Okla. Stat. tit. 63, § 63-1-1201 — OK Code / Title 63 / Section 63-1-1201
Hotels, motels, etc. - Licenses required - Rules and
Status: in_force

regulations.

A. It shall be unlawful for any person to operate or maintain a

hotel unless he or she shall have first obtained, and holds, a

license issued for such purpose by the State Commissioner of Health.

Unless otherwise provided by rule by the Commissioner, each such

license shall expire on the 30th day of June next following its

issuance, and the Commissioner shall charge and collect therefor an

annual fee to be fixed by the Commissioner. The term "hotel" as

used in this section shall mean and include any hotel, motel,

tourist court, apartment house, rooming house or other place where

sleeping accommodations are furnished, or offered, for pay for

transient guests, if five or more rooms are available therein for

transient guests. This section shall apply to the operation of a

hotel by a state board.

B. The Commissioner may adopt reasonable standards, rules and

regulations for hotels as to the following: cleanliness and

bactericidal treatment of equipment and utensils; cleanliness and

hygiene of personnel; toilet facilities; disposal of wastes; water

supply; and any other items deemed necessary to safeguard the

health, comfort and safety of guests accommodated therein.
Okla. Stat. tit. 63, § 63-1-2600 — OK Code / Title 63 / Section 63-1-2600
Short title
Status: in_force

This act shall be known and may be cited as the "Kidney Health

Planning Act of Oklahoma".
Okla. Stat. tit. 63, § 63-1-229.21 — OK Code / Title 63 / Section 63-1-229.21
Display or sale of tobacco or vapor products – Public
Status: in_force

access – Fines – Municipal ordinances.

A. It is unlawful for any person or retail store to display or

offer for sale tobacco products, nicotine products or vapor products

in any manner that allows public access to the tobacco products,

nicotine products or vapor products without assistance from the

person displaying the tobacco products, nicotine products or vapor

products or an employee or the owner of the store. The provisions

of this subsection shall not apply to retail stores which do not

admit into the store persons under twenty-one (21) years of age.

Oklahoma Statutes - Title 63. Public Health and Safety Page 140

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 Two Hundred Dollars

($200.00) for each offense.

C. Cities and towns may enact and municipal police officers may

enforce ordinances prohibiting and penalizing conduct under

provisions of this section, but the provisions of municipal

ordinances shall be the same as provided for in this section, and

the penalty provisions under such ordinances shall not be more

stringent than those of this section.
Okla. Stat. tit. 63, § 63-1-229.30 — OK Code / Title 63 / Section 63-1-229.30
Sale of alcoholic beverages or low-point beer -
Status: in_force

Notice to employees - Signed acknowledgement.

A. Every person engaged in the business of selling alcoholic

beverages or low-point beer at retail shall notify each individual

employed by that person as a retail sales clerk or server that state

law:

1. Prohibits the sale or distribution of alcoholic beverages

and low-point beer to any person under twenty-one (21) years of age

and the purchase or receipt of alcoholic beverages and low-point

beer by any person under twenty-one (21) years of age; and

2. Requires that proof of age be demanded from a prospective

purchaser or recipient if an ordinary person would conclude on the

basis of appearance that the prospective purchaser or recipient may

be under twenty-one (21) years of age.

B. This notice shall be provided before the individual

commences work as a retail sales clerk or server, or, in the case of

an individual employed as a retail sales clerk or server on the date

when this section becomes effective, within thirty (30) days of that

Oklahoma Statutes - Title 63. Public Health and Safety Page 145

date. The individual shall signify that he or she has received the

notice required by this section by signing a form stating as

follows:

"I understand that state law prohibits the sale or distribution

of alcoholic beverages and low-point beer to persons under twenty-

one (21) years of age, and requires proof of age of purchaser or

recipient if an ordinary person would conclude on the basis of

appearance that the prospective purchaser or recipient may be under

twenty-one (21) years of age. I have been advised on the law and I

understand the penalty for violating it."
Okla. Stat. tit. 63, § 63-2251 — OK Code / Title 63 / Section 63-2251
Renumbered as § 1-2300 of this title by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Also renumbered as § 1-2300 of this

title by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-5051.3 — OK Code / Title 63 / Section 63-5051.3
Medical assistance - Homestead lien
Status: in_force

A. Pursuant to the provisions of this section, the Oklahoma

Health Care Authority is authorized to file and enforce a lien

against the homestead of a recipient for payments of medical

assistance made by the Authority to the recipient who is an

inpatient of a nursing facility or an intermediate care facility for

individuals with intellectual disabilities (ICF/IID) if the

Authority, upon competent medical testimony, determines the

recipient cannot reasonably be expected to be discharged and

returned home. A one-year period of compensated inpatient care at a

nursing facility or an ICF/IID shall constitute a determination by

the Authority that the recipient cannot reasonably be expected to be

discharged and returned home.

B. Upon certification for Title XIX of the federal Social

Security Act payments for a nursing facility or ICF/IID care, the

Authority shall provide written notice to the recipient that:

1. A one-year period of compensated inpatient care at a nursing

facility or ICF/IID shall constitute a determination by the

Authority that the recipient cannot reasonably be expected to be

discharged and returned home;

2. A lien will be filed against the homestead of the recipient

pursuant to the provisions of this section and that the amount of

the lien shall be for the amount of assistance paid by the Authority

from the date the recipient became eligible for compensated

inpatient care at a nursing facility or ICF/IID until the time of

the filing of the lien and for any amount paid thereafter for such

medical assistance to the recipient; and

3. The recipient is entitled to a hearing with the Authority

prior to the filing of the lien pursuant to this section.

The notice shall also contain an explanation of the lien and the

effect the lien will have on the ownership of the homestead of the

recipient and any other person residing in the homestead. The

notice shall be signed by the recipient or the legal guardian of the

recipient acknowledging that the recipient or the legal guardian of

the recipient understands the notice and the effect that the payment

of medical assistance on the recipient's behalf will have upon the

homestead of the recipient.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1745

C. The lien filed pursuant to subsection E of this section

shall be for the amount of assistance paid beginning from the date

the recipient began receiving inpatient care from a nursing facility

or ICF/IID and for any amount paid thereafter for the medical

assistance to the recipient.

D. The Authority shall not file a lien on the homestead of the

recipient pursuant to subsection E of this section while the

homestead is the lawful residence of:

1. The surviving spouse of the recipient;

2. A child related to the recipient by blood or marriage who is

twenty (20) years of age or less;

3. An adult child related to the recipient by blood or marriage

who is incapacitated as defined by the Authority; or

4. A brother or sister of the recipient who has an equity

interest in the home and who was residing in the home for at least

one (1) year immediately preceding the date the recipient was

admitted to the nursing facility or ICF/IID and has resided there on

a continuous basis since that time.

E. No lien for payment of medical assistance pursuant to this

section shall be effective unless:

1. The Authority has provided notice to the recipient of the

intent to file a lien against the homestead of the recipient and of

the opportunity for a hearing on the matter; and

2. After the notice specified in paragraph 1 of this subsection

has been given, a lien is filed for record against the legal

description of the homestead in the office of the county clerk of

the county in which the homestead of the recipient is located. The

lien shall contain the following information:

a. the name and address of the place of residence of the

recipient,

b. the amount of the assistance paid at the time of the

filing of the lien,

c. the date the recipient began receiving compensated

inpatient care at a nursing facility or ICF/IID,

d. the legal description of the real property against

which the lien will be recorded, and

e. such other information as the Authority requires.

F. 1. After the lien has been filed pursuant to subsection E

of this section, the Authority may enforce a lien only:

a. after the death of the surviving spouse of the

recipient,

b. when there is no child related to the recipient by

blood or marriage who is twenty (20) years of age or

less residing in the homestead,

c. when there is no adult child related to the recipient

by blood or marriage who is incapacitated as defined

by the Authority residing in the homestead, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1746

d. when no brother or sister of the recipient is residing

in the homestead, who has resided there for at least

one (1) year immediately before the date of the

recipient's admission to the facility or institution,

and has resided there on a continuous basis since that

time.

2. A lien filed pursuant to subsection E of this section shall

remain on the homestead:

a. until the lien is satisfied,

b. until the value of the homestead is consumed by the

lien, at which time the Authority may force the sale

of the homestead to satisfy the lien, or

c. after transfer of title of the real property by

conveyance, sale, succession, inheritance, or will.

3. The lien filed pursuant to subsection E of this section may

be enforceable by the Authority before or after the death of the

recipient.

4. The lien created by this section shall be treated as a

mortgage and shall be assignable by the Authority to another entity

and shall be released in accordance with the provisions as set forth

in Section 15 of Title 46 of the Oklahoma Statutes.

5. The lien shall sever a joint tenancy; however, the lien

shall be enforceable only to the extent of the ownership of the

person receiving assistance as it existed at the time the recipient

began receiving assistance.

G. The recipient, the heirs, personal representative, or

assigns of the recipient may discharge said lien at any time by

paying the amount of the lien to the Authority.

H. At the end of the one-year limitation, the Authority shall

exclude from consideration as a resource the value of the homestead

of the recipient.

I. The payment of medical assistance on behalf of the recipient

by the Authority and the signing of the notice pursuant to

subsection B of this section shall constitute a waiver of the

homestead rights of the recipient for the purposes of this section

and Section 3 of Article XII of the Oklahoma Constitution.

J. 1. Pursuant to the provisions of this subsection, if the

homestead is sold to enforce the lien authorized pursuant to the

provisions of this section, an amount up to Six Thousand Dollars

($6,000.00) from the proceeds of the sale of the homestead, less the

value of any prepaid burial or insurance policies or designated

accounts for funeral expenses already owned by the recipient, may be

set aside in an irrevocable trust on behalf of the recipient, in

which the Authority is to be included as the remainder, and the

funds are to be used for the funeral expenses of the recipient.

2. Payment of the funeral expenses from the proceeds of the

sale of the homestead shall be made as follows:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1747

a. if the proceeds exceed the amount of the lien, the

payment of funeral expenses shall be first satisfied

from any amount in excess of the lien amount. After

the excess is exhausted, the remainder of funeral

expenses shall be satisfied from the lien amount prior

to payment of any reimbursement to the Authority, and

b. if the proceeds from the sale of the homestead do not

exceed the amount of the lien, the payment of funeral

expenses shall be satisfied from the lien amount prior

to payment of any reimbursement to the Authority.

K. As used in this section:

1. "Nursing facility" means any home, establishment, or

institution which offers or provides on a regular basis twenty-four-

hour medical services, skilled nursing care, necessary special

dietary service, and personal care and supervision to three or more

of its residents who are not related to the owner or administrator

of the facility; and

2. "ICF/IID" means intermediate care facilities for individuals

with intellectual disabilities, which provide comprehensive and

individualized health care and rehabilitation services to

individuals to promote their functional status and independence.

L. If any provision of this section shall be in conflict with

any applicable federal statutes and regulations, the federal

statutes and regulations shall prevail and be controlling until such

time as the federal statutes and regulations shall be revised to

conform to this section.
Okla. Stat. tit. 63, § 63-2-426 — OK Code / Title 63 / Section 63-2-426
Third party payment of damages - Defense under contract
Status: in_force

of insurance - Indemnification - Prohibition.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1011

A third party shall not pay damages awarded under the Drug

Dealer Liability Act, or provide a defense or money for a defense,

on behalf of an insured under a contract of insurance or

indemnification.
Okla. Stat. tit. 63, § 63-1-2505.1 — OK Code / Title 63 / Section 63-1-2505.1
Emergency medical technician and medical responder
Status: in_force

death benefit.

A. In the event of the death of any licensed emergency medical

personnel or a certified emergency medical responder resulting from

the official duties of such licensed emergency medical personnel or

certified emergency medical responder performed while in the line of

duty, the State Department of Health shall pay the designated

beneficiary of the deceased the sum of Five Thousand Dollars

($5,000.00).

B. If the designated beneficiary predeceases the emergency

medical personnel or certified emergency medical responder and there

is not an alternate or contingent beneficiary, the death benefit

shall be payable to the personal representative of the decedent.

C. All payments made pursuant to the provisions of this section

shall be paid from the Emergency Medical Personnel Death Benefit

Revolving Fund created pursuant to Section 1-2505.2 of this title.

Oklahoma Statutes - Title 63. Public Health and Safety Page 829
Okla. Stat. tit. 63, § 63-427.17v1 — OK Code / Title 63 / Section 63-427.17v1
Medical marijuana testing laboratory license –
Status: in_force

Requirements.

A. There is hereby created a medical marijuana testing

laboratory license as a category of the medical marijuana business

license. The Oklahoma Medical Marijuana Authority, the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma

State Bureau of Investigation, and the Attorney General are hereby

enabled to monitor, inspect and audit a licensed testing laboratory

under the Oklahoma Medical Marijuana and Patient Protection Act.

B. The Authority is hereby authorized to operate a quality

assurance laboratory or to contract with a private laboratory for

the purpose of conducting compliance testing of medical marijuana

testing laboratories licensed in this state. Any such laboratory

under contract for compliance testing shall be prohibited from

conducting any other commercial medical marijuana testing in this

state. If the Authority contracts with a private laboratory to

implement the requirements of this section:

1. The laboratory shall not employ, or be owned by, the

following:

a. any individual that has a direct or indirect interest

in a licensed medical marijuana business, or

b. any individual or his or her spouse, parent, child,

spouse of a child, sibling or spouse of a sibling that

has an application for a medical marijuana business

license pending before the Authority or is a member of

the board of directors of a medical marijuana

business, or is an individual financially interested

in any licensee or medical marijuana business located

within this state; and

2. The laboratory and a board or committee comprised of

licensed Oklahoma medical marijuana laboratories currently

Oklahoma Statutes - Title 63. Public Health and Safety Page 1173

accredited by the International Organization for Standardization

(ISO) shall provide to the Authority its recommendations for all

equipment and standards to be utilized by licensed medical marijuana

testing laboratories when testing samples of medical marijuana,

medical marijuana concentrate, and medical marijuana products as

well as standard operating procedures when extracting and testing

medical marijuana, medical marijuana concentrate, and medical

marijuana products. The recommendations shall be submitted to the

Authority no later than June 1, 2023. The Authority shall have

ninety (90) days from the date it receives the recommendations to

promulgate new rules or modify its current rules for laboratory

standards and testing. Beginning June 1, 2024, medical marijuana

testing laboratories renewing their medical marijuana business

license shall be subject to and comply with any new or modified

rules relating to the testing of medical marijuana, medical

marijuana concentrate, and medical marijuana products. The refusal

or failure of a medical marijuana testing laboratory licensee to

comply with new or modified rules relating to laboratory standards

and testing procedures promulgated under the provisions of this

paragraph shall result in the permanent revocation of the medical

marijuana testing laboratory license.

C. The Authority shall develop acceptable testing practices

including, but not limited to, testing, standards, quality control

analysis, equipment certification and calibration, process

validation, and chemical identification and substances used.

D. A person who is a direct beneficial owner of a medical

marijuana dispensary, medical marijuana commercial grower or medical

marijuana processor shall not be an owner of a laboratory.

E. A laboratory and a laboratory applicant shall comply with

all applicable local ordinances including, but not limited to,

zoning, occupancy, licensing and building codes.

F. A separate license shall be required for each specific

laboratory.

G. A medical marijuana testing laboratory license may be issued

to a person who performs testing on medical marijuana and medical

marijuana products for medical marijuana businesses, medical

marijuana research facilities, medical marijuana education

facilities, and testing on marijuana and marijuana products grown or

produced by a patient or caregiver on behalf of a patient, upon

verification of registration. A medical marijuana testing

laboratory may also conduct research related to the development and

improvement of its testing practices and procedures. No state-

approved medical marijuana testing facility shall operate unless a

medical laboratory director is on site during operational hours.

H. Laboratory applicants and licensees shall comply with the

application requirements of this section and shall submit such other

information as required for a medical marijuana business applicant,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1174

in addition to any information the Authority may request for initial

approval and periodic evaluations during the approval period.

I. A medical marijuana testing laboratory may accept samples of

medical marijuana, medical marijuana concentrate or medical

marijuana product from a medical marijuana business, medical

marijuana research facility or medical marijuana education facility

for testing purposes only, which purposes may include the provision

of testing services for samples submitted by a medical marijuana

business for product development. The Authority may require a

medical marijuana business to submit a sample of medical marijuana,

medical marijuana concentrate or medical marijuana product to a

medical marijuana testing or quality assurance laboratory upon

demand.

J. A medical marijuana testing laboratory may accept samples of

medical marijuana, medical marijuana concentrate or medical

marijuana product from an individual person for testing only under

the following conditions:

1. The individual person is a patient or caregiver pursuant to

the Oklahoma Medical Marijuana and Patient Protection Act or is a

participant in an approved clinical or observational study conducted

by a research facility; and

2. The medical marijuana testing laboratory shall require the

patient or caregiver to produce a valid patient license and current

and valid photo identification.

K. A medical marijuana testing laboratory may transfer samples

to another medical marijuana testing laboratory for testing. All

laboratory reports provided to or by a medical marijuana business or

to a patient or caregiver shall identify the medical marijuana

testing laboratory that actually conducted the test.

L. A medical marijuana testing laboratory may utilize a

licensed medical marijuana transporter to transport samples of

medical marijuana, medical marijuana concentrate and medical

marijuana product for testing, in accordance with the Oklahoma

Medical Marijuana and Patient Protection Act and the rules adopted

pursuant thereto, between the originating medical marijuana business

requesting testing services and the destination laboratory

performing testing services.

M. The medical marijuana testing laboratory shall establish

policies to prevent the existence of or appearance of undue

commercial, financial or other influences that may diminish the

competency, impartiality and integrity of the testing processes or

results of the laboratory, or that may diminish public confidence in

the competency, impartiality and integrity of the testing processes

or results of the laboratory. At a minimum, employees, owners or

agents of a medical marijuana testing laboratory who participate in

any aspect of the analysis and results of a sample are prohibited

from improperly influencing the testing process, improperly

Oklahoma Statutes - Title 63. Public Health and Safety Page 1175

manipulating data or improperly benefiting from any ongoing

financial, employment, personal or business relationship with the

medical marijuana business that provided the sample. A medical

marijuana testing laboratory shall not test samples for any medical

marijuana business in which an owner, employee or agent of the

medical marijuana testing laboratory has any form of ownership or

financial interest in the medical marijuana business.

