less than sixty (60) days.
Okla. Stat. tit. 63, § 63-2-503.1j — OK Code / Title 63 / Section 63-2-503.1j
Money and wire transmission fee - Quarterly
Status: in_force

remittance - Notice of income tax credit - Enforcement.

A. Any licensee of a money transmission, transmitter or wire

transmitter business pursuant to the Oklahoma Financial Transaction

Reporting Act and their delegates shall collect a fee of Five

Dollars ($5.00) for each transaction not in excess of Five Hundred

Dollars ($500.00) and in addition to such fee an amount equal to one

percent (1%) of the amount in excess of Five Hundred Dollars

($500.00).

B. The fee prescribed by subsection A of this section shall be

remitted quarterly to the Oklahoma Tax Commission on such forms as

the Commission, with the assistance of the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control, may prescribe for such

purpose. All required forms and remittances shall be filed with the

Tax Commission not later than the fifteenth day of the month

following the close of each calendar quarter.

C. The Oklahoma Tax Commission shall apportion all revenues

derived from the fee to the Drug Money Laundering and Wire

Transmitter Revolving Fund.

D. Every licensee and their delegates shall post a notice on a

form prescribed by the Director of the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control that notifies customers that

upon filing an individual income tax return with either a valid

social security number or a valid taxpayer identification number the

customer shall be entitled to an income tax credit equal to the

amount of the fee paid by the customer for the transaction.

E. The Oklahoma Tax Commission shall be afforded all provisions

currently under law to enforce the provisions of subsection B of

this section. If a licensee fails to file reports or fails to remit

the fee authorized by subsection B of this section, the Oklahoma Tax

Commission shall have the authority pursuant to Section 212 of Title

68 of the Oklahoma Statutes to suspend the license of the licensee

and its delegates. A notification of the suspension shall also be

sent to the State Banking Commissioner and the Director of the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. The

licensee and its delegates may not reapply for a license until all

required reports have been filed and all required fee amounts have

been remitted.

F. Upon request from the Oklahoma Tax Commission, the State

Banking Commissioner may make a claim against the surety bond of the

licensee on behalf of the State of Oklahoma.

G. The Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control and its attorneys may assist the Oklahoma Tax Commission in

Oklahoma Statutes - Title 63. Public Health and Safety Page 1026

conducting audits and the prosecution and/or seeking of legal

remedies to ensure compliance with this act.
Okla. Stat. tit. 63, § 63-427.11 — OK Code / Title 63 / Section 63-427.11
Caregiver license rights
Status: in_force

A. The caregiver license shall provide the caregiver the same

rights as the medical marijuana patient licensee including the

ability to possess marijuana, marijuana products, and mature and

immature plants pursuant to the Oklahoma Medical Marijuana and

Patient Protection Act, but excluding the ability to use marijuana

or marijuana products unless the caregiver has a medical marijuana

patient license. Caregivers shall be authorized to deliver

marijuana and products to their authorized patients. Caregivers

shall be authorized to possess medical marijuana and medical

marijuana products up to the sum of the possession limits for the

patients under his or her care pursuant to the Oklahoma Medical

Marijuana and Patient Protection Act.

B. An individual caregiver shall be limited to exercising the

marijuana cultivation rights of no more than five licensed patients

as prescribed by the Oklahoma Medical Marijuana and Patient

Protection Act.

C. The license of a caregiver shall not extend beyond the

expiration date of the underlying patient license regardless of the

issue date.

D. A medical marijuana patient license holder may request, at

any time, to withdraw the license of his or her caregiver. In the

event that such a request is made or upon the expiration of the

medical marijuana license of the patient, the license of the

caregiver shall be immediately withdrawn by the Oklahoma Medical

Marijuana Authority without the right to a hearing.
Okla. Stat. tit. 63, § 63-4209.4v2 — OK Code / Title 63 / Section 63-4209.4v2
Altering or forging certificate of title or
Status: in_force

assignment thereof - Penalties.

Any person who shall alter or forge, or cause to be altered or

forged, any certificate of title issued by the Oklahoma Tax

Commission, pursuant to the provisions of this title, or any

assignment thereof, or who shall hold or use any such certificate or

assignment, knowing the same to have been altered or forged, upon

conviction, shall be guilty of a Class D1 felony offense and shall

be punished by a fine of not less than Fifty Dollars ($50.00), and

not more than Five Thousand Dollars ($5,000.00), or by imprisonment

as provided for in subsections B through F of Section 20N of Title

21 of the Oklahoma Statutes, or by both such fine and imprisonment,

at the discretion of the court.
Okla. Stat. tit. 63, § 63-684.33 — OK Code / Title 63 / Section 63-684.33
Relation to other laws
Status: in_force

A. The Uniform Emergency Volunteer Health Practitioners Act

does not limit rights, privileges, or immunities provided to

volunteer health practitioners by laws other than the Uniform

Emergency Volunteer Health Practitioners Act. Except as otherwise

provided in subsection B of this section, the Uniform Emergency

Volunteer Health Practitioners Act does not affect requirements for

the use of health practitioners pursuant to the Emergency Management

Assistance Compact.

B. The State Department of Health, pursuant to the Emergency

Management Assistance Compact, may incorporate into the emergency

forces of this state volunteer health practitioners who are not

officers or employees of this state, a political subdivision of this

state, or a municipality or other local government within this

state.
Okla. Stat. tit. 63, § 63-6303 — OK Code / Title 63 / Section 63-6303
Reportable illnesses, health conditions, unusual
Status: in_force

clusters, or suspicious events – Duty to notify public health

authorities – Sharing of information.