N. The Authority, pursuant to rules promulgated by the

Executive Director of the Authority, shall develop standards,

policies and procedures as necessary for:

1. The cleanliness and orderliness of a laboratory premises and

the location of the laboratory in a secure location, and inspection,

cleaning and maintenance of any equipment or utensils used for the

analysis of test samples;

2. Testing procedures, testing standards for cannabinoid and

terpenoid potency and safe levels of contaminants, process

validation, and remediation procedures. Process validation shall be

voluntary, and no licensee shall be required to validate their

process. The Authority shall develop standards and requirements for

a licensee to achieve process validation by January 1, 2024. The

standards, policies, and procedures for process validation shall

include, but not be limited to:

a. initial requirements to achieve process validation and

ongoing minimum testing requirements once a licensee

has achieved process validation,

b. requiring licensees to track their marijuana and

marijuana product inventory with the Authority’s

designated seed-to-sale system provided the Authority

has selected a seed-to-sale system. This requirement

for compliance with the seed-to-sale system shall be

mandatory for licensees seeking to achieve process

validation whether or not compliance with a seed-to-

sale system is mandatory for all licensees,

c. requiring licensees that are utilizing process

validation to use a laboratory that is certified as a

certified process validation testing laboratory,

d. requiring licensees to record and document retention

policies, which at a minimum shall require licensees

to retain all documents and records related to process

validation. Such records shall be maintained by the

licensee for as long as the licensee is continuing to

operate under that validated process. Licensees shall

retain all such documents and records for at least

four (4) years after the licensee has stopped using

the validated process or after the licensee has made a

significant process change to a validated process.

Any significant process change to the validated

Oklahoma Statutes - Title 63. Public Health and Safety Page 1176

processes of a licensee is subject to the same

document retention requirements and shall be retained

for as long as the significant process change is part

of an ongoing validated process, and for at least four

(4) years after the licensee has stopped using the

validated process or after the licensee has made a

subsequent significant process change to the validated

process. The Authority shall promulgate rules for any

modifications to the validated processes,

e. requiring licensees to keep all records and documents

related to their process validation ready and

accessible at the address listed on their marijuana

business license for inspection or audit by the

Authority without any notice from the Authority,

f. a process for biannual inspections by the Authority

that, at a minimum, includes random testing of

products being produced under process validation. The

Authority shall be the entity that obtains the random

sample during the biannual inspections and shall have

access to all products being produced or grown under

process validation. The Authority shall take samples

to the quality assurance laboratory,

g. a process to revoke the authority of licensees to

operate under process validation,

h. punishment for violations of process validation that,

at a minimum, would prohibit a licensee from operating

under process validation for five (5) years and the

assessment of a fine not to exceed Fifty Thousand

Dollars ($50,000.00). Any such fine levied against a

licensee found to have violated the laws or rules of

process validation shall be remitted to the Department

of Mental Health and Substance Abuse Services,

i. punishment for violations if an adulterated product

that was produced under process validation fails

testing and the batch or lot has been sold to a

dispensary, the first violation shall be the

assessment of a fine not to exceed Ten Thousand

Dollars ($10,000.00) and a public recall of the

product. The licensee shall further be required to

revalidate the process. A second violation within two

(2) years of a previous violation shall be the

assessment of a fine not to exceed Seventy-five

Thousand Dollars ($75,000.00) and a public recall of

the product. The licensee shall further be prohibited

from utilizing process validation for a minimum of

five (5) years. A third violation within two (2)

years of a previous violation shall be the assessment

Oklahoma Statutes - Title 63. Public Health and Safety Page 1177

of a fine of Two Hundred Fifty Thousand Dollars

($250,000.00) and a public recall of the product. The

licensee shall further be prohibited from utilizing

process validation,

j. any willful violation of process validation shall

result in the assessment of a fine of Two Hundred

Fifty Thousand Dollars ($250,000.00) and a license

revocation hearing. A second willful violation of

process validation shall result in the assessment of a

fine of One Million Dollars ($1,000,000.00) and a

hearing to permanently revoke the license,

k. an annual registration fee of Five Thousand Dollars

($5,000.00) per licensee, in addition to any other

fees due by the licensee, to be deposited in the

Oklahoma Medical Marijuana Authority Revolving Fund

for the enforcement of the laws and regulations of the

Authority,

l. establishing criteria for eligibility of testing

laboratories to be certified as a Certified Process

Validation Testing Laboratory and to conduct testing

for licensees pursuing or operating under process

validation. The criteria shall, at a minimum, pass

five (5) consecutive blind proficiency tests without a

failure over the course of six (6) months. The

proficiency tests shall be administered by the quality

assurance laboratory,

m. punishment for violations by a Certified Process

Validation Testing Laboratory that has been found to

have been falsifying data, providing misinformation,

or any unethical practices related to process

validation at a minimum shall prohibit a licensee from

operating under process validation for up to twenty-

five (25) years and the assessment of a fine not to

exceed One Million Dollars ($1,000,000.00). Any such

fine levied against a licensee shall be remitted to

the Authority for deposit into the Oklahoma Medical

Marijuana Authority Revolving Fund. In addition to

this fine, in response to a finding of a willful

violation of process validation by the Authority, the

Authority shall also be authorized to collect, levy,

or impose any other fee, fine, penalty, or action as

allowed by law, and

n. a process to revoke the certification of a testing

laboratory that is seeking to be a Certified Process

Validation Testing Laboratory;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1178

3. Controlled access areas for storage of medical marijuana and

medical marijuana product test samples, waste and reference

standards;

4. Records to be retained and computer systems to be utilized

by the laboratory;

5. The possession, storage and use by the laboratory of

reagents, solutions and reference standards;

6. A certificate of analysis (COA) for each lot of reference

standard;

7. The transport and disposal of unused marijuana, marijuana

products and waste;

8. The mandatory use by a laboratory of an inventory tracking

system to ensure all harvest and production batches or samples

containing medical marijuana, medical marijuana concentrate or

medical marijuana products are identified and tracked from the point

they are transferred from a medical marijuana business, a patient or

a caregiver through the point of transfer, destruction or disposal.

The inventory tracking system reporting shall include the results of

any tests that are conducted on medical marijuana, medical marijuana

concentrate or medical marijuana product;

9. Standards of performance;

10. The employment of laboratory personnel;

11. A written standard operating procedure manual to be

maintained and updated by the laboratory;

12. The successful participation in a proficiency testing

program approved by the Executive Director for each testing category

listed in this section, in order to obtain and maintain

certification;

13. The establishment of and adherence to a quality assurance

and quality control program to ensure sufficient monitoring of

laboratory processes and quality of results reported;

14. The immediate recall of medical marijuana or medical

marijuana products that test above allowable thresholds or are

otherwise determined to be unsafe;

15. The establishment by the laboratory of a system to document

the complete chain of custody for samples from receipt through

disposal;

16. The establishment by the laboratory of a system to retain

and maintain all required records, including business records, and

processes to ensure results are reported in a timely and accurate

manner; and

17. Any other aspect of laboratory testing of medical marijuana

or medical marijuana product deemed necessary by the Executive

Director.

O. A medical marijuana testing laboratory shall promptly

provide the Authority or designee of the Authority access to a

report of a test and any underlying data that is conducted on a

Oklahoma Statutes - Title 63. Public Health and Safety Page 1179

sample at the request of a medical marijuana business or qualified

patient. A medical marijuana testing laboratory shall also provide

access to the Authority or designee of the Authority to laboratory

premises and to any material or information requested by the

Authority to determine compliance with the requirements of this

section.

P. A medical marijuana testing laboratory shall retain all

results of laboratory tests conducted on marijuana or products for a

period of at least seven (7) years and shall make them available to

the Authority upon request.

Q. A medical marijuana testing laboratory shall test samples

from each harvest batch or, product batch, or samples consistent

with the rules promulgated for process validation, as appropriate,

of medical marijuana, medical marijuana concentrate and medical

marijuana product for each of the following categories of testing,

consistent with standards developed by the Executive Director:

1. Microbials;

2. Mycotoxins;

3. Residual solvents;

4. Pesticides;

5. Tetrahydrocannabinol (THC) and other cannabinoid potency;

6. Terpenoid type and concentration; and

7. Heavy metals.

R. A licensed medical marijuana testing laboratory shall test

each individual harvest batch. A grower shall separate each harvest

lot of usable marijuana into harvest batches containing no more than

fifteen (15) pounds, with the exception of any plant material to be

sold to a licensed processor for the purposes of turning the plant

material into concentrate which may be separated into harvest

batches of no more than fifty (50) pounds. A processor shall

separate each medical marijuana production lot into production

batches containing no more than four (4) liters of concentrate or

nine (9) pounds for nonliquid products, and for final products, the

Oklahoma Medical Marijuana Authority shall be authorized to

promulgate rules on final products as necessary. Provided, however,

the Authority shall not require testing of final products less often

than every one thousand (1,000) grams of THC. As used in this

subsection, “final products” shall include, but not be limited to,

cookies, brownies, candies, gummies, beverages and chocolates.

S. Medical marijuana testing laboratory licensure shall be

contingent upon successful on-site inspection, successful

participation in proficiency testing and ongoing compliance with the

applicable requirements in this section.

T. A medical marijuana testing laboratory shall be inspected

prior to initial licensure and up to two (2) times per year

thereafter by an inspector approved by the Authority. The Authority

may enter the licensed premises of a testing laboratory to conduct

Oklahoma Statutes - Title 63. Public Health and Safety Page 1180

investigations and additional inspections when the Authority

believes an investigation or additional inspection is necessary due

to a possible violation of applicable laws, rules or regulations.

U. Medical marijuana testing laboratories shall obtain

accreditation by an accrediting body approved by the Executive

Director or the Authority’s quality assurance laboratory within one

(1) year of the date the initial license is issued. Renewal of any

medical marijuana testing laboratory license shall be contingent

upon accreditation in accordance with this subsection. All medical

marijuana testing laboratories shall obtain accreditation prior to

applying for and receiving a medical marijuana testing laboratory

license.

V. Unless authorized by the provisions of this section, a

commercial grower shall not transfer or sell medical marijuana and a

processor shall not transfer, sell or process into a concentrate or

product any medical marijuana, medical marijuana concentrate or

medical marijuana product unless samples from each harvest batch or,

production batch, or samples consistent with the rules promulgated

for process validation, from which that medical marijuana, medical

marijuana concentrate or medical marijuana product was derived has

been tested by a medical marijuana testing laboratory and passed all

contaminant tests required by the Oklahoma Medical Marijuana and

Patient Protection Act and applicable laws, rules and regulations.

A licensed commercial grower may transfer medical marijuana that has

failed testing to a licensed processor only for the purposes of

decontamination or remediation and only in accordance with the

provisions of the Oklahoma Medical Marijuana and Patient Protection

Act and the rules and regulations promulgated by the Executive

Director. Remediated and decontaminated medical marijuana may be

returned only to the originating licensed commercial grower.

W. Kief shall not be transferred or sold except as authorized

in the rules and regulations promulgated by the Executive Director.
Okla. Stat. tit. 63, § 63-4029 — OK Code / Title 63 / Section 63-4029
Refusal, revocation or cancellation of certificate of
Status: in_force

title or registration.

A. If Service Oklahoma shall determine at any time that an

applicant for a certificate of title of or registration for a vessel

or motor is not entitled thereto, it may refuse to issue such

certificate or to register such vessel or motor. Service Oklahoma

may for a similar reason, after ten (10) calendar days' notice and a

hearing, revoke the certificate of title and registration already

acquired. Said notice may be served in person or by registered

mail.

B. In addition, in every case where a vessel or motor has been

titled or registered upon an application containing any false

statement of a fact required in this section to be shown in an

application for the title or registration thereof, Service Oklahoma

shall give written notice of at least ten (10) calendar days to the

owner of the vessel or motor and shall require the owner to appear

before it for the purpose of showing cause why said title or

registration should not be canceled. Unless satisfactory

explanation is given by the owner concerning such false statement,

Service Oklahoma shall cancel the title or registration. The owner

of the vessel or motor shall then be required to immediately retitle

or reregister the vessel or motor and pay the required fees. The

owner shall not be entitled to refund or credit for the fees paid

for titling and registration of the vessel or motor made under the

application which contained any false statement of fact.

C. Service Oklahoma shall insert in said application forms

appropriate notice to the applicant that any false statement of a

fact required to be shown in such application for title or

registration subjects the applicant to prosecution.
Okla. Stat. tit. 63, § 63-1-527 — OK Code / Title 63 / Section 63-1-527
Reports of a sexually transmitted infection
Status: in_force

A. Any physician who makes a diagnosis or treats a case of a

sexually transmitted infection (STI), and every superintendent or

manager of a hospital, dispensary or charitable or penal institution

in which there is a case of an STI, shall report such case

immediately, in writing or electronically:

1. To the director or designee of the city-county health

department, if in Oklahoma County or Tulsa County, who shall, in

turn, report such case to the State Commissioner of Health; or

2. Directly to the State Commissioner of Health, if not in

Oklahoma County or Tulsa County, in the same manner as other

communicable diseases are reported, in forms to be prescribed and

furnished by the Commissioner.

B. This act shall remain in effect until such time as the State

Department of Health has in place a disease-reporting process that

provides for a direct report from a lab or physician's office to the

local health department and is capable of connecting a lab or

Oklahoma Statutes - Title 63. Public Health and Safety Page 227

physician's office with local health department systems for timely

data delivery and start of the disease investigation process.
Okla. Stat. tit. 63, § 63-1-280.1 — OK Code / Title 63 / Section 63-1-280.1
Sooner Start program treatment of autism spectrum
Status: in_force

disorders - Funding - Contracts.

A. Funds shall be used by the State Department of Education for

specialized training for direct service providers in the Sooner

Start program to acquire skills necessary to treat children with

autism spectrum disorders.

B. The State Department of Health is authorized to contract

with independent third-party providers for services offered by the

Sooner Start program.
Okla. Stat. tit. 63, § 63-684.29 — OK Code / Title 63 / Section 63-684.29
Volunteer health practitioner registration systems
Status: in_force

A. To qualify as a volunteer health practitioner registration

system, a system must:

1. Accept applications for the registration of volunteer health

practitioners before or during an emergency;

2. Include information about the licensure and good standing of

health practitioners which is accessible by authorized persons;

3. Be capable of confirming the accuracy of information

concerning whether a health practitioner is licensed and in good

standing before health services or veterinary services are provided

under the Uniform Emergency Volunteer Health Practitioners Act; and

4. Meet one of the following conditions:

a. be an emergency system for advance registration of

volunteer health practitioners established by a state

and funded through the Health Resources Services

Administration under Section 319I of the Public Health

Services Act, 42 U.S.C., Section 247d-7b,

b. be a local unit consisting of trained and equipped

emergency response, public health, and medical

personnel formed pursuant to Section 2801 of the

Public Health Services Act, 42 U.S.C., Section 300hh,

c. be operated by a:

(1) disaster relief organization,

(2) licensing board,

(3) national or regional association of licensing

boards or health practitioners,

(4) health facility that provides comprehensive

inpatient and outpatient health-care services,

including a tertiary care and teaching hospital,

or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1252

(5) governmental entity, or

d. be designated by the State Department of Health as a

registration system for purposes of the Uniform

Emergency Volunteer Health Practitioners Act.

B. While an emergency declaration is in effect, the State

Department of Health, a person authorized to act on behalf of the

Department, or a host entity may confirm whether volunteer health

practitioners utilized in this state are registered with a

registration system that complies with subsection A of this section.

Confirmation is limited to obtaining identities of the practitioners

from the system and determining whether the system indicates that

the practitioners are licensed and in good standing.

C. Upon request of a person in this state authorized under

subsection B of this section, or a similarly authorized person in

another state, a registration system located in this state shall

notify the person of the identities of volunteer health

practitioners and whether the practitioners are licensed and in good

standing.

D. A host entity shall not be required to use the services of a

volunteer health practitioner even if the practitioner is registered

with a registration system that indicates that the practitioner is

licensed and in good standing.
Okla. Stat. tit. 63, § 63-690.10 — OK Code / Title 63 / Section 63-690.10
State Assistance Dedicated for Disaster-impacted Local
Status: in_force

Economies Revolving Fund.

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

fund for the Oklahoma Department of Emergency Management to be

designated the "State Assistance Dedicated for Disaster-impacted

Local Economies Revolving Fund". The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

all monies directed for deposit to the fund. All monies accruing to

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

and expended by the Oklahoma Department of Emergency Management for

the purpose of providing advanced financial liquidity to

governmental subdivisions directly impacted by events attributing to

a Federal Emergency Management Agency (FEMA) declared emergency or

disaster, provided such governmental subdivision has entered into a

qualifying repayment agreement with the Oklahoma Department of

Emergency Management. 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.

B. As used in this section:

1. "Advanced financial liquidity" means funding provided to

fund gaps in mitigation of local and county revenue losses and

operating deficits; infrastructure repair and replacement, including

road, sewer, and water facilities; temporary housing and shelter

Oklahoma Statutes - Title 63. Public Health and Safety Page 1273

made necessary by the result of the associated emergency or

disaster; and to fund gaps in required matching funds for

participation in, or the benefit of, programs administered or funded

by the Federal Emergency Management Agency (FEMA); and

2. "Qualifying repayment agreement" means a memorandum of

understanding or legally binding agreement which identifies the

purpose of use for such advanced financial liquidity, and which

identifies the source of repayment by the governmental subdivision

and a repayment timeline or standard for repayment.

C. The Oklahoma Department of Emergency Management may

promulgate rules as needed to implement the provisions of this

section.
Okla. Stat. tit. 63, § 63-2654.1 — OK Code / Title 63 / Section 63-2654.1
Short title - Definitions
Status: in_force

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

Poison Control Act".

B. As used in the Oklahoma Poison Control Act:

1. "Center" means the Oklahoma Poison Control Center; and

2. "Director" means the dean of the College of Pharmacy at the

Oklahoma Health Sciences Center.
Okla. Stat. tit. 63, § 63-1-746.5 — OK Code / Title 63 / Section 63-1-746.5
Medical emergency
Status: in_force

When a medical emergency compels the performance of an abortion,

the physician shall inform the female, prior to the abortion if

possible, of the medical indications supporting the physician's

judgment that an abortion is necessary to avert her death or that a

twenty-four-hour delay will create serious risk of substantial and

irreversible impairment of a major bodily function.
Okla. Stat. tit. 63, § 63-1060 — OK Code / Title 63 / Section 63-1060
Removal of commissioners
Status: in_force

For inefficiency, neglect of duty or misconduct in office, or

allowing any portion of any project to become dilapidated,

unsanitary or unkept, a commissioner of an authority may be removed

by the governing body, or, in the case of an authority for a county,

by the board of county commissioners, but a commissioner shall be

removed only after a hearing and after he shall have been given a

copy of the charges at least ten (10) days prior to the hearing and

had an opportunity to be heard in person or by counsel. In the

event of the removal of any commissioner, a record of the

proceedings, together with the charges and findings thereon, shall

be filed in the office of the clerk.
Okla. Stat. tit. 63, § 63-683.36 — OK Code / Title 63 / Section 63-683.36
Definitions – Training and certification program –
Status: in_force

Access to area affected by emergency or disaster.

A. As defined in this section:

1. "Broadcaster" means a radio broadcasting station or

television broadcasting station primarily engaged in, and deriving

income from, the business of facilitating speech via over-the-air

communications, both as to pure speech and commercial speech; and

2. "First informer broadcaster" means a person who has been

certified as a first informer broadcaster pursuant to subsection C

of this section.

B. Broadcasters in this state may, in cooperation with the

Oklahoma Department of Emergency Management and a statewide

organization that represents radio and television broadcasters,

develop comprehensive, coordinated plans for preparing for and

responding appropriately to an emergency or disaster.