A. Whenever the public safety authority or other state or local

government agency learns of a case of a reportable illness or health

condition, an unusual cluster, or a suspicious event that may be the

cause of a catastrophic health emergency, it shall immediately

notify the public health authority.

B. Whenever the public health authority learns of a case of a

reportable illness or health condition, an unusual cluster, or a

suspicious event that it reasonably believes has the potential to be

caused by terrorism, it shall immediately notify the public safety

authority, tribal authorities, and federal health and public safety

authorities.

C. Sharing of information on reportable illnesses, health

conditions, unusual clusters, or suspicious events between public

health and safety authorities shall be restricted to the information

necessary for the treatment, control, investigation, and prevention

of a catastrophic health emergency.
Okla. Stat. tit. 63, § 63-1-2004 — OK Code / Title 63 / Section 63-1-2004
Renumbered as § 2-7-105 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-5030.4 — OK Code / Title 63 / Section 63-5030.4
Drug utilization review program
Status: in_force

1. The Medicaid Drug Utilization Review Board shall develop and

recommend to the Oklahoma Health Care Authority Board a

Oklahoma Statutes - Title 63. Public Health and Safety Page 1735

retrospective and prospective drug utilization review program for

medical outpatient drugs to ensure that prescriptions are

appropriate, medically necessary, and not likely to result in

adverse medical outcomes.

2. The retrospective and prospective drug utilization review

program shall be operated under guidelines established by the

Medicaid Drug Utilization Review Board as follows:

a. The retrospective drug utilization review program

shall be based on guidelines established by the

Medicaid Drug Utilization Review Board using the

mechanized drug claims processing and information

retrieval system to analyze claims data in order to:

(1) identify patterns of fraud, abuse, gross overuse

or underuse, and inappropriate or medically

unnecessary care,

(2) assess data on drug use against explicit

predetermined standards that are based on the

compendia and other sources for the purpose of

monitoring:

(a) therapeutic appropriateness,

(b) overutilization or underutilization,

(c) appropriate use of generic drugs,

(d) therapeutic duplication,

(e) drug-disease contraindications

(f) drug-drug interactions,

(g) incorrect drug dosage,

(h) duration of drug treatment, and

(i) clinical abuse or misuse, and

(3) introduce remedial strategies in order to improve

the quality of care and to conserve program funds

or personal expenditures.

b. (1) The prospective drug utilization review program

shall be based on guidelines established by the

Medicaid Drug Utilization Review Board and shall

provide that, before a prescription is filled or

delivered, a review will be conducted by the

pharmacist at the point of sale to screen for

potential drug therapy problems resulting from:

(a) therapeutic duplication,

(b) drug-drug interactions,

(c) incorrect drug dosage or duration of drug

treatment,

(d) drug-allergy interactions, and

(e) clinical abuse or misuse.

(2) In conducting the prospective drug utilization

review, a pharmacist may not alter the prescribed

Oklahoma Statutes - Title 63. Public Health and Safety Page 1736

outpatient drug therapy without the consent of

the prescribing physician or purchaser.
Okla. Stat. tit. 63, § 63-1-522 — OK Code / Title 63 / Section 63-1-522
Treatment without prescription
Status: in_force

Except as provided in Section 1 of this act, it shall be

unlawful for any dealer to treat or offer to treat any infected

person, or to sell, furnish or give to any infected person, or to

any other person whomsoever, any medicines of any kind that may be

advertised or used for treatment of a sexually transmitted infection

(STI), before requiring such person to produce and file with such

dealer a proper prescription for such medicine, issued and signed by

a physician, which prescription shall be by the dealer kept on file

for a period of one (1) year from the date of the person receiving

the same, and subject, at all reasonable hours, to the inspection of

the State Commissioner of Health or local health officer.
Okla. Stat. tit. 63, § 63-1-2013 — OK Code / Title 63 / Section 63-1-2013
Renumbered as § 2-7-131 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-2711 — OK Code / Title 63 / Section 63-1-2711
Legislative findings - Purpose
Status: in_force

A. The Legislature recognizes that there is a need to:

1. Upgrade the availability of quality dental care services for

the people of Oklahoma;

2. Improve the balance of dental manpower distribution in the

state by geographic location; and

3. Increase access to dental care to those who are dependent on

the state for necessary dental care.

B. The purpose of the Oklahoma Dental Loan Repayment Act shall

be to:

1. Increase the number of dentists serving and caring for those

dependent upon the state for dental care; and

2. Ensure that dental care and services are accessible

throughout the state, and specifically, that quality dental care and

services be accessible to underserved dental areas in rural and

metropolitan areas of the state, and to those dependent upon the

state for dental care.
Okla. Stat. tit. 63, § 63-5051.4 — OK Code / Title 63 / Section 63-5051.4
Coverage under Medicaid Program Reform Act of 2003 -
Status: in_force

Enrollment fee and/or premium.

The Oklahoma Health Care Authority is hereby authorized to

charge an enrollment fee and/or premium for the provision of health

care coverage under the Oklahoma Medicaid Program Reform Act of

2003. Such charges, if unpaid, create a debt to the state and are

subject to recovery by the Authority by any legal action against an

enrollee, the heirs or next of kin of the enrollee in the event of

the death of the enrollee. The Authority may end coverage for the

nonpayment of such enrollment and/or premium pursuant to rules

promulgated by the Oklahoma Health Care Authority Board.
Okla. Stat. tit. 63, § 63-1-744 — OK Code / Title 63 / Section 63-1-744
Short title - Parental Notification for Abortion Act
Status: in_force

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

Notification for Abortion Act".
Okla. Stat. tit. 63, § 63-1-229.26 — OK Code / Title 63 / Section 63-1-229.26
Transfer of any material or device used in smoking,
Status: in_force

chewing or consumption of tobacco or vapor products to persons under

21 prohibited – Administrative fine for violation.

A. It is unlawful for any person to sell, give or furnish in

any manner to another person who is under twenty-one (21) years of

age any material or device used in the smoking, chewing, or other

method of consumption of tobacco products, nicotine products or

vapor products, including cigarette papers, pipes, holders of

smoking materials of all types, and other items designed primarily

for the smoking or ingestion of tobacco products, nicotine products

or vapor products.

B. When a person violates subsection A of this section, the

Alcoholic Beverage Laws Enforcement (ABLE) Commission shall impose

an administrative fine of not more than One Hundred Dollars

($100.00) for each offense.
Okla. Stat. tit. 63, § 63-1-818.37 — OK Code / Title 63 / Section 63-1-818.37
Renumbered as § 1430.37 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-403 — OK Code / Title 63 / Section 63-1-403
Exposure to tuberculosis
Status: in_force

Whenever it has been determined that any person has active

tuberculosis disease, it shall be the duty of the local health

officer to instruct such person as to the precautions necessary to

protect the members of the person's household or the community from

becoming infected with tuberculosis communicated by such person. It

shall be the duty of such person to live in such a manner as not to

expose members of the person’s family or household, or any other

person with whom the person may be associated, to danger of

infection. The local health officer shall investigate periodically

for the purpose of determining if the instructions are being carried

out in a reasonable and acceptable manner.

Oklahoma Statutes - Title 63. Public Health and Safety Page 206
Okla. Stat. tit. 63, § 63-1-737.14 — OK Code / Title 63 / Section 63-1-737.14
Disclosure of identity
Status: in_force

In every civil, criminal, or administrative proceeding or action

brought under the Oklahoma Unborn Child Protection from

Dismemberment Abortion Act, the court shall rule whether the

identity of any woman upon whom an abortion has been performed or

attempted to be performed shall be preserved from public disclosure

if she does not give her consent to such disclosure. The court,

upon motion or sua sponte, shall make such a ruling and, upon

determining that her anonymity should be preserved, shall issue

orders to the parties, witnesses, and counsel and shall direct the

sealing of the record and exclusion of individuals from courtrooms

or hearing rooms to the extent necessary to safeguard her identity

from public disclosure. Each such order shall be accompanied by

specific written findings explaining why the anonymity of the woman

should be preserved, why the order is essential to that end, how the

order is narrowly tailored to serve that interest, and why no

reasonable less-restrictive alternative exists. In the absence of

written consent of the woman upon whom an abortion has been

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

official who brings an action under Section 4 or 5 of this act shall

do so under a pseudonym. This section may not be construed to

conceal the identity of the plaintiff or of witnesses from the

defendant or from attorneys for the defendant.
Okla. Stat. tit. 63, § 63-4104 — OK Code / Title 63 / Section 63-4104
Apportionment and distribution of revenue
Status: in_force

All revenue derived under the Oklahoma Vessel and Motor Excise

Tax Act, Section 4102 et seq. of this title, shall be apportioned

and distributed by Service Oklahoma as provided for in Section 1101

of Title 47 of the Oklahoma Statutes of the Oklahoma Vehicle License

and Registration Act.
Okla. Stat. tit. 63, § 63-1-517 — OK Code / Title 63 / Section 63-1-517
Definitions
Status: in_force

For the purposes of the following sections of this article:

(a) The term "sexually transmitted infection (STI)" means

syphilis, gonorrhea, chlamydia, human immunodeficiency virus

(HIV)/acquired immune deficiency syndrome (AIDS), and any other

disease which may be transmitted from any person to any other person

through or by means of any form of sexual contact.

(b) The term "infected person" means any individual, either

sex, who may be carrying the organism or is afflicted with any STI.

(c) The term "dealer" means any person who may handle, for

sale, any medicinal remedies or supposed remedies for an STI, and

the agents, clerks and employees of any such person; and any person

who may profess or claim to treat or cure, by the use of medicine or

otherwise, any sexually transmitted infection (STI), and the agents,

clerks and employees.

(d) The term "health care provider" means an allopathic

physician, osteopathic physician, physician assistant, or Advanced

Practice Registered Nurse licensed in this state and authorized to

prescribe drugs.
Okla. Stat. tit. 63, § 63-2-604 — OK Code / Title 63 / Section 63-2-604
Short title
Status: in_force

This act may be cited as the Uniform Controlled Dangerous

Substances Act.
Okla. Stat. tit. 63, § 63-2200.27A — OK Code / Title 63 / Section 63-2200.27A
Office of Chief Medical Examiner - Compensation from
Status: in_force

recovery organizations.

Neither the Office of the Chief Medical Examiner nor any

employee of the Office of the Chief Medical Examiner of this state

shall receive compensation of any kind from any organ, eye or tissue

recovery organization except as provided in subsection G of Section

23 of this act.
Okla. Stat. tit. 63, § 63-7310 — OK Code / Title 63 / Section 63-7310
Health insurance plans – Step therapy protocol -
Status: in_force

Requirements.