C. A statewide organization that represents radio and

television broadcasters may establish a program for training and

certifying broadcast engineers and technical personnel as first

informer broadcasters. The program established pursuant to this

subsection shall:

1. Be consistent with federal law and guidelines;

2. Provide training and education concerning restoring,

repairing and resupplying any facilities and equipment of a

broadcaster in an area affected by an emergency or disaster; and

3. Provide training and education concerning the personal

safety of a first informer broadcaster in an area affected by an

emergency or disaster.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1240

D. To the extent practicable and consistent with not

endangering public safety or inhibiting recovery efforts, state and

local governmental agencies shall allow a first informer broadcaster

access to an area affected by an emergency or disaster for the

purpose of restoring, repairing, or resupplying any facility or

equipment critical to the ability of a broadcaster to acquire,

produce, and transmit essential emergency or disaster-related public

information programming, including, without limitation, repairing

and maintaining transmitters and generators, and transporting fuel

for generators.Oklahoma Statutes - Title 63. Public Health and Safety Page 39
Okla. Stat. tit. 63, § 63-2200.25A — OK Code / Title 63 / Section 63-2200.25A
Relation to Electronic Signatures in Global and
Status: in_force

National Commerce Act.

This act modifies, limits, and supersedes the Electronic

Signatures in Global and National Commerce Act, 15 U.S.C. Section

7001 et seq., but does not modify, limit or supersede Section 101(a)

of that act, 15 U.S.C. Section 7001, or authorize electronic

delivery of any of the notices described in Section 103(b) of that

act, 15 U.S.C. Section 7003(b).
Okla. Stat. tit. 63, § 63-1-232 — OK Code / Title 63 / Section 63-1-232
Statewide program to promote health care
Status: in_force

The State Department of Health shall establish a statewide

program directed toward the health needs of pregnant women and

infants. This program shall promote the importance of prenatal and

postnatal maternal and infant health care and shall provide free

information regarding the types, location and availability of

maternal and infant health care services.
Okla. Stat. tit. 63, § 63-2255.2 — OK Code / Title 63 / Section 63-2255.2
Renumbered as § 1-2402 of Title 63 by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2402 of Title 63

by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-2-105 — OK Code / Title 63 / Section 63-2-105
Duty of state departments, officers, agencies, and
Status: in_force

employees – Fatal and nonfatal drug overdose report.

A. It shall be the duty of all departments, officers, agencies,

and employees of the state to cooperate with the Director of the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control in

carrying out the functions of the office. The State Medical

Examiner shall promptly report to the offices of the Director of the

Oklahoma Bureau of Narcotics and Dangerous Drugs Control, the

Executive Director of the State Board of Medical Licensure and

Supervision and the Executive Director of the State Board of

Osteopathic Examiners all deaths occurring within the state which

were the result or probable result of abuse of a controlled

dangerous substance.

B. The Bureau shall be required to compile a yearly report of

all fatal and nonfatal drug overdoses for the State of Oklahoma.

Oklahoma Statutes - Title 63. Public Health and Safety Page 896

All registrants, as defined in the Anti-Drug Diversion Act, shall

report any person appearing at a medical facility with a drug

overdose to the central repository as provided in the Anti-Drug

Diversion Act. The determination of a drug overdose shall be made

solely at the discretion of the treating medical professional based

on the education, experience and professional opinion of the medical

professional. This information shall be considered part of the

central repository pursuant to the Anti-Drug Diversion Act and shall

be confidential and not open to the public pursuant to the

provisions of Section 2-309D of this title.
Okla. Stat. tit. 63, § 63-1058 — OK Code / Title 63 / Section 63-1058
Appointment, qualifications, tenure and meetings of
Status: in_force

authority commissioners.

A. When a housing authority is authorized to transact business

and exercise powers hereunder, five (5) persons shall be appointed

as commissioners of the authority as follows:

1. In the case of a city, by the mayor with the advice and

consent of the governing body; or

2. In the case of a county, by the board of county

commissioners, and at least one of the persons so appointed shall be

a tenant in a housing project under the jurisdiction of such

authority. The term of office of each commissioner shall be for

three (3) years, except that of the commissioners first appointed

one shall serve for a term of one (1) year and two shall serve for

terms of two (2) years. All vacancies shall be filled for the

unexpired term. Each commissioner shall qualify by taking the

official oath of office prescribed by statute or ordinance for

elected officials of the county or city, as the case may be.

B. A commissioner shall receive no compensation for his

services, but may be entitled to the necessary expenses, including

traveling expenses, incurred in the discharge of his duties or,

except as otherwise provided in this subsection, receive a per diem

payment of not to exceed Thirty-five Dollars ($35.00) plus mileage

as provided by the State Travel Reimbursement Act, Section 500.1 et

seq. of Title 74, for expenses incurred in attending meetings of the

housing authority. An Indian housing authority or the tribal

government the authority serves may elect to set a different

monetary amount for per diem and mileage payments than specified in

this subsection for the commissioners of that Indian housing

authority. Each commissioner shall hold office until his successor

has been appointed and qualified. A certificate of appointment or

reappointment of any commissioner shall be filed with the authority

and this certificate shall be conclusive evidence of the due and

proper appointment of the commissioner.

C. The powers of each authority shall be vested in the

commissioners thereof in office from time to time. A majority of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1314

the commissioners of an authority shall constitute a quorum for the

purpose of conducting its business and exercising its powers and for

all other purposes, notwithstanding the existence of any vacancies.

Action may be taken by the authority upon a vote of a majority of

the commissioners present, unless in any case the bylaws of the

authority shall require a larger number. Meetings of the

commissioners of an authority may be held anywhere within the area

of operation of the authority or within any additional area in which

the authority is authorized to undertake a project. Such meetings

shall be held pursuant to the provisions of the Open Meeting Act,

Section 301 et seq. of Title 25 of the Oklahoma Statutes.

D. The commissioners of an authority shall elect a chairman and

vice chairman from among the commissioners. An authority may employ

an executive director, legal and technical experts and such other

officers, agents and employees, permanent and temporary, as it may

require, and shall determine their qualifications, duties and

compensation. An authority may delegate to one or more of its

agents or employees such powers or duties as it may deem proper.
Okla. Stat. tit. 63, § 63-1-2012.2 — OK Code / Title 63 / Section 63-1-2012.2
Renumbered as § 2-7-128 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-229.15 — OK Code / Title 63 / Section 63-1-229.15
Signs in retail establishments required – Fines
Status: in_force

A. Every person who sells or displays tobacco products,

nicotine products or vapor products at retail shall post

conspicuously and keep so posted at the place of business a sign, as

specified by the Alcoholic Beverage Laws Enforcement (ABLE)

Commission, stating the following: "IT'S THE LAW. WE DO NOT SELL

TOBACCO PRODUCTS, NICOTINE PRODUCTS OR VAPOR PRODUCTS TO PERSONS

UNDER 21 YEARS OF AGE." The sign shall also provide the toll-free

number operated by the Alcoholic Beverage Laws Enforcement (ABLE)

Commission for the purpose of reporting violations of the Prevention

of Youth Access to Tobacco Act.

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 Fifty Dollars ($50.00) for

each day a violation occurs. Each day a violation is continuing

shall constitute a separate offense. The notice required by

subsection A of this section shall be the only notice required to be

posted or maintained in any store that sells tobacco products,

nicotine products or vapor products at retail.
Okla. Stat. tit. 63, § 63-1-1408 — OK Code / Title 63 / Section 63-1-1408
Adulteration of drugs and devices
Status: in_force

A drug or device shall be deemed to be adulterated:

1. If it consists in whole or in part of any filthy, putrid or

decomposed substance;

2. If it has been produced, prepared, packed or held under

unsanitary conditions whereby it may have been contaminated with

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

3. If it is a drug and its container is composed, in whole or

in part, of any poisonous or deleterious substance which may render

the contents injurious to health;

4. If it is a drug and it bears or contains, for purposes of

coloring only, a coal tar color other than one from a batch

certified under the authority of the Federal Food, Drug and Cosmetic

Act, 21 U.S.C., Section 301 et seq.;

5. If it purports to be or is represented as a drug the name of

which is recognized in an official compendium, and its strength

differs from, or its quality or purity falls below, the standard set

forth in such compendium. Such determination as to strength,

quality or purity shall be made in accordance with the tests or

methods of assay set forth in such compendium, or, in the absence of

or inadequacy of such tests or methods of assay, those prescribed

under authority of the federal act. No drug defined in an official

compendium shall be deemed to be adulterated under this paragraph

because it differs from the standard of strength, quality or purity

therefor set forth in such compendium, if its difference in

strength, quality or purity from such standard is plainly stated on

its label. Whenever a drug is recognized in both the United States

Pharmacopoeia and the Homoeopathic Pharmacopoeia of the United

States it shall be subject to the requirements of the United States

Pharmacopoeia unless it is labeled and offered for sale as a

homoeopathic drug, in which case it shall be subject to the

provisions of the Homoeopathic Pharmacopoeia of the United States

and not to those of the United States Pharmacopoeia;

6. If it is not subject to the provisions of paragraph 2 of

this section and its strength differs from, or its purity or quality

falls below, that which it purports or is represented to possess;

7. If it is a drug and any substance has been:

a. mixed or packed therewith so as to reduce its quality

or strength, or

b. substituted wholly or in part therefor; or

8. If it is sold or offered for sale and is not lawfully

marketed under the federal act for the purpose for which, and in the

form in which, it is sold or offered for sale, unless the drug or

device has been exempted from the requirements of this paragraph by

the Commissioner of Health, or if the drug is compounded by a

registered pharmacist pursuant to a prescription by a licensed

practitioner.

Oklahoma Statutes - Title 63. Public Health and Safety Page 612
Okla. Stat. tit. 63, § 63-2-312.2 — OK Code / Title 63 / Section 63-2-312.2
Sale or disposition of opioid antagonists
Status: in_force

Any opioid antagonist that is approved by the United States Food

and Drug Administration may be dispensed or sold by a pharmacy

without a prescription; provided, however, it shall be dispensed or

sold only by, or under the supervision of, a licensed pharmacist.

An opioid antagonist may be prescribed and dispensed by a licensed

pharmacist; provided, however, it shall be dispensed only by, or

under the supervision of, a licensed pharmacist. No dispensing

protocol shall be required.
Okla. Stat. tit. 63, § 63-428.1 — OK Code / Title 63 / Section 63-428.1
See the following versions:
Status: in_force

OS 63-428.1v1 (SB 1033, Laws 2021, c. 584, § 11).

OS 63-428.1v2 (HB 2646, Laws 2021, c. 553, § 26).
Okla. Stat. tit. 63, § 63-2-309I — OK Code / Title 63 / Section 63-2-309I
Prescription limits and rules for opioid drugs – Copay
Status: in_force

and other insurance requirements – Informed consent process.

A. A practitioner shall not issue an initial prescription for

an opioid drug in a quantity exceeding a seven-day supply for

treatment of acute pain. Any opioid prescription for acute pain

shall be for the lowest effective dose of an immediate-release drug.

B. Prior to issuing an initial prescription for an opioid drug

in a course of treatment for acute or chronic pain, a practitioner

shall:

1. Take and document the results of a thorough medical history,

including the experience of the patient with nonopioid medication

and nonpharmacological pain-management approaches and substance

abuse history;

2. Conduct, as appropriate, and document the results of a

physical examination;

3. Develop a treatment plan with particular attention focused

on determining the cause of pain of the patient;

4. Access relevant prescription monitoring information from the

central repository pursuant to Section 2-309D of this title;

5. Limit the supply of any opioid drug prescribed for acute

pain to a duration of no more than seven (7) days as determined by

Oklahoma Statutes - Title 63. Public Health and Safety Page 958

the directed dosage and frequency of dosage; provided, however, upon

issuing an initial prescription for acute pain pursuant to this

section, the practitioner may issue one (1) subsequent prescription

for an opioid drug in a quantity not to exceed seven (7) days if:

a. the subsequent prescription is due to a major surgical

procedure or "confined to home" status as defined in

42 U.S.C., Section 1395n(a),

b. the practitioner provides the subsequent prescription

on the same day as the initial prescription,

c. the practitioner provides written instructions on the

subsequent prescription indicating the earliest date

on which the prescription may be filled, otherwise

known as a "do not fill until" date, and

d. the subsequent prescription is dispensed no more than

five (5) days after the "do not fill until" date

indicated on the prescription;

6. In the case of a patient under the age of eighteen (18)

years, enter into a patient-provider agreement with a parent or

guardian of the patient; and

7. In the case of a patient who is a pregnant woman, enter into

a patient-provider agreement with the patient.

C. No less than seven (7) days after issuing the initial

prescription pursuant to subsection A of this section, the

practitioner, after consultation with the patient, may issue a

subsequent prescription for the drug to the patient in a quantity

not to exceed seven (7) days, provided that:

1. The subsequent prescription would not be deemed an initial

prescription under this section;

2. The practitioner determines the prescription is necessary

and appropriate to the treatment needs of the patient and documents

the rationale for the issuance of the subsequent prescription; and

3. The practitioner determines that issuance of the subsequent

prescription does not present an undue risk of abuse, addiction or

diversion and documents that determination.

D. Prior to issuing the initial prescription of an opioid drug

in a course of treatment for acute or chronic pain and again prior

to issuing the third prescription of the course of treatment, a

practitioner shall discuss with the patient or the parent or

guardian of the patient if the patient is under eighteen (18) years

of age and is not an emancipated minor, the risks associated with

the drugs being prescribed, including but not limited to:

1. The risks of addiction and overdose associated with opioid

drugs and the dangers of taking opioid drugs with alcohol,

benzodiazepines and other central nervous system depressants;

2. The reasons why the prescription is necessary;

3. Alternative treatments that may be available; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 959

4. Risks associated with the use of the drugs being prescribed,

specifically that opioids are highly addictive, even when taken as

prescribed, that there is a risk of developing a physical or

psychological dependence on the controlled dangerous substance, and

that the risks of taking more opioids than prescribed or mixing

sedatives, benzodiazepines or alcohol with opioids can result in

fatal respiratory depression.

The practitioner shall include a note in the medical record of

the patient that the patient or the parent or guardian of the

patient, as applicable, has discussed with the practitioner the

risks of developing a physical or psychological dependence on the

controlled dangerous substance and alternative treatments that may

be available. The applicable state licensing board of the

practitioner shall develop and make available to practitioners

guidelines for the discussion required pursuant to this subsection.

E. At the time of the issuance of the third prescription for an

opioid drug, the practitioner shall enter into a patient-provider

agreement with the patient.

F. When an opioid drug is continuously prescribed for three (3)

months or more for chronic pain, the practitioner shall:

1. Review, at a minimum of every three (3) months, the course

of treatment, any new information about the etiology of the pain,

and the progress of the patient toward treatment objectives and

document the results of that review;

2. In the first year of the patient-provider agreement, assess

the patient prior to every renewal to determine whether the patient

is experiencing problems associated with an opioid use disorder as

defined by the American Psychiatric Association and document the

results of that assessment. Following one (1) year of compliance

with the patient-provider agreement, the practitioner shall assess

the patient at a minimum of every six (6) months;

3. Periodically make reasonable efforts, unless clinically

contraindicated, to either stop the use of the controlled substance,

decrease the dosage, try other drugs or treatment modalities in an

effort to reduce the potential for abuse or the development of an

opioid use disorder as defined by the American Psychiatric

Association and document with specificity the efforts undertaken;

4. Review the central repository information in accordance with

Section 2-309D of this title; and

5. Monitor compliance with the patient-provider agreement and

any recommendations that the patient seek a referral.

G. 1. Any prescription for acute pain pursuant to this section

shall have the words "acute pain" notated on the face of the

prescription by the practitioner.

2. Any prescription for chronic pain pursuant to this section

shall have the words "chronic pain" notated on the face of the

prescription by the practitioner.

Oklahoma Statutes - Title 63. Public Health and Safety Page 960

H. This section shall not apply to a prescription for a

patient:

1. Who has sickle cell disease;

2. Who is in treatment for cancer or receiving aftercare cancer

treatment;

3. Who is receiving hospice care from a licensed hospice;

4. Who is receiving palliative care in conjunction with a

serious illness;

5. Who is a resident of a long-term care facility; or

6. For any medications that are being prescribed for use in the

treatment of substance abuse or opioid dependence.

I. Every policy, contract or plan delivered, issued, executed

or renewed in this state, or approved for issuance or renewal in

this state by the Insurance Commissioner, and every contract

purchased by the Employees Group Insurance Division of the Office of

Management and Enterprise Services, on or after November 1, 2018,

that provides coverage for prescription drugs subject to a

copayment, coinsurance or deductible shall charge a copayment,

coinsurance or deductible for an initial prescription of an opioid

drug prescribed pursuant to this section that is either:

1. Proportional between the cost sharing for a thirty-day

supply and the amount of drugs the patient was prescribed; or

2. Equivalent to the cost sharing for a full thirty-day supply

of the drug, provided that no additional cost sharing may be charged

for any additional prescriptions for the remainder of the thirty-day

supply.

J. Any practitioner authorized to prescribe an opioid drug

shall adopt and maintain a written policy or policies that include

execution of a written agreement to engage in an informed consent

process between the prescribing practitioner and qualifying opioid

therapy patient. For the purposes of this section, "qualifying

opioid therapy patient" means:

1. A patient requiring opioid treatment for more than three (3)

months;

2. A patient who is prescribed benzodiazepines and opioids

together for more than one twenty-four-hour period; or

3. A patient who is prescribed a dose of opioids that exceeds

one hundred (100) morphine equivalent doses.

K. Nothing in the Anti-Drug Diversion Act shall be construed to

require a practitioner to limit or forcibly taper a patient on

opioid therapy. The standard of care requires effective and

individualized treatment for each patient as deemed appropriate by

the prescribing practitioner without an administrative or codified

limit on dose or quantity that is more restrictive than approved by

the Food and Drug Administration (FDA).
Okla. Stat. tit. 63, § 63-4216 — OK Code / Title 63 / Section 63-4216
Actions against nonresident owners or operators - Service
Status: in_force

of notice - Venue.