A. As used in this section:

1. "Clinical practice guidelines" means a systematically

developed statement to assist decision-making by healthcare

providers and patients about appropriate healthcare or specific

clinical circumstances and conditions;

2. "Health insurance plan" means any individual or group health

insurance policy, medical service plan, contract, hospital service

corporation contract, hospital and medical service corporation

contract, fraternal benefit society or health maintenance

organization, municipal group-funded pool, the Oklahoma Medicaid

Program and the state health care benefits plan that provides

medical, surgical or hospital expense coverage. For purposes of

this section, "health insurance plan" also includes any utilization

review organization that contracts with a health insurance plan

provider;

3. "Medical necessity" means that, under the applicable

standard of care, a health service or supply is appropriate to

improve or preserve health, life or function, to slow the

deterioration of health, life or function or for the early

screening, prevention, evaluation, diagnosis or treatment of a

disease, condition, illness or injury;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1790

4. "Step therapy protocol" means a protocol or program that

establishes a specific sequence in which prescription drugs for a

specified medical condition that are medically appropriate for a

particular patient are covered by a health insurance plan;

5. "Step therapy exception" means a process by which a step

therapy protocol is overridden in favor of immediate coverage of the

healthcare provider's selected prescription drug;

6. "Utilization review organization" means an entity that

conducts utilization review, not including a health insurance plan

provider performing utilization review for the provider's own health

insurance plan; and

7. "Pharmaceutical sample" means a unit of a prescription drug

that is not intended to be sold and is intended to promote the sale

of the drug.

B. For any health insurance plan that is delivered, issued for

delivery, amended or renewed on or after January 1, 2020, and that

utilizes a step therapy protocol, a health carrier, health benefit

plan or utilization review organization shall use recognized,

evidence-based and peer-reviewed clinical practice guidelines when

establishing any step therapy protocol, when such guidelines are

available.

C. 1. For any health insurance plan that is delivered, issued

for delivery, amended or renewed on or after January 1, 2020, and

that restricts coverage of a prescription drug for the treatment of

any medical condition pursuant to a step therapy protocol, the

health insurance plan provider shall provide to the prescribing

healthcare provider and patient access to a clear, convenient and

readily accessible process to request a step therapy exception. Any

health insurance plan provider that utilizes a step therapy protocol

shall make such process to request a step therapy exception

accessible on the health insurance plan provider's website.

2. A health insurance plan shall grant a requested step therapy

exception if the submitted justification of the prescribing provider

and supporting clinical documentation, if needed, is completed and

supports the statement of the provider that:

a. the required prescription drug is contraindicated or

will likely cause an adverse reaction or physical or

mental harm to the patient,

b. the required prescription drug is expected to be

ineffective based on the known clinical

characteristics of the patient and the known

characteristics of the prescription drug,

c. the patient has tried the required prescription drug

while under the patient's current or a previous health

insurance plan and such prescription drug was

discontinued due to lack of efficacy or effectiveness,

diminished effect or an adverse event,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1791

d. the required prescription drug is not in the best

interest of the patient, based on medical necessity,

or

e. the patient is stable on a prescription drug selected

by the patient's healthcare provider for the medical

condition under consideration while on the patient's

current or a previous health insurance plan.

3. A health insurance plan provider shall permit a patient to

appeal any decision rendered on a request for a step therapy

exception.

D. A health insurance plan provider shall respond to a request

for a step therapy exception, or any appeal therefor, within

seventy-two (72) hours of receipt of the request or appeal. If a

patient's prescribing healthcare provider indicates that exigent

circumstances exist, the health insurance plan provider shall

respond to such a request or appeal within twenty-four (24) hours of

receipt of the request or appeal. If the health insurance plan

provider fails to respond within the required time, the step therapy

exception or appeal shall be deemed granted. Upon granting a step

therapy exception, the health insurance plan provider shall

authorize coverage for and dispensation of the prescription drug

prescribed by the patient's healthcare provider.

E. This section shall not be construed to prevent a healthcare

provider from prescribing a prescription drug that is determined to

be medically appropriate.

F. Nothing in this section shall be construed to authorize the

use of a pharmaceutical sample for the sole purpose of meeting the

requirements for a step therapy exception.

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

substitution of a drug in accordance with current statutes and

regulations of this state.

H. The Oklahoma Insurance Department and the Oklahoma Health

Care Authority shall adopt rules necessary to implement and

administer this act prior to January 1, 2020.
Okla. Stat. tit. 63, § 63-683.25 — OK Code / Title 63 / Section 63-683.25
Short title
Status: in_force

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

Volunteerism Act".
Okla. Stat. tit. 63, § 63-2200.31 — OK Code / Title 63 / Section 63-2200.31
Civil actions against covered entities
Status: in_force

A. Whenever it appears that a covered entity has violated or is

in violation of any of the provisions of this act, the affected

individual may commence a civil action for injunctive and other

equitable relief against the covered entity for purposes of

enforcing compliance with this act. The action may be brought in

the district court for the county where the affected individual

resides or resided or was denied the organ transplant or referral.

B. In an action brought under this act, the court shall give

priority on its docket and expedited review, and may grant

injunctive or other equitable relief including:

1. Requiring auxiliary aids or services to be made available

for a qualified recipient;

2. Requiring the modification of a policy, practice or

procedure of a covered entity; or

3. Requiring facilities be made readily accessible to and

usable by a qualified recipient.

C. Nothing in this act is intended to limit or replace

available remedies under the Americans with Disabilities Act or any

other applicable law.

D. This act does not create a right to compensatory or punitive

damages against a covered entity.
Okla. Stat. tit. 63, § 63-1-203 — OK Code / Title 63 / Section 63-1-203
County superintendent of health - Appointment -
Status: in_force

Compensation.

(a) There is hereby created the office of county superintendent

of health for each county that does not maintain a county department

of health and that does not participate in the maintenance of a

district department of health.

(b) The county superintendent of health shall be a regularly

practicing physician, of good standing and of good moral character,

and shall be a resident of the county for which he is appointed. He

shall be appointed by, and shall serve at the pleasure of, the State

Commissioner of Health. He shall be compensated for his services at

a rate to be fixed by the board of county commissioners, subject to

the following limitations: In counties having a population of not

more than ten thousand (10,000), as shown by the last preceding

Federal Decennial Census, he shall be paid not less than Two Hundred

Dollars ($200.00) per annum; in counties having such a population of

more than ten thousand (10,000) and not more than twenty thousand

(20,000), he shall be paid not less than Three Hundred Dollars

($300.00) per annum; in counties having such a population of more

than twenty thousand (20,000) and not more than forty thousand

(40,000), he shall be paid not less than Five Hundred Dollars

($500.00) per annum; in counties having such a population of more

than forty thousand (40,000) and not more than fifty thousand

(50,000), he shall be paid not less than Seven Hundred Dollars

($700.00) per annum; and in counties having such a population in

excess of fifty thousand (50,000), he shall be paid not less than

One Thousand Five Hundred Dollars ($1,500.00) per annum.
Okla. Stat. tit. 63, § 63-1-1525 — OK Code / Title 63 / Section 63-1-1525
Measures to prevent smoking in nonsmoking areas
Status: in_force

The state or local governmental agency or the person who owns or

operates a public place shall, at a minimum, do the following in

order to prevent tobacco or marijuana smoking or marijuana vaping in

public places:

1. Post conspicuous signs at entrances to and in prominent

locations within places where tobacco or marijuana smoking or

marijuana vaping is prohibited which state that tobacco or marijuana

smoking or marijuana vaping is prohibited or that the indoor

environment is free of tobacco or marijuana smoke or marijuana

vapor; and

2. Ask tobacco or marijuana smokers or marijuana vapers to

refrain from smoking upon observation of anyone violating the

provisions of Section 1-1521 et seq. of this title.
Okla. Stat. tit. 63, § 63-7002 — OK Code / Title 63 / Section 63-7002
Sale, etc. of human or synthetic urine or of adulterants
Status: in_force

– Violation – Penalty.

A. It is unlawful for a person to:

1. Sell, give away, distribute, or market human or synthetic

urine in this state or transport human or synthetic urine into this

state with the intent of using the urine to defraud or cause

deceitful results in a urine, drug, or alcohol screening test;

2. Attempt to foil or defeat a urine, drug, or alcohol

screening test by the substitution or spiking of a urine sample;

3. Advertise for sale any product designed to foil or defeat a

urine, drug, or alcohol screening test;

4. Adulterate a urine or other bodily fluid sample with the

intent to defraud or cause deceitful results in a urine, drug, or

alcohol screening test;

5. Possess adulterants which are intended to be used to

adulterate a urine or other bodily fluid sample for the purpose of

defrauding or causing deceitful results in a urine, drug, or alcohol

screening test; or

6. Sell or market an adulterant with the intent by the seller

or marketer that the product be used to adulterate a urine or other

bodily fluid sample for the purpose of defrauding or causing

deceitful results in a urine, drug, or alcohol screening test.

B. Intent to defraud or cause deceitful results in a urine,

drug, or alcohol screening test is presumed if:

1. A heating element or any other device used to thwart a drug

screening test accompanies the sale, giving, distribution, or

marketing of urine; or

2. Instructions that provide a method for thwarting a drug

screening test accompany the sale, giving, distribution, or

marketing of urine.

C. As used in this section, “adulterant” means a substance that

is not expected to be in human urine or a substance expected to be

present in human urine but that is at a concentration so high that

it is not consistent with human urine, including, but not limited

to:

1. Bleach;

2. Chromium;

3. Creatinine;

4. Detergent;

5. Glutaraldehyde;

6. Glutaraldehyde/squalene;

7. Hydrochloric acid;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1779

8. Hydroiodic acid;

9. Iodine;

10. Nitrite;

11. Peroxidase;

12. Potassium dichromate;

13. Potassium nitrite;

14. Pyridinium chlorochromate; and

15. Sodium nitrite.

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

subsection A of this section shall be guilty of a misdemeanor and

shall be sentenced to a term of imprisonment in the county jail for

a period of not more than one (1) year or a fine of not more than

One Thousand Dollars ($1,000.00), or both such imprisonment and

fine.
Okla. Stat. tit. 63, § 63-1-218.1 — OK Code / Title 63 / Section 63-1-218.1
Travel expenses - Reimbursement - Payment by credit
Status: in_force

card.

A. Upon direction of the director of a city-county health

department, employees of such city-county health department may be

reimbursed for use of their personally owned automobiles while

performing their duties on official business for the Department at a

rate not to exceed that allowed for mileage to state employees.

Travel claims for reimbursement on a mileage basis shall be

accompanied by a detailed statement showing an adequate basis for

computing the miles of travel and the purpose for the travel, and

may be paid from any funds available for that purpose.

B. Subject to the limitations and procedures provided by this

section, approved employees of a city-county health department may

purchase materials, supplies, or services necessary for travel out

of the county in which the city-county health department operates by

use of one or more credit cards issued to the city-county health

department. Purchases made with the credit cards shall be limited

to actual expenses for travel out of the county by employees in the

performance of their official duties. For purposes of this section,

"actual expenses for travel" shall mean expenses for travel by

public or private railroads, airplanes, buses, rental cars, or other

public or private conveyances, fuel, oil, meals, lodging, parking

fees, or telephone expenses.