In an action in any court of this state, arising out of injury

to person or property caused by any vessel or motor while operating

in the waters of this state, including the Oklahoma portion of

boundary rivers, or moored in such waters or against shore land in

this state, when the owner or operator is a nonresident of this

state or a corporation not incorporated under the laws of this

state, service of the original notice may be made upon such

nonresident owner or operator or upon such foreign corporation in

the manner provided in Sections 2004 and 2005 of Title 12 of the

Oklahoma Statutes. The venue of such an action shall be the county

in which the damage occurred and the presence of such vessel and the

doing of said damage within the territory comprising the State of

Oklahoma, together with the subsequent removal of said vessel from

the jurisdiction of the State of Oklahoma, shall constitute a waiver

by the owner or operator thereof of any objection to the venue of

such an action commenced in a proper court of this state.
Okla. Stat. tit. 63, § 63-2-412 — OK Code / Title 63 / Section 63-2-412
Second or subsequent offenses
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 998

An offense shall be considered a second or subsequent offense

under this act, if, prior to his conviction of the offense, the

offender has at any time been convicted of an offense or offenses

under this act, under any statute of the United States, or of any

state relating to narcotic drugs, marihuana, depressant, stimulant,

or hallucinogenic drugs, as defined by this act.
Okla. Stat. tit. 63, § 63-124.1 — OK Code / Title 63 / Section 63-124.1
Administration and enforcement - Personnel
Status: in_force

The State Fire Marshal Commission shall:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1074

1. Promulgate rules for the administration and enforcement of

this division;

2. Administer the provisions hereof, pursuant to said rules;

and

3. Employ such agents and clerical help as may be necessary for

such purpose.
Okla. Stat. tit. 63, § 63-1-524 — OK Code / Title 63 / Section 63-1-524
Prisoners - Examinations - Testing certain persons for
Status: in_force

sexually transmitted infection (STI) or human immunodeficiency virus

(HIV) - Treatment - Quarantine.

A. The keeper of any prison or penal institution in this state

shall cause to be examined every person confined in such prison or

penal institution, to determine whether such person is an infected

person.

B. Any licensed physician may examine persons who are arrested

by lawful warrant for prostitution, or other sex crimes not

specified in Section 1-524.1 of this title, for the purpose of

determining if they are infected with a sexually transmitted

infection (STI) or a communicable disease including, but not limited

to, the human immunodeficiency virus (HIV). For purposes of

expediting such examination, in counties with a population of

greater than four hundred thousand (400,000), the county sheriff or

the chief of police of any municipality with a population of greater

than two hundred thousand (200,000) that is located within such

county and that has a municipal court of record shall notify the

city-county health department serving the county of any person who

has been arrested by county or city officers for prostitution. Any

such examination shall be made subsequent to arrest and if the

examination is for the human immunodeficiency virus, upon order of

the court issued at the initial appearance of the arrested person.

Every person shall submit to the examination and shall permit

specimens to be taken for laboratory examinations. Such person may

be detained until the results of the examination are known. The

Oklahoma Statutes - Title 63. Public Health and Safety Page 222

examination shall be made by a licensed physician. A determination

as to whether or not the person is infected shall not be based on

any prior examination. Any person found to be infected with a

sexually transmitted infection (STI) shall be treated by the State

Commissioner of Health or local health officer, or a physician of

such person's own choice, until such person is noninfectious or

dismissed by the Commissioner or local health officer or physician.

In the event a person infected with a sexually transmitted infection

(STI) refuses or fails to submit to treatment, then such person may

be quarantined for the purpose of treatment, and a report thereof

shall be made to the Commissioner.

C. For purposes of this section, the term "initial appearance”

shall refer to the first court appearance of an individual, in

person or by closed circuit television, before a magistrate on a

presentment, indictment or preliminary information on a felony

offense.
Okla. Stat. tit. 63, § 63-1-223 — OK Code / Title 63 / Section 63-1-223
Constitutional levy for health department
Status: repealed

A levy of not to exceed two and one-half (2 1/2) mills on the

dollar of assessed valuation of a county may be levied annually in

accordance with the provisions of Section 9A, Article 10, Oklahoma

Constitution, for the purpose of providing funds to maintain or aid

in maintaining a county, district or cooperative department of

health, where such levy is approved by a majority of the qualified

ad valorem taxpaying voters of the county, voting on the question at

an election called for such purpose; and the amount of the levy so

approved may continue to be made annually until repealed by a

majority of the qualified ad valorem taxpaying voters of the county,

voting on the question at an election called for such purpose.
Okla. Stat. tit. 63, § 63-1-543 — OK Code / Title 63 / Section 63-1-543
Short title - Screening for detection of congenital or
Status: in_force

acquired hearing loss.

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

Infant Hearing Screening Act”.

B. Every infant born in this state shall be screened for the

detection of congenital or acquired hearing loss prior to discharge

from the facility where the infant was born. A physician,

audiologist or other qualified person shall administer such

screening procedure in accordance with accepted medical practices

and in the manner prescribed by the State Board of Health. If an

infant requires emergency transfer to another facility for neonatal

care, such screening procedure shall be administered by the

receiving facility prior to discharge of the infant.

C. The State Board of Health shall promulgate rules necessary

to enact the provisions of this act. The State Commissioner of

Health shall develop procedures and guidelines for screening for the

detection of congenital or acquired hearing loss.

D. Any durable medical equipment purchased or supplied by the

State Department of Health for the purpose of being permanently or

temporarily fitted for use by a specific child shall not be deemed

or considered to be a “tangible asset” as that term is defined in

Section 110.1 of Title 74 of the Oklahoma Statutes and, once fitted

to a specific child, shall be deemed thereafter to have minimal or

no value to the Department for purposes of further disposition

pursuant to the Oklahoma Central Purchasing Act.
Okla. Stat. tit. 63, § 63-1-229.1 — OK Code / Title 63 / Section 63-1-229.1
Short title
Status: in_force

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

Tobacco Use Prevention and Cessation Act".
Okla. Stat. tit. 63, § 63-1-1904 — OK Code / Title 63 / Section 63-1-1904
Licensure and certification - Purpose - Procedure -
Status: in_force

Violations - Applications.

A. The State Department of Health shall establish a

comprehensive system of licensure and certification for facilities

in accordance with the Nursing Home Care Act for the purposes of:

1. Protecting the health, welfare and safety of residents;

2. Assuring the accountability for reimbursed care provided in

certified facilities participating in a federal or state health

program as provided by or through the Oklahoma Health Care

Authority; and

3. Assuring consistent application of uniform inspection

protocols.

B. The licensing and certification procedures and standards

provided in this act, or by rules of the State Board of Health,

shall be no less than provided in statute and rules currently

governing nursing facilities.

C. It shall be unlawful and upon conviction thereof, punishable

as a misdemeanor for any person to operate, manage or open a

facility unless such operation and management shall have been

approved and regularly licensed as hereinafter provided.

D. Before an initial license shall be issued pursuant to the

Nursing Home Care Act to operate and manage a facility, the

applicant shall provide the following:

1. An application on a form provided by the Department

containing, at a minimum, the following information:

a. the name and address of the applicant, if an

individual, and that the applicant is not less than

twenty-one (21) years of age, of reputable and

responsible character, and in sound physical and

mental health; and if a firm, partnership, or

association, of every member thereof; and in the case

of a corporation, the name and address thereof and of

Oklahoma Statutes - Title 63. Public Health and Safety Page 671

its officers and its registered agent and like

evidence for officers, as submitted for an individual,

b. the name and location of the facility for which a

license is sought,

c. the name and address of the person or persons under

whose management or supervision the facility will be

conducted, and a copy of the written agreement between

the manager and the applicant,

d. the name and address of any other person holding an

interest of at least five percent (5%) in the

ownership, operation or management of the facility,

e. the number and type of residents for which

maintenance, personal care, specialized or nursing

facility services are to be provided, and

f. a projected staffing pattern for providing patient

care;

2. A statement from the unit of local government having zoning

jurisdiction over the facility's location stating that the location

of the facility is not in violation of a zoning ordinance; and

3. Documentation that the administrator is the holder of a

current license as a Nursing Home Administrator issued by the

Oklahoma State Board of Examiners for Nursing Home Administrators.

E. Before issuing an initial license, the Department shall find

that the individual applicant, or the corporation, partnership or

other entity, if the applicant is not an individual, is a person

responsible and suitable to operate or to direct or participate in

the operation of a facility by virtue of financial capacity,

appropriate business or professional experience, a record of

compliance with lawful orders of the Department and lack of

revocation of a license during the previous five (5) years. In

determining the applicant's responsibility and suitability to

operate or to direct or participate in the operation of a facility,

the Department may also consider the applicant's record of

suspensions, receivership, administrative penalties, or

noncompliance with lawful orders of this Department or of other

departments of other states with similar responsibilities.
Okla. Stat. tit. 63, § 63-1-2703 — OK Code / Title 63 / Section 63-1-2703
Telemedicine grants – Rural assistance
Status: in_force

A. Contingent upon the provision of appropriated funds

designated for Telemedicine Services Programs, the State Department

of Health is authorized to award one or more competitive grants to

public hospitals or health care facilities for programs which

deliver medical and other health care services through a

telemedicine system. The goal of the grant program shall be to

assist in the development of telemedicine programs which in turn

have the effect of:

1. Empowering rural health facilities;

2. Expanding the range of services to rural areas;

3. Providing greater access to patients in rural areas;

4. Reducing the number of patient transfers to urban areas;

5. Enhancing rural economic development; and

6. Reducing the costs of medical care.

B. Funding may cover the cost of equipment, software, or the

connection costs of either upstream or downstream users.

C. All grants shall be matched with funds from the grant

recipient or in-kind contributions.

D. In order to be eligible for a grant, the program shall:

Oklahoma Statutes - Title 63. Public Health and Safety Page 868

1. State clear and measurable program goals and objectives;

2. Provide verifiable data on how the program is meeting its

stated goals and objectives; and

3. Include an evaluation component including an annual written

self-evaluation.

E. The State Board of Health shall promulgate rules as

necessary to administer the Telemedicine Service Program grants and

the process by which the grant funding shall be allocated.
Okla. Stat. tit. 63, § 63-465.20 — OK Code / Title 63 / Section 63-465.20
Smelling, inhaling, etc. of substances which cause
Status: in_force

unnatural conditions - Exemptions - Penalties.

(a) It shall be unlawful for any person deliberately to smell,

inhale, breathe, drink or otherwise consume any compound, liquid,

chemical, controlled dangerous substance, prescription drugs or any

other substance or chemical containing any ketones, aldehydes,

organic acetones, ether, chlorinated hydrocarbons or metallic

powders, such as gasoline, glue, fingernailpolish, adhesive cement,

mucilage, dope, paint dispensed from pressurized containers or any

other substance or combination thereof containing solvents releasing

toxic vapors, with the intent to cause conditions of intoxication,

inebriation, excitement, elation, stupefaction, paralysis,

irrationality, dulling of the brain or nervous system, or any other

changing, distorting or disturbing of the eyesight, thinking

processes, judgment, balance or coordination of such person.

(b) The provisions of this statute shall not pertain to any

person who inhales, breathes, drinks or otherwise consumes such

material or substance pursuant to the direction or prescription of

any licensed doctor, physician, surgeon, dentist or podiatrist; nor

to the consumption of intoxicating liquor.

(c) Any person who violates any provisions of this act relating

to inhalation of glue or other substances shall be guilty of a

misdemeanor, and upon conviction shall be subject to imprisonment in

the county jail for not more than one (1) year or a fine of not more

than Five Hundred Dollars ($500.00), or both such imprisonment and

fine.Oklahoma Statutes - Title 63. Public Health and Safety Page 37
Okla. Stat. tit. 63, § 63-1-331 — OK Code / Title 63 / Section 63-1-331
Renumbered as § 396.30 of Title 59 by Laws 2003, c. 57,
Status: in_force

§ 31, emerg. eff. April 10, 2003.
Okla. Stat. tit. 63, § 63-2-404 — OK Code / Title 63 / Section 63-2-404
Prohibited acts D - Penalties
Status: in_force

A. It shall be unlawful for any person:

1. Who is subject to the requirements of Article III of this

act to distribute or dispense a controlled dangerous substance in

violation of Section 2-308 of this title;

2. Who is a registrant to manufacture, distribute, or dispense

a controlled dangerous substance not authorized by his registration

to another registrant or other authorized person;

3. To omit, remove, alter, or obliterate a symbol required by

the Federal Controlled Substances Act or this act;

4. To refuse or fail to make, keep, or furnish any record,

notification, order form, statement, invoice, or information

required under this act;

5. To refuse any entry into any premises or inspection

authorized by this act; or

6. To keep or maintain any store, shop, warehouse, dwelling

house, building, vehicle, boat, aircraft, or any place whatever,

which is resorted to by persons using controlled dangerous

substances in violation of this act for the purpose of using such

substances, or which is used for the keeping or selling of the same

in violation of this act.

B. Any person who violates this section is punishable by a

civil fine of not more than One Thousand Dollars ($1,000.00);

provided, that, if the violation is prosecuted by an information or

indictment which alleges that the violation was committed knowingly

or intentionally, and the trier of fact specifically finds that the

violation was committed knowingly or intentionally, such person is

guilty of a Class D1 felony offense punishable by imprisonment as

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

of the Oklahoma Statutes, and a fine of not more than Ten Thousand

Dollars ($10,000.00), except that if such person is a corporation it

shall be subject to a civil penalty of not more than One Hundred

Thousand Dollars ($100,000.00). The fine provided for in this

subsection shall be in addition to other punishments provided by law

and shall not be in lieu of other punishment.

C. Any person convicted of a second or subsequent violation of

this section is punishable by a term of imprisonment as provided for

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

Oklahoma Statutes and by twice the fine otherwise authorized. The

fine provided for in this subsection shall be in addition to other

punishments provided by law and shall not be in lieu of other

punishment.

Oklahoma Statutes - Title 63. Public Health and Safety Page 991

D. 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, § 63-1-745.12 — OK Code / Title 63 / Section 63-1-745.12
Heartbeat Informed Consent Act
Status: in_force

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

Informed Consent Act".
Okla. Stat. tit. 63, § 63-687.4 — OK Code / Title 63 / Section 63-687.4
Temporary disaster locations for seat of local
Status: in_force

government.

A. Whenever an emergency or man-made disaster makes it

imprudent or impossible to conduct the affairs of any local

government at its regular location, the governing body may meet at

any place, inside or outside the limits of the political

subdivision, at the call of the presiding officer or any two members

of the governing body, and designate by ordinance a temporary

emergency or man-made disaster location of the local government,

which remains the seat of the local government until the governing

body establishes a new location or until the emergency or man-made

disaster is declared ended by the Legislature and the seat is

returned to its normal location.

B. Any official act or meeting required to be performed at the

seat of the local government is valid when performed at a temporary

emergency or man-made disaster location under this section.
Okla. Stat. tit. 63, § 63-1-1951 — OK Code / Title 63 / Section 63-1-1951
Certification, training and registration
Status: in_force

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

to:

1. Issue certificates of training and competency for nurse

aides;

2. Approve training and competency programs including, but not

limited to, education-based programs and employer-based programs,

including those programs established pursuant to Section 223.1 of

Title 72 of the Oklahoma Statutes;

3. Determine curricula and standards for training and

competency programs. The Department shall require such training to

include a minimum of ten (10) hours of training in the care of

Alzheimer's patients;

4. Establish and maintain a registry for certified nurse aides

and for nurse aide trainees;

5. Establish categories and standards for nurse aide

certification and registration, including feeding assistants as

defined in 42 CFR Parts 483 and 488;

6. Exercise all incidental powers as necessary and proper to

implement and enforce the provisions of this section; and

7. Suspend or revoke any certification issued to any nurse

aide, if:

a. the nurse aide is found to meet any of the

requirements contained in subsection D of Section 1-

1947 of this title,

b. the nurse aide is found to meet any of the

requirements contained in subsection C of Section 1-

1950.1 of this title, or

c. the nurse aide is found to have committed abuse,

neglect or exploitation of a resident or

misappropriation of resident or client property

pursuant to the requirements contained in paragraph 7

of subsection D of this section. The action to revoke

or suspend may be included with the filing of any

action pursuant to the requirements of paragraph 7 of

subsection D of this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 770

B. The State Board of Health shall promulgate rules to

implement the provisions of this section and shall have power to

assess fees.

1. Each person certified as a nurse aide pursuant to the

provisions of this section shall be required to pay certification

and recertification fees in amounts to be determined by the State

Board of Health, not to exceed Fifteen Dollars ($15.00).

2. In addition to the certification and recertification fees,

the State Board of Health may impose fees for training or education

programs conducted or approved by the Department, except for those

programs operated by the Oklahoma Department of Veterans Affairs.

3. All revenues collected as a result of fees authorized in

this section and imposed by the Board shall be deposited into the

Public Health Special Fund.

C. Only a person who has qualified as a certified nurse aide

and who holds a valid current nurse aide certificate for use in this

state shall have the right and privilege of using the title

Certified Nurse Aide and to use the abbreviation CNA after the name

of such person. Any person who violates the provisions of this

section shall be subject to a civil monetary penalty to be assessed

by the Department.

D. A person qualified by the Department as a certified nurse

aide shall be deemed to have met the requirements to work as a home

health aide pursuant to the provisions of the Home Care Act and

shall require no further licensure for performing services within

the scope of practice of home health aides.

E. 1. The State Department of Health shall establish and

maintain a certified nurse aide, nurse aide trainee and feeding

assistant registry that:

a. is sufficiently accessible to promptly meet the needs

of the public and employers, and

b. provides a process for notification and investigation

of alleged abuse, exploitation or neglect of residents

of a facility or home, clients of an agency or center,

or of misappropriation of resident or client property.

2. The registry shall contain information as to whether a nurse

aide has:

a. successfully completed a certified nurse aide training

and competency examination,

b. met all the requirements for certification, or

c. received a waiver from the Board.

3. The registry shall include, but not be limited to, the

following information on each certified nurse aide or nurse aide

trainee:

a. the full name of the individual,

b. information necessary to identify each individual.

Certified nurse aides and nurse aide trainees shall

Oklahoma Statutes - Title 63. Public Health and Safety Page 771

maintain with the registry current residential

addresses and shall notify the registry, in writing,

of any change of name. Notification of change of name

shall require certified copies of any marriage license

or other court document which reflects the change of

name. Notice of change of address or telephone number

shall be made within ten (10) days of the effected

change. Notice shall not be accepted over the phone,

c. the date the individual became eligible for placement

in the registry, and

d. information on any finding of the Department of abuse,

neglect or exploitation by the certified nurse aide or

nurse aide trainee, including:

(1) documentation of the Department's investigation,

including the nature of the allegation and the

evidence that led the Department to confirm the

allegation,

(2) the date of the hearing, if requested by the

certified nurse aide or nurse aide trainee, and

(3) statement by the individual disputing the finding

if the individual chooses to make one.

4. The Department shall include the information specified in

subparagraph d of paragraph 3 of this subsection in the registry

within ten (10) working days of the substantiating finding and it

shall remain in the registry, unless:

a. it has been determined by an administrative law judge,

a district court or an appeal court that the finding

was in error, or

b. the Board is notified of the death of the certified

nurse aide or nurse aide trainee.

5. Upon receipt of an allegation of abuse, exploitation or

neglect of a resident or client, or an allegation of

misappropriation of resident or client property by a certified nurse

aide or nurse aide trainee, the Department shall place a pending

notation in the registry until a final determination has been made.

If the investigation, or administrative hearing held to determine

whether the certified nurse aide or nurse aide trainee is in

violation of the law or rules promulgated pursuant thereto, reveals

that the abuse, exploitation or neglect, or misappropriation of

resident or client property was unsubstantiated, the pending

notation shall be removed within twenty-four (24) hours of receipt

of notice by the Department.

6. The Department shall, after notice to the individuals

involved and a reasonable opportunity for a hearing, make a finding

as to the accuracy of the allegations.