C. The city-county health department shall encumber sufficient

funds each month to pay for the estimated charges made with the

cards including any annual or other fee owed for use of the cards.

Payment for charges incurred on any card shall be made in a timely

manner so that no interest charges or penalties accrue and so that

the total payment amount corresponds to the balance of charges for

purchases in addition to any applicable annual fee or service

charge.

D. All receipts for charges made by use of any card issued to a

city-county health department shall be maintained to facilitate

accurate records of total monthly expenditures for which the city-

county health department shall be obligated.

Oklahoma Statutes - Title 63. Public Health and Safety Page 114

E. Employees who make credit purchases with credit cards issued

to a city-county health department shall immediately and accurately

document the expenditures on a form prepared by the State Auditor

and Inspector, attaching receipts and a written explanation of each

expenditure as to the date, case number, or other identification

number, area or location, reason for expenditure and amount

expended. A copy of the form shall be submitted to the director of

the city-county health department for approval and the original form

shall be attached to the purchase order and shall be submitted for

payment. A copy of the form shall be retained for the records of

the city-county health department.

F. An employee of the city-county health department shall not

receive any reimbursement pursuant to the provisions of subsection A

of this section for any expenses for which a credit card issued

pursuant to the provisions of this section has been used.
Okla. Stat. tit. 63, § 63-1-1956.6 — OK Code / Title 63 / Section 63-1-1956.6
Consent for electronic monitoring
Status: in_force

A. A resident or representative of a resident who wishes to

conduct authorized electronic monitoring shall be required to notify

the nursing facility, assisted living center or continuum of care

facility on the consent form prescribed by the State Department of

Health.

B. The consent form prescribed by the Department shall require

the resident or the representative of a resident to obtain the

consent of any other resident in the room or the representative of a

resident, using the consent form prescribed for this purpose by the

Department, if the resident resides in a room with another resident.

C. Consent may be given only:

1. By the resident or any other resident in the room; or

2. By the representative of the resident or representative of

any other resident in the room.

D. Another resident in the room may:

1. When the proposed electronic monitoring device is a video

surveillance camera, condition consent on the camera being pointed

away from the consenting resident; and

2. Condition consent on the use of an audio electronic

monitoring device being limited or prohibited.

E. Except as provided for in Section 1-1953.7 of this title,

authorized electronic monitoring may begin only after the required

consent forms specified in Section 1-1953.1 et seq. of this title

have been completed and returned to the nursing facility, assisted

living center or continuum of care facility and placed on file with

the administrator of such facility or center.

F. If authorized electronic monitoring is being conducted in

the room of a resident, another resident may not be moved into the

room unless the resident or representative of the resident has

consented to the use of existing electronic monitoring, in

accordance with Section 1-1953.1 et seq. of this title.

G. The Department may include other information that it

considers to be appropriate on any form it is required to prescribe

under the provisions of Section 1-1953.1 et seq. of this title.

H. The Department shall prescribe the forms required by Section

1-1953.1 et seq. of this title no later than November 1, 2013, and

shall make such forms available on its website.
Okla. Stat. tit. 63, § 63-7100.4 — OK Code / Title 63 / Section 63-7100.4
Authorization form for exchange of health information -
Status: in_force

Instructions.

A. The State Board of Health shall adopt and distribute a

standard authorization form and accompanying instructions for use in

obtaining authorization for the exchange of health information.

B. The authorization form adopted and distributed by the Board

shall comply with all applicable federal and state privacy and

privilege laws.
Okla. Stat. tit. 63, § 63-2455 — OK Code / Title 63 / Section 63-2455
Renumbered as § 1-2521 of this title by Laws 1999, c
Status: in_force

156, § 5, eff. Nov. 1, 1999.
Okla. Stat. tit. 63, § 63-2-407.1 — OK Code / Title 63 / Section 63-2-407.1
Certain substances causing intoxication, distortion or
Status: in_force

disturbances of auditory, visual, muscular or mental processes

prohibited - Exemptions - Penalties.

A. For the purpose of inducing intoxication or distortion or

disturbance of the auditory, visual, muscular, or mental process, no

person shall ingest, use, or possess any compound, liquid, or

chemical which contains ethylchloride, butyl nitrite, isobutyl

nitrite, secondary butyl nitrite, tertiary butyl nitrite, amyl

nitrite, isopropyl nitrite, isopentyl nitrite, or mixtures

containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite,

tertiary butyl nitrite, amyl nitrite, isopropyl nitrite, isopentyl

nitrite, or any of their esters, isomers, or analogues, or any other

similar compound.

B. No person shall possess, buy, sell, or otherwise transfer

any substance specified in subsection A of this section for the

purpose of inducing or aiding any other person to inhale or ingest

such substance or otherwise violate the provisions of this section.

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

not apply to:

1. The possession and use of a substance specified in

subsection A of this section which is used as part of the care or

treatment by a licensed physician of a disease, condition or injury

or pursuant to a prescription of a licensed physician; and

2. The possession of a substance specified in subsection A of

this section which is used as part of a known manufacturing process

or industrial operation when the possessor has obtained a permit

from the State Department of Health.

D. The State Board of Health shall promulgate rules and

regulations establishing procedures for the application, form and

issuance of a permit to legitimate manufacturing and industrial

applicants as provided for in subsection C of this section.

E. Any person convicted of violating any provision of

subsection A or B of this section shall be guilty of a misdemeanor

punishable by imprisonment in the county jail not to exceed ninety

Oklahoma Statutes - Title 63. Public Health and Safety Page 996

(90) days or by the imposition of a fine not to exceed Five Hundred

Dollars ($500.00), or by both such imprisonment and fine. Each

violation shall be considered a separate offense.

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, § 63-4019 — OK Code / Title 63 / Section 63-4019
Registration fees - Due date - Delinquency - Registration
Status: in_force

dates - Proportional fees.

A. 1. The registration fees herein levied upon vessels and

motors located within this state shall be due on the first day of

July each year and shall become delinquent on the first day of

August thereafter.

2. Any person owning a vessel or motor subject to the

provisions of this subsection and failing or refusing to file

application for the registration of such vessel or motor and to pay

the annual registration fee as provided by the Oklahoma Vessel and

Motor Registration Act, on or before the 31st day of July each year,

shall be deemed delinquent.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1625

B. On the registration of new vessels or new motors purchased

in this state and on new or used vessels or motors used in this

state or brought into this state between July 1 and September 30,

inclusive, of any year the payment of the full annual registration

and license fee shall be collected; and between October 1 and

December 31, inclusive, of any year the payment of three-fourths

(3/4) the annual registration and license fee shall be collected;

and between January 1 and March 31, inclusive, of any year the

payment of one-half (1/2) the annual registration and license fee

shall be collected; and between April 1 and June 30, inclusive, of

any year the payment of one-fourth (1/4) of the annual registration

and license fee shall be collected.

C. Any person registering a vessel or motor under the

provisions of the Oklahoma Vessel and Motor Registration Act may

elect to have the vessel or motor registered for a three-year

period. If a person elects to register the vessel or motor for a

three-year period, the person shall pay ninety percent (90%) of the

registration fees that the person would have otherwise paid if the

person had registered the vessel or a motor on an annual basis over

the three-year period. If a person is registering a vessel or motor

pursuant to the provisions of subsection B of this section and

elects to register the vessel or motor for a three-year period, the

partial year registration shall count as one of the three (3) years

of registration. The licensed operator registering the vessel or

motor for a three-year period shall receive one hundred percent

(100%) of the fees the licensed operator would have otherwise

received pursuant to subsection B of Section 1141.1 of Title 47 of

the Oklahoma Statutes if the vessel or motor had been registered on

an annual basis over the three-year period.
Okla. Stat. tit. 63, § 63-1-725.12 — OK Code / Title 63 / Section 63-1-725.12
Hospitals — Public lists of standard charges
Status: in_force

Notwithstanding any other law, a hospital shall make public:

1. A digital file in a machine-readable format that contains a

list of all standard charges for all hospital items or services as

described by Section 3 of this act; and

2. A consumer-friendly list of standard charges for a limited

set of shoppable services as provided in Section 4 of this act.
Okla. Stat. tit. 63, § 63-1-731 — OK Code / Title 63 / Section 63-1-731
Persons who may perform abortions - Violations
Status: in_force

A. No person shall perform or induce an abortion upon a

pregnant woman unless that person is a physician licensed to

practice medicine in the State of Oklahoma who is board-certified in

obstetrics and gynecology. Any person violating this section shall

be guilty of a Class D2 felony offense punishable by imprisonment

for not less than one (1) year nor more than three (3) years in the

custody of the Department of Corrections.

B. No person shall perform or induce an abortion upon a

pregnant woman subsequent to the end of the first trimester of her

pregnancy, unless such abortion is performed or induced in a general

hospital.
Okla. Stat. tit. 63, § 63-1-2019 — OK Code / Title 63 / Section 63-1-2019
Renumbered as § 2-7-305 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-931 — OK Code / Title 63 / Section 63-931
Board of Medicolegal Investigations - Membership -
Status: in_force

Compensation - Meetings.

The Board of Medicolegal Investigations is hereby re-

created. The members of the Board shall be:

1. The Director of the State Bureau of Investigation, or a

designee;

2. The State Commissioner of Health, or a designee;

3. The Dean of the College of Medicine of the University of

Oklahoma, or a designee;

4. The President or Dean of the Oklahoma State University

Center for Health Sciences, or a designee;

5. The President of the Oklahoma Bar Association, or a

designee;

6. The President of the Oklahoma Osteopathic Association, or a

designee;

7. The President of the Oklahoma State Medical Association, or

a designee; and

8. A funeral director, as provided by Section 396.3 of Title 59

of the Oklahoma Statutes, appointed by the Oklahoma Funeral Board.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1282

The Chief Medical Examiner shall be an ex officio nonvoting member

of the Board. The Board shall elect one of its members as chair and

one of its members as vice-chair. Elections of board members shall

be held annually. An elected member shall not serve in the same

capacity as chair or vice-chair for more than two (2) consecutive

years. Members of the Board shall receive no compensation for their

services on this Board. Regular meetings of the Board shall be held

at such times as determined by its members, and special meetings may

be called by the chair. Four members shall constitute a quorum.
Okla. Stat. tit. 63, § 63-1-2702.1 — OK Code / Title 63 / Section 63-1-2702.1
Telehealth website – Establishment - Purpose
Status: in_force

A. The Oklahoma Center for Telemedicine shall establish and

maintain a telehealth website for the State of Oklahoma. A direct

link to the telehealth website shall be maintained on the State of

Oklahoma government website page.

B. The purpose of the telehealth website shall be to promote

the utilization and expansion of telemedicine in this state by:

1. Facilitating the exchange of information between

telemedicine service providers and current or potential service

users within the state;

2. Providing links to additional telemedicine websites; and

3. Providing a current listing of public and private grants

available for:

a. the development of telehealth,

b. support or improvement of rural health facilities or

services, and

c. enhancing the delivery of health care services to

rural and underserved populations.