7. If the Department after notice and opportunity for hearing

determines with clear and convincing evidence that abuse, neglect or

Oklahoma Statutes - Title 63. Public Health and Safety Page 772

exploitation, or misappropriation of resident or client property has

occurred and the alleged perpetrator is the person who committed the

prohibited act, notice of the findings shall be sent to the nurse

aide and to the district attorney for the county where the abuse,

neglect or exploitation, or misappropriation of resident or client

property occurred and to the Medicaid Fraud Control Unit of the

Attorney General's Office. Notice of ineligibility to work as a

nurse aide in a long-term care facility, a residential care

facility, assisted living facility, day care facility, or any entity

that requires certification of nurse aides, and notice of any

further appeal rights shall also be sent to the nurse aide.

8. In any proceeding in which the Department is required to

serve notice or an order on an individual, the Department may send

written correspondence to the address on file with the registry. If

the correspondence is returned and a notation of the United States

Postal Service indicates "unclaimed" or "moved" or "refused" or any

other nondelivery markings and the records of the registry indicate

that no change of address as required by this subsection has been

received by the registry, the notice and any subsequent notices or

orders shall be deemed by the court as having been legally served

for all purposes.

9. The Department shall require that each facility check the

nurse aide registry before hiring a person to work as a nurse aide.

If the registry indicates that an individual has been found, as a

result of a hearing, to be personally responsible for abuse, neglect

or exploitation, that individual shall not be hired by the facility.

10. If the state finds that any other individual employed by

the facility has neglected, abused, misappropriated property or

exploited in a facility, the Department shall notify the appropriate

licensing authority and the district attorney for the county where

the abuse, neglect or exploitation, or misappropriation of resident

or client property occurred.

11. Upon a written request by a certified nurse aide or nurse

aide trainee, the Board shall provide within twenty (20) working

days all information on the record of the certified nurse aide or

nurse aide trainee when a finding of abuse, exploitation or neglect

is confirmed and placed in the registry.

12. Upon request and except for the names of residents and

clients, the Department shall disclose all of the information

relating to the confirmed determination of abuse, exploitation and

neglect by the certified nurse aide or nurse aide trainee to the

person requesting such information, and may disclose additional

information the Department determines necessary.

13. A person who has acted in good faith to comply with state

reporting requirements and this section of law shall be immune from

liability for reporting allegations of abuse, neglect or

exploitation.

Oklahoma Statutes - Title 63. Public Health and Safety Page 773

F. Each nurse aide trainee shall wear a badge which clearly

identifies the person as a nurse aide trainee. Such badge shall be

furnished by the facility employing the trainee. The badge shall be

nontransferable and shall include the first and last name of the

trainee.

G. 1. For purposes of this section, "feeding assistant" means

an individual who is paid to feed residents by a facility or who is

used under an arrangement with another agency or organization and

meets the requirements cited in 42 CFR Parts 483 and 488.

2. Each facility that employs or contracts employment of a

feeding assistant shall maintain a record of all individuals, used

by the facility as feeding assistants, who have successfully

completed a training course approved by the state for paid feeding

assistants.
Okla. Stat. tit. 63, § 63-4005 — OK Code / Title 63 / Section 63-4005
Exemptions
Status: in_force

A. A vessel or motor shall not be required to be titled and

registered pursuant to the provisions of the Oklahoma Vessel and

Motor Registration Act if:

1. Such vessel or motor is owned by the United States, a state

other than the State of Oklahoma, any agency thereof, or any

subdivision of the state; provided, however, if such vessel is used

for recreational or rental purposes on the waters of this state, the

vessel shall be registered and numbered in accordance with Section

4002 et seq. of this title;

2. Such vessel or motor is owned by a visiting nonresident and

is currently registered in another state. Provided that if any such

vessel or motor remains in Oklahoma in excess of sixty (60) calendar

days, such vessel or motor shall be registered pursuant to the

provisions of the Oklahoma Vessel and Motor Registration Act and the

registration fees due thereon from the date of entry into Oklahoma

must be paid;

3. Such vessel or motor is from a country other than the United

States provided such vessel or motor does not remain in Oklahoma in

excess of sixty (60) calendar days;

4. Such vessel is used exclusively and solely as a lifeboat;

5. Such vessel is used exclusively and solely for racing

purposes;

6. Such vessel is a commercial flotation device which is issued

a license by the Grand River Dam Authority pursuant to the

provisions of the Scenic Rivers Act; provided, a commercial

flotation device shall be required to be titled pursuant to the

provisions of Section 4008 of this title;

7. Such vessel is a documented vessel provided such documented

vessel shall be required to be registered pursuant to the provisions

of Section 4016 of this title; or

8. Such vessel is a canoe, kayak, kiteboard or paddleboat as

defined in Section 4002 of this title, except that such vessels,

when powered by any means other than human power, shall be titled

and registered pursuant to the provisions of the Oklahoma Vessel and

Motor Registration Act.

B. Motors classified as inboard motors shall not be required to

be titled or registered pursuant to the provisions of the Oklahoma

Vessel and Motor Registration Act.

C. All vessels and motors which are owned by the State of

Oklahoma, its agencies or departments, or political subdivisions

thereof, or which, under the law, would be exempt from direct ad

valorem taxation, shall be titled and registered pursuant to the

provisions of the Oklahoma Vessel and Motor Registration Act.

Provided, all vessels and motors titled and registered to the

Department of Public Safety shall be exempt from all registration

fees.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1611

D. All other vessels shall be titled and registered pursuant to

the provisions of the Oklahoma Vessel and Motor Registration Act.

E. At the request of the owner, any vessel exempt from the

title and registration provisions of this section shall be titled

and registered pursuant to the provisions of the Oklahoma Vessel and

Motor Registration Act for the purposes of proof of ownership or

vessel identification. All title and registration fees shall be

paid by the owner of the vessel.
Okla. Stat. tit. 63, § 63-1-919 — OK Code / Title 63 / Section 63-1-919
Plans for bottled water plants
Status: in_force

Before any bottled water plant is hereafter constructed,

reconstructed, or extensively altered, properly prepared plans

therefor shall be approved by the State Commissioner of Health.
Okla. Stat. tit. 63, § 63-684.27 — OK Code / Title 63 / Section 63-684.27
Applicability to volunteer health practitioners
Status: in_force

The Uniform Emergency Volunteer Health Practitioners Act applies

to volunteer health practitioners registered with a registration

system that complies with Section 7 of this act and who provide

health or veterinary services in this state for a host entity while

an emergency declaration is in effect.
Okla. Stat. tit. 63, § 63-1-242.4 — OK Code / Title 63 / Section 63-1-242.4
Composition and structure of Committee
Status: in_force

The Maternal Mortality Review Committee shall be composed of

eleven (11) members, or their designees, as follows:

1. Eight of the members shall be:

a. the Chair of the Oklahoma Chapter of the American

College of Obstetricians and Gynecologists,

b. the President of the Oklahoma Chapter of the American

College of Nurse-Midwives,

Oklahoma Statutes - Title 63. Public Health and Safety Page 158

c. the Medical Director for the Oklahoma Perinatal

Quality Improvement Collaborative,

d. the Director of the Maternal and Child Health Service

of the State Department of Health,

e. the Chair of the Oklahoma Chapter of the Association

of Women’s Health, Obstetric and Neonatal Nurses,

f. the Executive Director of the Southern Plains Tribal

Health Board,

g. the Director of the Oklahoma Perinatal Quality

Improvement Collaborative, and

h. the administrative program manager of the Maternal and

Child Health Service Perinatal and Reproductive Health

Division; and

2. Three of the members shall be appointed by the State

Commissioner of Health to serve for two-year terms and shall be

eligible for reappointment. The members shall be persons having

training and experience in matters related to maternal mortality and

severe maternal morbidity. The members shall be appointed from the

following positions:

a. a physician who is a member of the Oklahoma State

Medical Association or the Oklahoma Osteopathic

Association,

b. a maternal-fetal medicine physician, and

c. an individual who has been affected by pregnancy-

related or pregnancy-associated deaths, severe

maternal morbidity, and/or lack of access to maternal

health care services.

Every two (2) years the Committee shall elect from among its

membership a chair and a vice chair. The Committee shall meet at

least quarterly and may meet more frequently as necessary as

determined by the chair.
Okla. Stat. tit. 63, § 63-695.6 — OK Code / Title 63 / Section 63-695.6
Professional, mechanical or other licenses, certificates
Status: in_force

or permits.

Whenever any person holds a license, certificate, or other

permit issued by any jurisdiction party evidencing the meeting of

qualifications for professional, mechanical, or other skills, and

when such assistance is requested by the receiving jurisdiction,

such person shall be deemed licensed, certified, or permitted by the

jurisdiction requesting assistance to render aid involving such

skill to meet an emergency or disaster, or a nondisaster incident or

activity as determined by the participating jurisdictions, subject

to such limitations and conditions as the requesting jurisdiction

may prescribe by executive order or otherwise.
Okla. Stat. tit. 63, § 63-1-2551 — OK Code / Title 63 / Section 63-1-2551
Article II — Definitions
Status: in_force

ARTICLE II

Definitions

As used in this Compact:

1. "Advanced emergency medical technician (AEMT)" means an

individual licensed with cognitive knowledge and a scope of practice

that corresponds to that level in the National EMS Education

Standards and National EMS Scope of Practice Model;

2. "Adverse action" means any administrative, civil, equitable,

or criminal action permitted by a state's laws which may be imposed

against licensed EMS personnel by a state EMS authority or state

Oklahoma Statutes - Title 63. Public Health and Safety Page 848

court, including, but not limited to, actions against an

individual's license such as revocation, suspension, probation,

consent agreement, monitoring, or other limitation or encumbrance on

the individual's practice, letters of reprimand or admonition,

fines, criminal convictions, and state court judgments enforcing

adverse actions by the state EMS authority;

3. "Alternative program" means a voluntary, nondisciplinary

substance abuse recovery program approved by a state EMS authority;

4. "Certification" means the successful verification of entry-

level cognitive and psychomotor competency using a reliable,

validated, and legally defensible examination;

5. "Commission" means the national administrative body of which

all states that have enacted the Compact are members;

6. "Emergency medical technician (EMT)" means an individual

licensed with cognitive knowledge and a scope of practice that

corresponds to that level in the National EMS Education Standards

and National EMS Scope of Practice Model;

7. "Home state" means a member state where an individual is

licensed to practice emergency medical services;

8. "License" means the authorization by a state for an

individual to practice as an EMT, AEMT, paramedic, or a level in

between EMT and paramedic;

9. "Medical director" means a physician licensed in a member

state who is accountable for the care delivered by EMS personnel;

10. "Member state" means a state that has enacted this Compact;

11. "Privilege to practice" means an individual's authority to

deliver emergency medical services in remote states as authorized

under this Compact;

12. "Paramedic" means an individual licensed with cognitive

knowledge and a scope of practice that corresponds to that level in

the National EMS Education Standards and National EMS Scope of

Practice Model;

13. "Remote state" means a member state in which an individual

is not licensed;

14. "Restricted" means the outcome of an adverse action that

limits a license or the privilege to practice;

15. "Rule" means a written statement by the Interstate

Commission promulgated pursuant to Section 12 of this Compact that

is of general applicability; implements, interprets, or prescribes a

policy or provision of the Compact; or is an organizational,

procedural, or practice requirement of the Commission and has the

force and effect of statutory law in a member state and includes the

amendment, repeal, or suspension of an existing rule;

16. "Scope of practice" means defined parameters of various

duties or services that may be provided by an individual with

specific credentials. Whether regulated by rule, statute, or court

Oklahoma Statutes - Title 63. Public Health and Safety Page 849

decision, it tends to represent the limits of services an individual

may perform;

17. "Significant investigatory information" means:

a. investigative information that a state EMS authority,

after a preliminary inquiry that includes notification

and an opportunity to respond if required by state

law, has reason to believe, if proved true, would

result in the imposition of an adverse action on a

license or privilege to practice, or

b. investigative information that indicates that the

individual represents an immediate threat to public

health and safety regardless of whether the individual

has been notified and had an opportunity to respond;

18. "State" means any state, commonwealth, district, or

territory of the United States; and

19. "State EMS authority" means the board, office, or other

agency with the legislative mandate to license EMS personnel.
Okla. Stat. tit. 63, § 63-1-865.7 — OK Code / Title 63 / Section 63-1-865.7
Sheltered workshop inspection - Notice
Status: in_force

A. Every sheltered workshop shall be inspected at least

annually by a duly appointed representative of the Department of

Human Services pursuant to rules promulgated by the Sheltered

Workshop Act.

B. The Department shall inspect, survey, and evaluate each

sheltered workshop to determine compliance with applicable licensure

Oklahoma Statutes - Title 63. Public Health and Safety Page 528

and program requirements and standards no less than annually and at

any time the Department deems necessary.

C. Any inspection, investigation, survey, or evaluation may be

conducted without prior notice. Any licensee or applicant for a

license shall be deemed to have given consent to any duly authorized

employee or agent of the Department to enter and inspect the

sheltered workshop in accordance with the provisions of the

Sheltered Workshop Act. Refusal to permit such entry or inspection

shall constitute grounds for the denial, nonrenewal, suspension or

revocation of a license.

D. The Department shall maintain a log, updated at least

monthly and available for public inspection, which shall at a

minimum detail:

1. The name of the sheltered workshop and date of inspection,

investigation, survey, or evaluation;

2. Any deficiencies, lack of compliance, or violation noted at

the inspection, investigation, survey, or evaluation;

3. The date a notice of violation, license denial, nonrenewal,

suspension, or revocation was issued or other enforcement action

occurred;

4. Proposed dates for the resolution of deficiencies;

5. The date corrections were completed, as verified by an

inspection; and

6. If the inspection or investigation was made pursuant to the

receipt of a complaint, the date such complaint was received and the

date the sheltered workshop was notified of the results of the

inspection or investigation.
Okla. Stat. tit. 63, § 63-2-207 — OK Code / Title 63 / Section 63-2-207
Schedule III characteristics
Status: in_force

Schedule III includes substances with the following

characteristics:

1. A potential for abuse less than the substances listed in

Schedules I and II;

2. Currently accepted medical use in treatment in the United

States; and

3. Abuse may lead to moderate or low physical dependence or

high psychological dependence.
Okla. Stat. tit. 63, § 63-6103 — OK Code / Title 63 / Section 63-6103
Purposes
Status: in_force

The purposes of the Catastrophic Health Emergency Powers Act

are:

1. To require the development of a comprehensive plan to

provide for a coordinated, appropriate response in the event of a

catastrophic health emergency;

2. To authorize the reporting and collection of data and

records, the management of property, the protection of persons, and

access to communications during a catastrophic health emergency;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1763

3. To facilitate the early detection of a catastrophic health

emergency, and allow for immediate investigation of such a

catastrophic health emergency by granting access to health

information of individuals under specified circumstances;

4. To grant state and local officials the authority during a

catastrophic health emergency to provide care, treatment, and

vaccination to persons who are ill or who have been exposed to

transmissible diseases, and to separate affected individuals from

the population at large to interrupt disease transmission;

5. To ensure during a catastrophic health emergency that the

needs of infected or exposed persons are properly addressed to the

fullest extent possible, given the primary goal of controlling

serious health threats; and

6. To provide, during a catastrophic health emergency, state

and local officials with the ability to prevent, detect, manage, and

contain health threats without unduly interfering with civil rights

and liberties.
Okla. Stat. tit. 63, § 63-1-1009 — OK Code / Title 63 / Section 63-1-1009
Renumbered as § 2-6-801 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-890.9 — OK Code / Title 63 / Section 63-1-890.9
Internal quality assurance committee
Status: in_force

A. Each assisted living center shall establish and maintain an

internal quality assurance committee that meets at least quarterly.

The committee shall:

1. Monitor trends and incidents;

2. Monitor customer satisfaction measures;

3. Document quality assurance efforts and outcomes;

4. Recommend internal policies on resident care including, but

not limited to, policies on administration of medications; and

5. Perform such other duties or functions as directed by the

State Commissioner of Health through rule.

B. The quality assurance committee shall include at least the

following:

1. A Registered Nurse or physician if a medical problem is to

be monitored or investigated;

2. The assisted living center administrator;

3. A direct care staff person or a staff person who has

responsibility for administration of medications;

4. A pharmacist consultant if a medication problem is to be

monitored or investigated; and

5. A person who has an ownership stake in the assisted living

center, or his or her designee.
Okla. Stat. tit. 63, § 63-1-321 — OK Code / Title 63 / Section 63-1-321
Amendment of certificate or record
Status: in_force

A. A certificate or record registered under this article may be

amended only in accordance with this article and regulations

thereunder adopted by the Commissioner of Health to protect the

integrity and accuracy of vital statistics records.

B. A certificate that is amended under this section shall be

marked "amended", except as provided in subsection D of this

section. The date of amendment and a summary description of the

evidence submitted in support of the amendment shall be endorsed on

or made a part of the record.

The Commissioner shall prescribe by regulation the conditions under

which additions or minor corrections shall be made to birth

certificates within one (1) year after the date of birth without the

certificate being considered as amended. Certificates shall be

marked as "amended" for minor corrections made one (1) year after

the date of birth.

C. Upon receipt of a certified copy of a court order, from a

court of competent jurisdiction, changing the name of a person born

in this state and upon request of such person or his or her parent,

guardian or legal representative, the Commissioner of Health shall

amend the certificate of birth to reflect the new name.

D. When a child is born out of wedlock, the Commissioner shall

amend a certificate of birth to show paternity, if paternity is not

currently shown on the birth certificate, in the following

situations:

1. Upon request and receipt of a sworn acknowledgment of

paternity of a child born out of wedlock signed by both parents;

2. Upon receipt of a certified copy of a court order

adjudicating paternity; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 195

3. Upon receipt of an electronic record from the Department of

Human Services indicating that an acknowledgment of paternity has

been signed by both parents or a court order adjudicating paternity.

E. For a child born out of wedlock, the Commissioner shall also

change the surname of the child on the certificate:

1. To the specified surname upon receipt of acknowledgment of

paternity signed by both parents, upon receipt of a certified copy

of a court order directing such name be changed or upon receipt of

an electronic record from the Department of Human Services

indicating that an acknowledgment of paternity has been signed by

both parents or a court order directs such name change. Such

certificate amended pursuant to this subsection shall not be marked

"amended"; or

2. To the surname of the mother on the birth certificate in the

event the acknowledgment of paternity is rescinded.

F. The Commissioner shall have the power and duty to promulgate

rules for situations in which the Department receives false

information regarding the identity of a parent.

G. If within one (1) year of the initial issuance of a

certificate of death, a funeral director, or a person acting as

such, requests a correction to any portion of the death record

except the information relating to the medical certification

portion, due to a scrivener's error, misspelling or other correction

of information, the Commissioner of Health, through the State

Registrar of Vital Statistics, shall amend the record, provided the

request is made in writing or through an electronic system and is

accompanied by documentation disclosing the correct information or

by a sworn statement of the funeral director. The funeral director,

or person acting as such, shall be responsible for any and all

amendment fees that may be imposed by the Commissioner of Health for

the correction. Up to ten certified copies containing the erroneous

original information may be exchanged for certified copies

containing the corrected information at no additional cost.

H. Beginning April 26, 2022, the biological sex designation on

a certificate of birth amended under this section shall be either

male or female and shall not be nonbinary or any symbol representing

a nonbinary designation including but not limited to the letter "X".
Okla. Stat. tit. 63, § 63-123.2A — OK Code / Title 63 / Section 63-123.2A
Permit to purchase blasting agents or explosives
Status: in_force

A. No person shall purchase blasting agents or explosives in

this state without first obtaining a permit pursuant to the Oklahoma

Explosives and Blasting Regulation Act or without first obtaining

written notification from the Department of Mines that the person is

exempt from this permit requirement.

B. Distributors or sellers of blasting agents or explosives

shall require presentation of either the permit or exemption

notification required in subsection A of this section before the

sale or transfer of blasting agents or explosives.

C. The Oklahoma Mining Commission shall promulgate rules to

implement this section.
Okla. Stat. tit. 63, § 63-1-818.6 — OK Code / Title 63 / Section 63-1-818.6
Renumbered as § 1430.6 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-756.8 — OK Code / Title 63 / Section 63-1-756.8
Reports to be submitted on each drug-induced abortion – Annual statistical report
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 13– Annual statistical report upon data gathered.

A. For the purpose of promoting maternal health and adding to

the sum of medical and public health knowledge through the

compilation of relevant data, a report of each drug-induced abortion

performed shall be made to the State Department of Health on forms

prescribed by it. The reports shall be completed by the hospital or

other licensed facility in which the abortion-inducing drug was

given, sold, dispensed, administered or otherwise provided or

prescribed; signed by the qualified physician who gave, sold,

dispensed, administered or otherwise provided or prescribed the

abortion-inducing drug; and transmitted to the Department within

fifteen (15) days after each reporting month.

B. Each report shall include, at minimum, the following

information:

1. Identification of the qualified physician who provided the

abortion-inducing drug;

2. Whether the chemical abortion was completed at the hospital

or licensed facility in which the abortion-inducing drug was

provided or at an alternative location;

3. The referring physician, agency or service, if any;

4. The pregnant woman's age and race;

5. The number of previous pregnancies, number of live births

and number of previous abortions of the pregnant woman;

6. The probable gestational age of the unborn child as

determined by both patient history and by ultrasound results used to

confirm the gestational age. The report shall include the date of

the ultrasound and gestational age determined on that date;

7. The abortion-inducing drug or drugs used, the date each was

provided to the pregnant woman and the reason for the abortion, if

known;

8. Preexisting medical conditions of the pregnant woman which

would complicate her pregnancy, if any;

9. Whether the woman returned for a follow-up examination to

determine completion of the abortion procedure and to assess

Oklahoma Statutes - Title 63. Public Health and Safety Page 449

bleeding and the date and results of any such follow-up examination,

and what reasonable efforts were made by the qualified physician to

encourage that she return for a follow-up examination if she did

not;

10. Whether the woman suffered any complications, and what

specific complications arose and any follow-up treatment needed; and

11. The amount billed to cover the treatment for specific

complications including whether the treatment was billed to

Medicaid, private insurance, private pay or other method. This

shall include charges for any physician, hospital, emergency room,

prescription or other drugs, laboratory tests and any other costs

for treatment rendered.

C. Reports required under this subsection shall not contain:

1. The name of the pregnant woman;

2. Common identifiers such as her social security number or

driver license number; or

3. Other information or identifiers that would make it possible

to identify, in any manner or under any circumstances, a woman who

has obtained or seeks to obtain a chemical abortion.

D. If a qualified physician provides an abortion-inducing drug

to a pregnant woman for the purpose of inducing an abortion as

authorized in Sections 2 and 3 of this act, and if the qualified

physician knows that the woman who uses the abortion-inducing drug

for the purpose of inducing an abortion experiences, during or after

the use of the abortion-inducing drug, an adverse event, the

qualified physician shall provide a written report of the adverse

event within three (3) days of the event to the Food and Drug

Administration via the Medwatch Reporting System, and to the

Department and to the State Board of Medical Licensure and

Supervision.

E. Any physician, qualified physician, associated physician or

other healthcare provider who treats a woman, either

contemporaneously to or at any time after the procedure, for an

adverse event or complication related to a chemical abortion shall

make a report of the adverse event to the Department on forms

prescribed by it. The reports shall be completed by the hospital or

other facility in which the adverse event treatment was provided;

signed by the physician, qualified physician or other healthcare

provider who treated the adverse event; and transmitted to the

Department within (15) days after each reporting month.

F. The Department shall prepare a comprehensive annual

statistical report for the Legislature based upon the data gathered

from reports under this section. The aggregated data shall also be

made available to the public by the Department in a downloadable

format.

Oklahoma Statutes - Title 63. Public Health and Safety Page 450

G. The Department shall summarize aggregate data from the

reports required under this act and submit the data to the Centers

for Disease Control and Prevention.

H. Reports filed pursuant to this section shall be public

records and shall be available to the public in accordance with the

confidentiality and public records reporting laws of this state.

Copies of all reports filed under this subsection shall be available

to the State Board of Medical Licensure and Supervision, State Board

of Pharmacy, state law enforcement offices and child protective

services for use in the performance of their official duties.

I. Absent a valid court order or judicial subpoena, neither the

Department, any other state department, agency or office nor any

employees thereof shall compare data concerning abortions or

abortion complications maintained in an electronic or other

information system file with data in any other electronic or other

information system with the intention of identifying, in any manner

or under any circumstances, a woman obtaining or seeking to obtain a

drug-induced abortion.

J. Statistical information that may reveal the identity of a

woman obtaining or seeking to obtain a drug-induced abortion shall

not be publicly disclosed by the Department, any other state

department, agency, office or any employee or contractor thereof.

K. Copies of all reports filed under this section shall be

available to the Department and the State Board of Medical Licensure

and Supervision for use in the performance of its official duties.

L. The Department shall communicate the reporting requirements

in this section to all medical professional organizations, licensed

physicians, hospitals, emergency rooms, abortion facilities,

clinics, ambulatory surgical facilities and other healthcare

facilities operating in this state.

M. Any physician including emergency medical personnel, who

treats a woman for complications or adverse event arising from an

abortion, shall file a written report as required by this section of

this act with the Department.

N. A physician filing a written report with the Department

after treating a woman for complications or otherwise in an

emergency capacity shall make reasonable efforts to include all of

the required information that may be obtained without violating the

privacy of the woman.
Okla. Stat. tit. 63, § 63-2805 — OK Code / Title 63 / Section 63-2805
Preparation and implementation of system
Status: in_force

In order to insure that proper preparation and implementation of

such systems can be accomplished as provided in Section 2803 of this

title, the Oklahoma 9-1-1 Management Authority may develop an

overall plan prior to development of any system and shall coordinate

the implementation of systems to be established pursuant to the

provisions of Section 2803 of this title. Any such plan shall

contain an estimate of the costs of installing alternate 911 systems

and an estimate of the first year's additional operating expenses,

if any. The Authority may formulate a plan by which it and the

public agencies and public safety agencies involved may share

proportionately the costs of any system and method from their

current funds. The Authority may aid such agencies in the

formulation of concepts, methods and procedures which will improve

the operation of systems and which will increase cooperation between

public safety agencies. The Authority may consult at regular

intervals with the State Fire Marshal, the Oklahoma State Bureau of

Investigation, the State Department of Health, the Department of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1423

Emergency Management and the public utilities in this state

providing telephone service.
Okla. Stat. tit. 63, § 63-1-1301.18 — OK Code / Title 63 / Section 63-1-1301.18
Renumbered as § 7-418 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1-740.6 — OK Code / Title 63 / Section 63-1-740.6
Enjoinder, suspension, or delay of act
Status: in_force

If any court of law enjoins, suspends, or delays the

implementation of the provisions of this act, the provisions of

Sections 1-730, 1-738.1, 1-738.7, 1-740.1, 1-740.2 and 1-740.3 of

Title 63 of the Oklahoma Statutes, as of December 31, 2006, are

effective during the injunction, suspension, or delayed

implementation.
Okla. Stat. tit. 63, § 63-684.13 — OK Code / Title 63 / Section 63-684.13
Validity
Status: in_force

ARTICLE XII

Validity

Nothing in this compact shall authorize or permit the use of

military force by the National Guard of a state at any place outside

that state in any emergency for which the President is authorized by

law to call into federal service the militia, or for any purpose for

which the use of the Army or the United States Air Force would in

the absence of express statutory authorization be prohibited under

Section 1385 of Title 18 of the United States Code.

Nothing in this compact shall limit or prohibit the Governor's

authority to send troops out of state as specified in Section 229 of

Title 44 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-6801 — OK Code / Title 63 / Section 63-6801
Enforcement of provisions of act – Rules – Fines and
Status: in_force

penalties – Orders and other remedies.

The public health authority and other affected agencies are

authorized to promulgate and implement rules as are reasonable and

necessary to implement and effectuate the provisions of the

Catastrophic Health Emergency Powers Act. The public health

Oklahoma Statutes - Title 63. Public Health and Safety Page 1776

authority and other affected agencies shall have the power to

enforce the provisions of the Catastrophic Health Emergency Powers

Act through the imposition of fines and penalties, the issuance of

orders, and any other remedies as are provided by law, but nothing

in this section shall be construed to limit specific enforcement

powers enumerated in the Catastrophic Health Emergency Powers Act.
Okla. Stat. tit. 63, § 63-2564 — OK Code / Title 63 / Section 63-2564
Proposing new utilization management measures – Post for
Status: in_force

public comment.

Any agency proposing new utilization management measures shall

post for public comment both the proposed measure and the rationale

behind the proposed measure, including the availability of

alternatives, analysis of potential impact on atypical patient

populations and subgroups, estimate of the population likely to be

impacted by the measure and a description of both internal and

third-party value assessments utilized in internal deliberations on

the measure.
Okla. Stat. tit. 63, § 63-3141.3 — OK Code / Title 63 / Section 63-3141.3
Violations
Status: in_force

A person violates the Assisted Suicide Prevention Act when the

person, with the purpose of assisting another person to commit or to

attempt to commit suicide, knowingly either:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1509

1. Provides the physical means by which another person commits

or attempts to commit suicide; or

2. Participates in a physical act by which another person

commits or attempts to commit suicide.
Okla. Stat. tit. 63, § 63-1-2217 — OK Code / Title 63 / Section 63-1-2217
Oklahoma Long-term Care Services and Supports Advisory
Status: in_force

Committee.

A. There is hereby created the Oklahoma Long-term Care Services

and Supports Advisory Committee. The purpose of the Committee shall

be to develop a long-range plan for long-term care service and

supports, the financial impact of these services, and stable,

sustainable funding to support projected growth of these services in

the state in the future. The Committee shall consist of the

following members:

1. Two members representing for-profit nursing homes, one

member to be appointed by the Speaker of the House of

Representatives and one member to be appointed by the President Pro

Tempore of the Senate;

2. Two members representing not-for-profit nursing homes, one

member to be appointed by the Speaker of the House of

Representatives and one member to be appointed by the President Pro

Tempore of the Senate;

3. Four members representing each sector of home- and

community-based services as follows:

a. the members representing The Program of All-Inclusive

Care for the Elderly (PACE) and home care to be

appointed by the Speaker of the House of

Representatives, and

b. the members representing ADvantage waiver and adult

day care to be appointed by the President Pro Tempore

of the Senate;

4. Two members representing the State Council on Aging, one

member to be appointed by the Speaker of the House of

Representatives and one member to be appointed by the President Pro

Tempore of the Senate;

5. One member representing a volunteer from the Office of the

State Ombudsman, to be appointed by the Governor; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 813

6. Two members representing the general public who shall have

no financial interest in long-term care nor any personal

relationship with any long-term care provider, to be appointed by

the Governor.

B. No state employee shall be eligible for membership on the

Committee.

C. Members of the Committee shall serve at the pleasure of the

appointing authority. Vacancies in a position shall be filled in

the same manner as the original appointment. The members of the

Committee shall elect a Chairperson at its initial meeting.

D. The Committee shall hold its first meeting no later than

November 1, 2018, shall meet monthly, and shall publish a report of

its final plan no later than November 1, 2019, the date on which

members' terms shall end.

E. The Committee may use the expertise and services of the

staff of the Oklahoma Health Care Authority.

F. Proceedings of all meetings of the Committee shall comply

with the provisions of the Oklahoma Open Meeting Act.
Okla. Stat. tit. 63, § 63-1-242 — OK Code / Title 63 / Section 63-1-242
Short title - Maternal Mortality Review Act
Status: in_force

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

Mortality Review Act", which shall have as its purpose the

coordination, development and enhancement of a system of maternal

health services in the state in order to decrease maternal

mortality.
Okla. Stat. tit. 63, § 63-2-408 — OK Code / Title 63 / Section 63-2-408
Offering, soliciting, attempting, endeavoring or
Status: in_force

conspiring to commit offense - Penalties.

Any person who offers, solicits, attempts, endeavors, or

conspires to commit any offense defined in the Uniform Controlled

Dangerous Substances Act, Section 2-101 et seq. of this title shall

be subject to the penalty prescribed for the offense, the commission

of which was the object of the offer, solicitation, attempt,

endeavor or conspiracy.
Okla. Stat. tit. 63, § 63-1-737.4 — OK Code / Title 63 / Section 63-1-737.4
Required signage in abortion facilities
Status: in_force

A. Any private office, freestanding outpatient clinic, or other

facility or clinic in which abortions, other than abortions

necessary to prevent the death of the pregnant female, are

performed, induced, prescribed for, or where the means for an

abortion are provided shall conspicuously post a sign in a location

defined in subsection C of this section so as to be clearly visible

to patients, which reads:

Notice: It is against the law for anyone, regardless of his or

her relationship to you, to force you to have an abortion. By

law, we cannot perform, induce, prescribe for, or provide you

with the means for an abortion unless we have your freely given

and voluntary consent. It is against the law to perform,

induce, prescribe for, or provide you with the means for an

abortion against your will. You have the right to contact any

local or state law enforcement agency to receive protection from

any actual or threatened physical abuse or violence.

There are public and private agencies willing and able to help

you carry your child to term, have a healthy pregnancy and a

healthy baby and assist you and your child after your child is

born, whether you choose to keep your child or place him or her

for adoption. The State of Oklahoma strongly encourages you to

contact them if you are pregnant.

B. The sign required pursuant to subsection A of this section

shall be printed with lettering that is legible and shall be at

least three-quarters-of-an-inch boldfaced type.

C. A facility in which abortions are performed, induced,

prescribed for, or where the means for an abortion are provided that

is a private office or a freestanding outpatient clinic shall post

Oklahoma Statutes - Title 63. Public Health and Safety Page 315

the required sign in each patient waiting room and patient

consultation room used by patients on whom abortions are performed,

induced, prescribed for, or who are provided with the means for an

abortion. A hospital or any other facility in which abortions are

performed, induced, prescribed for, or where the means for an

abortion are provided that is not a private office or freestanding

outpatient clinic shall post the required sign in each patient

admission area used by patients on whom abortions are performed,

induced, prescribed for, or by patients who are provided with the

means for an abortion.
Okla. Stat. tit. 63, § 63-686.11 — OK Code / Title 63 / Section 63-686.11
Calling of session - Limitations suspended
Status: in_force

In the event of an emergency or disaster, the Governor shall

call the Legislature into session as soon as practicable, and in any

case within thirty (30) days following the inception of the

emergency or disaster. Each legislator and each emergency interim

successor, unless the Governor is certain that the legislator to

whose powers and duties the legislator is designated to succeed or

any emergency interim successor higher in order of succession will

not be unavailable, shall proceed to the place of session as

expeditiously as practicable. At such session or at any session in

operation at the inception of the emergency or disaster, and at any

subsequent session, limitations on the length of session and on the

subjects which may be acted upon shall be suspended.
Okla. Stat. tit. 63, § 63-3240.5 — OK Code / Title 63 / Section 63-3240.5
Composition of agency – Terms – Reimbursement - Quorum
Status: in_force

A. There is hereby created the Community Hospitals Authority,

an agency of the State of Oklahoma, a body corporate and politic,

with powers of government and with the authority to exercise the

rights, privileges and functions as specified in the Community

Hospitals Authority Act.

B. The Authority shall be composed as follows:

1. The presidents of Oklahoma State University and the

University of Oklahoma or their designees;

2. One member appointed by the Governor who shall be a citizen

and resident of a metropolitan area meeting the criteria provided in

paragraph 4 of Section 3240.2 of this title who has no direct

affiliation with a participating health care system or a university

listed in paragraph 1 of this subsection;

3. One member appointed by the Speaker of the House of

Representatives;

4. One member appointed by the President Pro Tempore of the

State Senate;

5. The Director of the Oklahoma Health Care Authority; and

6. One representative from each of the three participating

health care systems, as defined in Section 3240.2 of this title, who

shall each serve terms of three (3) years and may be reappointed;

7. One representative from the Oklahoma Department of Commerce

designated as the Community Action Agency for the largest county in

terms of population included within the geographic boundaries of the

Community Hospitals Authority;

8. One representative from the chamber of commerce, or any

other organization of business entities, from the largest

metropolitan area in terms of population included within the

geographic boundaries of the Community Hospitals Authority;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1541

9. One representative appointed by the existing members of the

Authority from a city-county health department; and

10. One representative appointed by the existing members of the

Authority from a charitable or philanthropic foundation with assets

in excess of Five Hundred Million Dollars ($500,000,000.00) that has

demonstrated a commitment to supporting the missions of the

Community Hospitals Authority.

C. The members appointed by the Governor, the Speaker of the

House of Representatives and the President Pro Tempore of the State

Senate shall serve terms of three (3) years and may be reappointed.

Successors 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 registered voter.

E. The members of the Authority shall serve without

compensation but may be reimbursed for all actual and necessary

travel expenses incurred in the performance of their duties in

accordance with the provisions of the State Travel Reimbursement

Act.

F. A quorum of the Authority shall be a majority of the voting

members. The members of the Authority shall annually elect a chair

from among its membership.
Okla. Stat. tit. 63, § 63-2-304 — OK Code / Title 63 / Section 63-2-304
Denial, revocation, annulment, or suspension of
Status: in_force

registration.