C. The Oklahoma Center for Telemedicine shall provide

information and assistance to hospitals and community health centers

seeking technical assistance for the development and submission of

grant applications and proposals.
Okla. Stat. tit. 63, § 63-1-291.5 — OK Code / Title 63 / Section 63-1-291.5
Approval of treatment plan and funding - Time limit
Status: reserved

for treatment and submission of bills.

Oklahoma Statutes - Title 63. Public Health and Safety Page 171

Any Oklahoma veteran who has been diagnosed with a traumatic

brain injury (TBI) and prescribed hyperbaric oxygen treatment (HBOT)

by a medical professional authorized under Section 2 of this act may

receive HBOT at any facility in the state that has a hyperbaric

chamber and provides treatment in accordance with Section 2 of this

act.

Prior to receiving treatment, a treatment plan for the TBI by

HBOT shall be reviewed and conform to a plan approved by the

Oklahoma State University Center for Aerospace and Hyperbaric

Medicine. The facility seeking reimbursement from the fund shall

request approval for funding from the Director of the Office of

Management and Enterprise Services. Upon receipt of an approved

request for treatment, the funds for treatment shall be set aside

and used to ensure payment in full for the veteran's treatment. If

there is not enough money in the fund to set aside for treatment

reimbursement, the Director of Office of Management and Enterprise

Services shall deny approval of the request.

At the conclusion of six (6) months of no treatment and/or the

lack of submission of any bills, the Director of the Office of

Management and Enterprise Services shall advise the veteran and the

participating facility that the funding reserved for the HBOT shall

expire within ninety (90) days if no contact is made by the facility

that treatment is scheduled and/or continued. Should the facility

fail to contact the Office of Management and Enterprise Services

with the information that treatment is scheduled and/or continued,

then the monies reserved for treatment of that veteran shall be

released and made available to another veteran meeting the

requirements of this act.
Okla. Stat. tit. 63, § 63-2-309G — OK Code / Title 63 / Section 63-2-309G
Development of criteria for production of exception
Status: in_force

reports out of information collected.

The Oklahoma Bureau of Narcotics and Dangerous Drugs Control

shall develop criteria for the production of exception reports out

of the information collected at the central repository. In

Oklahoma Statutes - Title 63. Public Health and Safety Page 957

developing these criteria, the Bureau shall seek the counsel of the

following entities:

1. Board of Podiatric Medical Examiners;

2. Board of Dentistry;

3. Board of Pharmacy;

4. State Board of Medical Licensure and Supervision;

5. State Board of Osteopathic Examiners;

6. State Board of Veterinary Medical Examiners;

7. Oklahoma Podiatric Medical Association;

8. Oklahoma Dental Association;

9. Oklahoma Pharmaceutical Association;

10. Oklahoma State Medical Association;

11. Oklahoma Osteopathic Association; and

12. Oklahoma Veterinary Medical Association.
Okla. Stat. tit. 63, § 63-2200.30 — OK Code / Title 63 / Section 63-2200.30
Application of act – Consideration of factors by
Status: in_force

covered entities.

A. The provisions of this section shall apply to all stages of

the organ transplant process.

B. A covered entity shall not, solely on the basis of an

individual's disability:

1. Consider the individual ineligible to receive an anatomical

gift or organ transplant;

2. Deny medical services or other services related to organ

transplantation including diagnostic services, evaluation, surgery,

counseling, post-operative treatment and services;

3. Refuse to refer the individual to a transplant center or

other related specialist for the purpose of being evaluated for or

receiving an organ transplant;

4. Refuse to place a qualified recipient on an organ transplant

waiting list;

5. Place a qualified recipient on an organ transplant waiting

list at a lower priority position than the position at which the

individual would have been placed if the individual did not have a

disability; or

6. Refuse to accept health insurance coverage for any procedure

associated with being evaluated for or receiving an anatomical gift

or organ transplant including post-transplantation and post-

transfusion care.

C. Notwithstanding subsection B of this section, a covered

entity may take an individual's disability into account when making

treatment or coverage recommendations or decisions, solely to the

extent that the disability has been found by a physician or surgeon,

following an individualized evaluation of the individual, to be

medically significant to the receipt of the anatomical gift.

D. If an individual has the necessary support system to assist

the individual in complying with post-transplant medical

requirements, a covered entity shall not consider the individual's

inability to independently comply with post-transplant medical

requirements to be medically significant for the purposes of

subsection C of this section.

E. A covered entity shall make reasonable modifications to its

policies, practices or procedures to allow individuals with

disabilities access to transplantation-related services including

diagnostic services, surgery, coverage, post-operative treatment and

counseling, unless the entity can demonstrate that making such

modifications would fundamentally alter the nature of such services.

F. A covered entity shall take steps necessary to ensure that

an individual with a disability is not denied medical services or

other services related to organ transplantation including diagnostic

services, surgery, post-operative treatment or counseling, due to

the absence of auxiliary aids or services, unless the covered entity

Oklahoma Statutes - Title 63. Public Health and Safety Page 1374

demonstrates that taking the steps would fundamentally alter the

nature of the medical services or other services related to organ

transplantation or would result in an undue burden for the covered

entity.

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

covered entity to make a referral or recommendation for or perform a

medically inappropriate organ transplant.

H. A covered entity shall otherwise comply with the

requirements of Titles II and III of the Americans with Disabilities

Act of 1990, as amended by the ADA Amendments Act of 2008.