A. A registration, pursuant to Section 2-303 of this title, to

manufacture, distribute, dispense, prescribe, administer or use for

scientific purposes a controlled dangerous substance shall be

limited, conditioned, denied, suspended, annulled, or revoked by the

Director of the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control upon a finding that the registrant or applicant:

1. Has materially falsified any application filed pursuant to

the Uniform Controlled Dangerous Substances Act or required by the

Uniform Controlled Dangerous Substances Act. It shall be unlawful

to knowingly or intentionally:

a. make false statements, include false data or omit

material information on an application for a

registration with the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control, or

b. provide false data or omit material information in any

records or reports required by rule or law to be

created, maintained or submitted to the Bureau;

2. Has been found guilty of, entered a plea of guilty or

entered a plea of nolo contendere to a misdemeanor relating to any

substance defined herein as a controlled dangerous substance or any

felony under the laws of any state or the United States;

3. Has had his or her federal registration retired, suspended

or revoked by a competent federal authority and is no longer

authorized by federal law to manufacture, distribute, dispense,

prescribe, administer or use for scientific purposes controlled

dangerous substances;

4. Has failed to maintain effective controls against the

diversion of controlled dangerous substances to unauthorized persons

or entities;

5. Has prescribed, dispensed or administered a controlled

dangerous substance from schedules other than those specified in his

or her state or federal registration;

6. Has had a restriction, suspension, revocation, limitation,

condition or probation placed on his or her professional license or

certificate or practice as a result of a proceeding pursuant to the

general statutes;

7. Is abusing or, within the past five (5) years, has abused or

excessively used drugs or controlled dangerous substances;

8. Has prescribed, sold, administered or ordered any controlled

dangerous substance for an immediate family member, himself or

herself; provided that this shall not apply to a medical emergency

when no other doctor is available to respond to the emergency;

9. Has possessed, used, prescribed, dispensed or administered

drugs or controlled dangerous substances for other than legitimate

Oklahoma Statutes - Title 63. Public Health and Safety Page 940

medical or scientific purposes or for purposes outside the normal

course of his or her professional practice;

10. Has been under the influence of alcohol or another

intoxicating substance which adversely affected the central nervous

system, vision, hearing or other sensory or motor functioning to

such degree the person was impaired during the performance of his or

her job; or

11. Has violated any federal law relating to any controlled

dangerous substances, any provision of the Uniform Controlled

Dangerous Substances Act or any rules of the Oklahoma State Bureau

of Narcotics and Dangerous Drugs Control.

B. In the event the Director suspends or revokes a registration

granted under Section 2-303 of this title, all controlled dangerous

substances owned or possessed by the registrant pursuant to such

registration at the time of revocation or suspension or the

effective date of the revocation order, as the case may be, may in

the discretion of the Director be impounded and preserved. All

controlled dangerous substances not impounded or preserved by the

Director shall be maintained by the registrant. Upon issuance of a

revocation order, no disposition, purchase, distribution, sale, or

transfer may be made of controlled dangerous substances until the

time for taking an appeal has elapsed or until all appeals have been

concluded unless a court, upon application therefor, orders the sale

of perishable substances and the deposit of the proceeds of the sale

with the court to be distributed to the prevailing party. Upon a

revocation order becoming final, all such controlled dangerous

substances shall be forfeited to the state or otherwise submitted

for destruction in accordance with applicable law and by order of

the Director.

C. The Drug Enforcement Administration shall promptly be

notified of all orders suspending or revoking registration and all

forfeitures of controlled dangerous substances.
Okla. Stat. tit. 63, § 63-3101.16 — OK Code / Title 63 / Section 63-3101.16
Treatment decisions to be based on known intentions, personal views and best
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 50

A. The State Department of Health shall establish and maintain an advance directives registry which

shall be accessible through a website maintained by the Department. The registry shall be used to

store advance directives pursuant to the Oklahoma Advance Directive Act that are filed with the

A. The State Department of Health shall maintain a website of advance directive forms that may bepersonal views and best interests of declarant.

An individual making life-sustaining treatment decisions

pursuant to the provisions of the Oklahoma Advance Directive Act for

a declarant shall make such decisions based on the known intentions,

personal views and best interests of the declarant. If evidence of

the declarant's wishes is sufficient, those wishes shall control.

If there is not sufficient evidence of the wishes of the declarant,

the decisions shall be based on the reasonable judgment of the

individual so deciding about the values of the declarant and what

the wishes of the declarant would be based upon those values.
Okla. Stat. tit. 63, § 63-1-860.1 — OK Code / Title 63 / Section 63-1-860.1
Short title
Status: in_force

Sections 1 through 16 of this act shall be known and may be

cited as the "Oklahoma Hospice Licensing Act".
Okla. Stat. tit. 63, § 63-3090.4 — OK Code / Title 63 / Section 63-3090.4
Injunctive relief
Status: in_force

A cause of action for injunctive relief may be maintained

against any health care provider who is reasonably believed to be

about to violate, who is in the course of violating, or who has

violated the Nondiscrimination in Treatment Act by an affected

patient or a person legally authorized to make health care decisions

Oklahoma Statutes - Title 63. Public Health and Safety Page 1455

for the patient. However, a violation of the act does not

constitute negligence per se for purposes of a civil action for

damages.
Okla. Stat. tit. 63, § 63-1-504 — OK Code / Title 63 / Section 63-1-504
Quarantine - Violation of quarantine unlawful -
Status: in_force

Injunctive relief.

A. Whenever a local health officer determines or suspects that

a person has been exposed to and may be incubating a communicable

disease of public health concern, the local health officer may

impose a quarantine upon such person and require such person to

remain out of public contact and in the place or premises where such

person usually stays. Notice thereof shall be given in accordance

with the rules and regulations of the State Board of Health. It

shall be unlawful for such person, or any other person, to violate

the terms or conditions of the quarantine.

B. Whenever a local health officer determines or suspects that

a person has a communicable disease of public health concern, the

local health officer may impose isolation upon such person and

require such person to remain out of public contact and in an

adequate treatment facility or in the place or premises where such

person usually stays. Notice thereof shall be given in accordance

with the rules and regulations of the State Board of Health. It

shall be unlawful for such person, or any other person, to violate

the terms or conditions of the isolation.

C. District courts shall be authorized to grant injunctive

relief, including temporary injunctions and temporary restraining

orders, to compel compliance with a quarantine or isolation order

issued by a local health officer pursuant to this section.
Okla. Stat. tit. 63, § 63-4210.6 — OK Code / Title 63 / Section 63-4210.6
Sitting and standing in vessel while under way
Status: in_force

No person shall sit or ride on the sides of any vessel or the

back of any seat of a vessel while under way at any speed greater

than idle or trolling speed; provided, however, the operator of such

vessel may stand if said vessel is specifically designed to be

operated from a standing position. No person shall sit or ride on

the covered bow of any vessel while under way at any speed greater

than idle or trolling speed unless such vessel is designed as such

to allow access to the covered bow by way of side walkways or

factory-equipped walk-through areas which are surrounded by life

rails, deck rails, bow rails, or other such enclosure extending at

least twenty-four (24) inches above the deck; provided, that no

person riding in or operating a vessel shall extend any appendage

over the edge of the vessel either above or below the rail if such

vessel is at any speed greater than idle or trolling speed. No

person shall stand on the covered bow of any vessel while under way

at a speed greater than idle or trolling speed.
Okla. Stat. tit. 63, § 63-1-1955.3 — OK Code / Title 63 / Section 63-1-1955.3
Oklahoma Long-Term Care Partnership Program -
Status: in_force

Purposes - Exhaustion of benefits - Asset disregard.

A. Upon repeal of the restrictions to asset protection

contained in the Omnibus Budget Reconciliation Act of 1993, Public

Law 103-66, 107 Stat. 312, there shall be established the Oklahoma

Long-Term Care Partnership Program, to be administered by the

Oklahoma Health Care Authority, with the assistance of the Insurance

Department, to do the following:

1. Provide incentives for individuals to insure against the

costs of providing for their long-term care needs;

2. Provide a mechanism for individuals to qualify for coverage

of the cost of their long-term care needs under the state Medicaid

program without first being required to substantially exhaust their

resources;

Oklahoma Statutes - Title 63. Public Health and Safety Page 775

3. Provide counseling services to individuals in planning for

their long-term care needs; and

4. Alleviate the financial burden on the state’s Medicaid

program by encouraging the pursuit of private initiatives.

B. Upon exhaustion of benefits under a Long-Term Care

Partnership Program policy, certain resources of an individual, as

described in subsection C of this section, shall not be considered

by the Authority when determining any of the following:

1. Medicaid eligibility;

2. The amount of any Medicaid payment; and

3. Any subsequent recovery by the state of a payment for

medical services.

C. The Oklahoma Health Care Authority shall amend the state

Medicaid program to allow for asset disregard. The Authority shall

provide for asset disregard by counting insurance benefits paid

under a policy toward asset disregard to the extent the payments are

for covered services under the Oklahoma Long-Term Care Partnership

Program for purchasers of an Oklahoma Long-Term Care Partnership

Program approved policy.
Okla. Stat. tit. 63, § 63-1-2213.1 — OK Code / Title 63 / Section 63-1-2213.1
Office of the State Long-Term Care Ombudsman —
Status: in_force

Transfer to Office of Attorney General.

A. Upon the effective date of this act, the Office of the State

Long-Term Care Ombudsman within the Department of Human Services

shall transfer to the Office of the Attorney General. The Office of

the State Long-Term Care Ombudsman shall continue to exercise its

statutory powers and duties.

B. All equipment, supplies, records, matters pending, assets,

future liabilities, fund balances, encumbrances, obligations,

indebtedness, and legal and contractual rights and responsibilities

of the Office of the State Long-Term Care Ombudsman shall be

transferred to the Office of the Attorney General.

C. Any monies accruing to or in the name of the Office of the

State Long-Term Care Ombudsman on and after the effective date of

this act, or any monies that accrue in any funds or accounts or are

maintained for the benefit of the Office on and after the effective

date of this act, shall be transferred to the Office of the Attorney

General.

D. The Department of Human Services and the Office of the

Attorney General may enter into an agreement for the transfer of

personnel. No employee shall be transferred to the Office of the

Attorney General except on the freely given written consent of the

employee. Any employee who is transferred shall not be required to

accept a lesser grade or salary than presently received. All

employees shall retain leave, sick, and annual time earned, and any

retirement and longevity benefits which have accrued during their

tenure with the Department of Human Services. The transfer of

personnel between the state agencies shall be coordinated with the

Office of Management and Enterprise Services.

E. The Director of the Office of Management and Enterprise

Services shall coordinate the transfer of funds, allotments,

purchase orders, and outstanding financial obligations or

encumbrances as provided for in this section.

F. Upon the effective date of this act, all administrative

rules promulgated by the Director of Human Services for the Office

Oklahoma Statutes - Title 63. Public Health and Safety Page 810

of the State Long-Term Care Ombudsman shall be transferred to and

become a part of the administrative rules of the Office of the

Attorney General. The Office of Administrative Rules in the Office

of the Secretary of State shall provide adequate notice in “The

Oklahoma Register” of the transfer of such rules and shall place the

transferred rules under the Oklahoma Administrative Code title of

the Office of the Attorney General. Such rules shall continue in

force and effect as rules of the Office of the Attorney General from

and after the effective date of this act, and any amendment, repeal,

or addition to the transferred rules shall be under the jurisdiction

of the Attorney General.
Okla. Stat. tit. 63, § 63-6102 — OK Code / Title 63 / Section 63-6102
Legislative findings
Status: in_force

The Oklahoma Legislature finds that:

1. The government must do more to protect the health, safety,

and general well-being of its citizens during a catastrophic health

emergency;

2. New and emerging dangers, including emergent and resurgent

infectious diseases and incidents of civilian mass casualties, pose

serious and immediate threats during a catastrophic health

emergency;

3. A renewed focus on the prevention, detection, management,

and containment of catastrophic health emergencies is needed;

4. Catastrophic health emergency threats, including those

caused by nuclear, biological or chemical events, may require the

exercise of extraordinary government powers and functions;

5. This state must have the ability to respond, rapidly and

effectively, to potential or actual catastrophic health emergencies;

6. The exercise of catastrophic health emergency powers must

promote the common good;

7. Catastrophic emergency health powers must be grounded in a

thorough scientific understanding of public health threats and

disease transmission;

8. Guided by principles of justice and antidiscrimination, it

is the duty of this state to act with fairness and tolerance towards

individuals and groups during catastrophic health emergencies;

9. The rights of people to liberty, bodily integrity, and

privacy must be respected to the fullest extent possible consistent

with maintaining and preserving the health and security of the

public during a catastrophic health emergency;

10. This act is necessary to protect the health and safety of

the citizens of this state during a catastrophic health emergency;

and

11. The provisions of Sections 9 through 25 of this act shall

only be activated upon the occurrence of a catastrophic health

emergency.
Okla. Stat. tit. 63, § 63-941a — OK Code / Title 63 / Section 63-941a
Custody of the body
Status: in_force

Upon completion of an investigation by the Office of the

Chief Medical Examiner, the body of the deceased shall be

released to the person legally entitled to the custody

thereof, or his or her representative, unless:

1. A release is signed by the person legally entitled to the

custody of the body; or

2. The attending physician has notified the Chief Medical

Examiner of the State of Oklahoma, or his or her designee, of the

need for further investigation into the cause of death, or has

notified the appropriate district attorney of such need; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1288

3. The laws of this state or the regulations of the Board of

Medicolegal Investigations require additional information or

examination that cannot be obtained or completed within the above

period of time.
Okla. Stat. tit. 63, § 63-1-1301.13 — OK Code / Title 63 / Section 63-1-1301.13
Renumbered as § 7-413 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1095 — OK Code / Title 63 / Section 63-1095
Costs to units of local government
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1333

If a unit of local government acquires real property, and

federal-state financial assistance is available to pay the cost, in

whole or in part, of the acquisition of such real property, or of

the improvement for which such property is acquired, the cost to the

unit of local government of providing the payments and services

prescribed by this act shall be included as part of the costs of the

project for which state financial assistance is available to such

unit of local government, and shall be eligible for state financial

assistance in the same manner and to the same extent as other

project costs.
Okla. Stat. tit. 63, § 63-1-818.17 — OK Code / Title 63 / Section 63-1-818.17
Renumbered as § 1430.17 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-2869.7 — OK Code / Title 63 / Section 63-2869.7
Use of nine-one-one number for nonemergency purposes
Status: in_force

Any person who owns a telephone or who is charged line or rent

charges from the telephone utility, who uses the nine-one-one number

for nonemergency calls or who allows minor children to use the nine-

one-one number for nonemergency purposes shall be notified by

certified mail, restricted delivery, after the third such

infraction.
Okla. Stat. tit. 63, § 63-3240.2 — OK Code / Title 63 / Section 63-3240.2
Definitions
Status: in_force

As used in the Community Hospitals Authority Act:

1. “Authority” means the Community Hospitals Authority;

2. “Health care system” means a system providing inpatient and

outpatient services that is not limited to a specific facility or

modality of care;

3. “Medically indigent” means a person requiring medically

necessary hospital or other health care services for the person or

the dependents of the person, who has insufficient or no public or

private third-party coverage and whose personal resources are

insufficient to provide for needed medical care; and

4. “Participating health care system” means a health care

system that has within it a major community hospital that expends at

least Five Million Dollars ($5,000,000.00) annually providing care

for medically indigent persons from a multicounty service area and

that is located in a municipality having a population of three

hundred seventy-five thousand (375,000) or more which does not have

a health care system statutorily charged with indigent care and

medical teaching or training responsibilities on the effective date

of the Community Hospitals Authority Act.
Okla. Stat. tit. 63, § 63-1-1914 — OK Code / Title 63 / Section 63-1-1914
Plan of correction of violations to be submitted -
Status: in_force

Report of correction - Petition for time extension - Contest of

department action.

A. A facility shall have ten (10) working days after receipt of

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

correction. The plan of correction shall include a fixed time

period, not to exceed sixty (60) days within which the violations

are to be corrected. The Department may extend this period where

correction involves substantial structural improvement. If the

Department rejects a plan of correction, it shall send notice of the

rejection and the reason for the rejection to the facility. The

facility shall have ten (10) working days after receipt of the

notice of rejection in which to submit a modified plan. If the

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

rejected, the Department shall impose a plan of correction which the

facility shall follow.

B. If the violation has been corrected prior to submission and

approval of a plan of correction, the facility may submit a report

of correction in place of a plan of correction.

C. Upon a licensee's written request, the Department shall

determine whether to grant a licensee's request for an extended

correction time. Such request shall be served on the Department

prior to expiration of the correction time originally approved. The

burden of proof shall be on the licensee to show good cause for not

being able to comply with the original correction time approved.

D. If a facility desires to contest any Department action under

this section, it shall send a written request for an informal

dispute resolution, hearing or both to the Department within ten

(10) working days of receipt of notice of the contested action and

the Department shall commence the informal dispute resolution or

hearing.
Okla. Stat. tit. 63, § 63-7330 — OK Code / Title 63 / Section 63-7330
Process to request exception to treatment step therapy
Status: in_force

protocol — Circumstances requiring an exception.

A. "Health benefit plan" means a plan as defined pursuant to

Section 6060.4 of Title 36 of the Oklahoma Statutes, that provides

coverage for invasive or noninvasive mechanical ventilation to treat

chronic respiratory failure consequent to chronic obstructive

pulmonary disease (CRF-COPD), requiring a step therapy protocol.

B. "Treatment step therapy protocol" means a treatment

utilization management protocol or program under which a group

health plan or health insurance issuer offering group health

insurance coverage of respiratory care treatments requires a

participant or beneficiary to try an alternative, plan-preferred

treatment and fail on this treatment before the plan or health

insurance issuer approves coverage for the non-preferred therapy

prescribed by the beneficiary's medical provider.

C. A health benefit plan shall:

1. Implement a clear and transparent process for a participant

or beneficiary, or the prescribing health care provider on behalf of

the participant or beneficiary, with CRF-COPD to request an

exception to such a step therapy protocol, pursuant to subsection B

of this section; and

2. Where the participant or beneficiary or prescribing health

care provider's request for an exception to the treatment step

therapy protocols satisfies the criteria and requirements of

subsection D of this section, cover the requested treatment in

Oklahoma Statutes - Title 63. Public Health and Safety Page 1793

accordance with the terms established by the health plan or coverage

for patient cost-sharing rates or amounts at the time of the

participant's or beneficiary's enrollment in the health plan or

health insurance coverage.

D. The circumstances requiring an exception to a treatment step

therapy protocol, pursuant to a request under subsection C of this

section, are any of the following:

1. Any treatments otherwise required under the protocol have

not been shown to be as effective as other available options in the

treatment of the disease or condition or the participant or

beneficiary, when prescribed consistent with clinical indications,

clinical guidelines, or other peer-reviewed evidence;

2. Delay of proven effective treatment would lead to severe or

irreversible consequences, and the treatment initially required

under the protocol is reasonably expected to be less effective

based upon the documented physical or mental characteristics of the

participant or beneficiary and the known characteristics of such

treatment;

3. Any treatments otherwise required under the protocol are

contraindicated for the participant or beneficiary or have caused,

or are likely to cause, based on clinical, peer-reviewed evidence,

an adverse reaction or other physical harm to the participant or

beneficiary;

4. Any treatment otherwise required under the protocol has

prevented, will prevent, or is likely to prevent a participant or

beneficiary from achieving or maintaining reasonable and safe

functional ability in performing occupational responsibilities or

activities of daily living; or

5. The patient's disease state is classified as life

threatening.

E. The process required by subsection C of this section shall:

1. Provide the prescribing health care provider or beneficiary

or designated third-party advocate an opportunity to present such

provider's clinical rationale and relevant medical information for

the group health plan or health insurance issuer to evaluate such

request for exception;

2. Clearly set forth all required information and the specific

criteria that will be used to determine whether an exception is

warranted, which may require disclosure of the medical history or

other health records of the participant or beneficiary demonstrating

that the participant or beneficiary seeking an exception:

a. has tried other qualifying treatments without success,

or

b. has received the requested treatment for a clinically

appropriate amount of time to establish stability, in

relation to the condition being treated and guidelines

given by the prescribing physician.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1794

Other clinical information that may be relevant to conducting

the exception review may require disclosure.

3. Not require the submission of any information or supporting

documentation beyond what is strictly necessary to determine whether

any of the circumstances listed in subsection B of this section

exist.

F. The health benefit plan shall make information regarding the

process required under subsection C of this section readily

available on the Internet website of the group health plan or health

insurance issuer. Such information shall include:

1. The requirements for requesting an exception to a treatment

step therapy protocol pursuant to this section; and

2. Any forms, supporting information, and contact information,

as appropriate.

G. The process required under paragraph 1 of subsection C of

this section shall provide for the disposition of requests received

under such paragraph in accordance with the following:

1. Subject to paragraph 2 of this subsection, not later than

seventy-two (72) hours after receiving an initial exception request,

the plan or issuer shall respond to the requesting prescriber with

either a determination of exception eligibility or a request for

additional required information, strictly necessary to make a

determination of whether the conditions specified in subsection D of

this section are met. The plan or issuer shall respond to the

requesting provider with a determination of exception eligibility no

later than seventy-two (72) hours after receipt of the additional

required information; or

2. In the case of a request under circumstances in which the

applicable equipment step therapy protocol may seriously jeopardize

the life or health of the participant or beneficiary, the plan or

issuer shall conduct a review of the request and respond to the

requesting prescriber with either a determination or exception

eligibility or a request for additional required information

strictly necessary to make a determination of whether the conditions

specified in subsection D of this section are met, in accordance

with the following:

a. if the plan or issuer can make a determination of

exception eligibility without additional information,

such determination shall be made on an expedited basis

and no later than one (1) business day after receipt

of such request, or

b. if the plan or issuer requires additional information

before making a determination of exception

eligibility, the plan or issuer shall respond to the

requesting provider with a request for such

information within one (1) business day of the request

for a determination, and shall respond with a

Oklahoma Statutes - Title 63. Public Health and Safety Page 1795

determination of exception eligibility as quickly as

the condition or disease requires and no later than

one (1) business day after receipt of the additional

required information.

H. This act shall apply with respect to any licensed provider

in the State of Oklahoma that provides coverage of a treatment

pursuant to a policy that meets the definition of treatment step

therapy protocol in subsection B of this section, regardless of

whether such policy is described by such group health plan or health

insurance coverage as a step therapy protocol.
Okla. Stat. tit. 63, § 63-1-580.1 — OK Code / Title 63 / Section 63-1-580.1
Creation of program — Purpose — Annual report
Status: in_force

There is hereby created the Barbara Weber Amyotrophic Lateral

Sclerosis (ALS) Grant Program which shall be administered by the

State Department of Health. The program shall grant funds to

support research for Amyotrophic Lateral Sclerosis (ALS) and for

programs that help support Oklahoma residents afflicted with ALS or

Oklahoma residents caring for a family member afflicted with ALS.

Beginning July 1, 2026, the State Department of Health shall provide

an annual report to the Governor, the Speaker of the Oklahoma House

of Representatives, the President Pro Tempore of the Oklahoma State

Senate, Appropriations and Budget Chair of the Oklahoma House of

Representatives, and the Appropriations Chair of the Oklahoma State

Senate that includes, but is not limited to, how many grants have

been awarded during the previous fiscal year, which entities the

grants have been awarded to, and for what purposes the funds are

supporting.
Okla. Stat. tit. 63, § 63-1-106v2 — OK Code / Title 63 / Section 63-1-106v2
State Commissioner of Health - Qualifications - Powers
Status: in_force

and duties.

A. The State Commissioner of Health shall serve at the pleasure

of the Governor, and shall have skill and experience in public

health duties and sanitary sciences and shall meet at least one of

the following qualifications:

1. Possession of a Doctor of Medicine Degree and a license to

practice medicine in this state;

2. Possession of an Osteopathic Medicine Degree and a license

to practice medicine in this state;

3. Possession of a Doctoral degree in Public Health or Public

Health Administration; or

4. Possession of a Master of Science Degree and a minimum of

five (5) years of supervisory experience in the administration of

health services.

B. The Commissioner shall be exempt from all qualifications

enumerated in subsection A of this section if the Commissioner

possesses at least a master's degree and has experience in

management of state agencies or large projects.

C. The Commissioner shall have the following powers and duties,

unless otherwise directed by the Governor:

1. Have general supervision of the health of the citizens of

the state; make investigations, inquiries and studies concerning the

causes of disease and injury, and especially of epidemics, and the

causes of mortality, and the effects of localities, employment,

conditions and circumstances on the public health; investigate

conditions as to health, sanitation and safety of schools, prisons,

public institutions, mines, public conveyances, camps, places of

group abode, and all buildings and places of public resort, and

recommend, prescribe and enforce such measures of health, sanitation

and safety for them as the Commissioner deems advisable; take such

Oklahoma Statutes - Title 63. Public Health and Safety Page 81

measures as deemed necessary by the Commissioner to control or

suppress, or to prevent the occurrence or spread of, any

communicable, contagious or infectious disease, and provide for the

segregation and isolation of persons having or suspected of having

any such disease; designate places of quarantine or isolation;

advise state and local governments on matters pertaining to health,

sanitation and safety; and abate any nuisance affecting injuriously

the health of the public or any community. Any health information

or data acquired by the Commissioner from any public agency, which

information or data is otherwise confidential by state or federal

law, shall remain confidential notwithstanding the acquisition of

this information by the Commissioner.

2. Be the executive officer and supervise the activities of the

State Department of Health, and act for the Department in all

matters except as may be otherwise provided in this Code; administer

oaths at any hearing or investigation conducted pursuant to this

Code; and enforce rules and standards adopted by the Commissioner.

All rules adopted by the Commissioner are subject to the terms and

conditions of the Administrative Procedures Act.

3. Appoint an Assistant State Commissioner of Health and fix

the qualifications, duties and compensation of the Assistant State

Commissioner of Health; and employ, appoint and contract with, and

fix the qualifications, duties and compensation of, such other

assistants, doctors, engineers, attorneys, sanitarians, nurses,

laboratory personnel, administrative, clerical and technical help,

investigators, aides and other personnel and help, either on a full-

time, part-time, fee or contractual basis, as shall be deemed by the

Commissioner necessary, expedient, convenient or appropriate to the

performance or carrying out of any of the purposes, objectives or

provisions of this Code, or to assist the Commissioner in the

performance of official duties and functions.

4. Cause investigations, inquiries and inspections to be made,

and hold hearings and issue orders pursuant to the provisions of the

Administrative Procedures Act, to enforce and make effective the

provisions of this Code, and all rules and standards adopted by the

Commissioner pursuant to law and the Commissioner or the

representative of the Commissioner shall have the right of access to

any premises for such purpose at any reasonable time, upon

presentation of identification.

5. Authorize persons in the State Department of Health to

conduct investigations, inquiries and hearings, and to perform other

acts that the Commissioner is authorized or required to conduct or

perform personally.

6. Except as otherwise provided by law, all civil and criminal

proceedings under this Code shall be initiated and prosecuted by the

district attorney where the violation takes place.

Oklahoma Statutes - Title 63. Public Health and Safety Page 82

7. Issue subpoenas for the attendance of witnesses and the

production of books and records at any hearing to be conducted by

the Commissioner; and if a person disobeys any such subpoena, or

refuses to give evidence before, or to allow books and records to be

examined by, the Commissioner after such person is directed to do

so, the Commissioner may file a contempt proceeding in the district

court of the county in which the premises involved are situated, or,

if no premises are involved, of the county in which such person

resides or has a principal place of business, and a judge of such

court, after a trial de novo, may punish the offending person for

contempt.

8. Unless otherwise required by the terms of a federal grant,

sell, exchange or otherwise dispose of personal property that has

been acquired by the State Department of Health, or any of its

components, when such property becomes obsolete or is no longer

needed; any money derived therefrom shall be deposited in the Public

Health Special Fund.

9. Sell films, educational materials, biological products and

other items produced by the State Department of Health; and all

proceeds therefrom shall be deposited in the Public Health Special

Fund.

10. Revoke or cancel, or suspend for any period up to one (1)

year, any license or permit issued under or pursuant to this Code,

or by the Commissioner, when the Commissioner determines that ground

therefor as prescribed by this Code exists, or that the holder of

such license or permit has violated any law, or any of the

provisions of this Code, or any rules or standards of the

Commissioner filed with the Secretary of State, but the Commissioner

shall first afford the holder an opportunity to show cause why the

license or permit should not be revoked, canceled or suspended,

notice of such opportunity to be given by certified United States

Mail to the holder of the license or permit at the last-known

address of such holder.

11. Accept, use, disburse and administer grants, allotments,

gifts, devises, bequests, appropriations and other monies and

property offered or given to the State Department of Health, or any

component or agency thereof, by any agency of the federal

government, or any corporation or individual.

12. Be the official agency of the State of Oklahoma in all

matters relating to public health which require or authorize

cooperation of the State of Oklahoma with the federal government or

any agency thereof; coordinate the activities of the State

Department of Health with those of the federal government or any

department or agency thereof, and with other states, on matters

pertaining to public health, and enter into agreements for such

purpose, and may accept, use, disburse and administer, for the

office of the Commissioner or for the State Department of Health,

Oklahoma Statutes - Title 63. Public Health and Safety Page 83

for any purpose designated and on the terms and conditions thereof,

grants of money, personnel and property from the federal government

or any department or agency thereof, or from any state or state

agency, or from any other source, to promote and carry on in this

state any program relating to the public health or the control of

disease, and enter into agreements for such purposes.

13. The State Commissioner of Health may appoint commissioned

peace officers, certified by the Council on Law Enforcement

Education and Training, to investigate violations of the Public

Health Code and to provide security to Department facilities.

14. Pursuant to Section 1-106 of this title, the State

Commissioner of Health shall appoint a Chief Medical Officer who

reports directly to the State Commissioner of Health.

15. The State Commissioner of Health shall, in consultation

with local and national organizations that provide education or

services related to epilepsy conditions, provide guidance to medical

doctors, osteopathic physicians, nurse practitioners, and physician

assistants who have the primary responsibility for treatment of a

person with epilepsy to assist in determining whether a patient is

at elevated risk for sudden unexpected death in epilepsy (SUDEP),

including, but not limited to, whether the patient has had

convulsive seizures, the frequency and recency of such seizures, and

whether the patient's symptoms have subsided in response to

medicinal or surgical treatment. The Chief Medical Examiner shall

provide to all employees of the Chief Medical Examiner's Office

information about sudden unexpected death in epilepsy (SUDEP).
Okla. Stat. tit. 63, § 63-5000.24 — OK Code / Title 63 / Section 63-5000.24
Medicaid Buy-In Program
Status: in_force

A. The Oklahoma Health Care Authority, following directives of

and upon approval of the Health Care Financing Administration, is

directed to implement a Medicaid Buy-In Program for persons with

disabilities, if funds become available. Components of such program

shall include, but not be limited to:

1. Allowing individuals with disabilities who are sixteen (16)

years of age and over, but under sixty-five (65) years of age, and

who, except for earned income, would be eligible to receive

Supplemental Security Income (SSI) benefits, regardless of whether

they have ever received Supplemental Security Income (SSI) cash

benefits, the option of purchasing Medicaid coverage that will

Oklahoma Statutes - Title 63. Public Health and Safety Page 1706

enable individuals with disabilities to gain and/or maintain

employment and reduce their dependency on existing cash benefit

programs;

2. Removing work disincentives that inhibit individuals with

disabilities from engaging in work that is commensurate with their

abilities and capabilities;

3. Developing an infrastructure within and outside state

government that supports efforts to enhance employment opportunities

for individuals with disabilities; and

4. Ensuring meaningful input in the design, implementation, and

evaluation of programs, policies, and procedures developed under

such program by individuals with disabilities and other interested

parties.

B. The Oklahoma Health Care Authority Board shall promulgate

any rules necessary to implement provisions of the Oklahoma Ticket

to Work and Work Incentives Improvement Act regarding the Medicaid

Buy-In Program.
Okla. Stat. tit. 63, § 63-3112 — OK Code / Title 63 / Section 63-3112
Definitions
Status: in_force

For the purposes of Sections 2 through 6 of this act:

1. "Aftercare" means any assistance provided by a designated

lay caregiver to an individual under this act after the patient's

discharge from a hospital. Such assistance may include tasks that

are limited to the patient's condition at the time of discharge that

do not require a licensed professional;

2. "Discharge" means a patient's exit or release from a

hospital to the patient's residence following any inpatient stay;

3. "Hospital" means a facility licensed pursuant to the

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

Statutes;

4. "Lay caregiver" means any individual eighteen (18) years of

age or older, including next of kin, duly designated as a lay

Oklahoma Statutes - Title 63. Public Health and Safety Page 1495

caregiver pursuant to the provisions of this act who provides

aftercare assistance to a patient in the patient's residence; and

5. "Residence" means a dwelling considered by a patient to be

his or her home, not including any hospital as defined by Section 1-

701 et seq. of Title 63 of the Oklahoma Statutes, nursing home or

group home as defined by the Long-Term Care Reform and

Accountability Act of 2001, or assisted living facility as defined

by the Continuum of Care and Assisted Living Act.
Okla. Stat. tit. 63, § 63-1-818.9 — OK Code / Title 63 / Section 63-1-818.9
Renumbered as § 1430.9 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-427.3 — OK Code / Title 63 / Section 63-427.3
Oklahoma Medical Marijuana Authority – Creation -
Status: in_force

Duties.

A. There is hereby created the Oklahoma Medical Marijuana

Authority which shall address issues related to the medical

marijuana program in this state including, but not limited to, the

issuance of patient licenses and medical marijuana business

licenses, and the dispensing, cultivating, processing, testing,

transporting, storage, research, and the use of and sale of medical

marijuana pursuant to the Oklahoma Medical Marijuana and Patient

Protection Act.

B. 1. Beginning on the effective date of this act, the

Authority shall cease to be part of or a division of the State

Department of Health and shall be deemed to be a separate and

distinct agency, to be known as the Oklahoma Medical Marijuana

Authority. The Authority and the Executive Director of the

Authority shall continue to exercise their statutory powers, duties,

and contractual responsibilities. All records, property, equipment,

assets, monies, financial interests, liabilities, matters pending,

and funds of the division shall be transferred to the Authority.

2. All licenses granted by the Department pertaining to medical

marijuana shall maintain rights and privileges under the authority

of the Authority; provided, however, that all licenses shall be

subject to revocation, suspension, or disciplinary action for

violation of any of the provisions of the Oklahoma Medical Marijuana

and Patient Protection Act and rules promulgated by the Executive

Director.

3. The Authority shall succeed to any contractual rights or

responsibilities incurred by the Department pertaining to medical

marijuana.

4. Rules promulgated by the State Commissioner of Health

pertaining to medical marijuana that are in effect on the effective

date of this act shall be immediately adopted and enforced by the

Executive Director. The Executive Director maintains the authority

to further promulgate and enforce rules.

5. The Department and the Authority may enter into an agreement

for the transfer of personnel from the Department to the Authority.

No employee shall be transferred to the Authority except on the

freely given written consent of the employee. All employees who are

transferred to the Authority shall not be required to accept a

lesser grade or salary than presently received. All employees shall

retain leave, sick, and annual time earned, and any retirement and

longevity benefits which have accrued during their tenure with the

Department. The transfer of personnel between the state agencies

shall be coordinated with the Office of Management and Enterprise

Services.

6. The expenses incurred by the Authority as a result of the

transfer required by this subsection shall be paid by the Authority.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1132

7. The division within the Department known as the Oklahoma

Medical Marijuana Authority shall be abolished by the Department

after the transfer has been completed.

8. The Office of Management and Enterprise Services shall

coordinate the transfer of records, property, equipment, assets,

funds, allotments, purchase orders, liabilities, outstanding

financial obligations, or encumbrances provided for in this

subsection.

C. The Authority shall implement the provisions of the Oklahoma

Medical Marijuana and Patient Protection Act consistently with the

voter-approved State Question No. 788, Initiative Petition No. 412,

subject to the provisions of the Oklahoma Medical Marijuana and

Patient Protection Act.

D. The Authority shall exercise its respective powers and

perform its respective duties and functions as specified in the

Oklahoma Medical Marijuana and Patient Protection Act and this title

including, but not limited to, the following:

1. Determine steps the state shall take, whether administrative

or legislative in nature, to ensure that research on marijuana and

marijuana products is being conducted for public purposes including

the advancement of:

a. public health policy and public safety policy,

b. agronomic and horticultural best practices, and

c. medical and pharmacopoeia best practices;

2. Contract with third-party vendors and other governmental

entities in order to carry out the respective duties and functions

as specified in the Oklahoma Medical Marijuana and Patient

Protection Act;

3. Upon complaint or upon its own motion and upon a completed

investigation, levy fines as prescribed in applicable laws, rules

and regulations and suspend, revoke or not renew licenses pursuant

to applicable laws, rules and regulations;

4. Issue subpoenas for the appearance or production of persons,

records and things in connection with disciplinary or contested

cases considered by the Authority;

5. Apply for injunctive or declaratory relief to enforce the

provisions of applicable laws, rules and regulations;

6. Inspect and examine all licensed premises of medical

marijuana businesses, research facilities, education facilities and

waste disposal facilities in which medical marijuana is cultivated,

manufactured, sold, stored, transported, tested, distributed or

disposed of;

7. Upon action by the federal government by which the

production, sale, and use of marijuana in this state does not

violate federal law, work with the Banking Department and the State

Treasurer to develop good practices and standards for banking and

finance for medical marijuana businesses;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1133

8. Establish internal control procedures for licenses including

accounting procedures, reporting procedures, and personnel policies;

9. Establish a fee schedule and collect fees for performing

background checks as the Executive Director deems appropriate. The

fees charged pursuant to this paragraph shall not exceed the actual

cost incurred for each background check;

10. Establish a fee schedule and collect fees for material

changes requested by the licensee;

11. Establish regulations, which require a medical marijuana

business to submit information to the Authority, deemed reasonably

necessary to assist the Authority in the prevention of diversion of

medical marijuana by a licensed medical marijuana business. Such

information required by the Authority may include, but shall not be

limited to:

a. the square footage of the licensed premises,

b. a diagram of the licensed premises,

c. the number and type of lights at the licensed medical

marijuana commercial grower business,

d. the number, type, and production capacity of equipment

located at the medical marijuana processing facility,

e. the names, addresses, and telephone numbers of

employees or agents of a medical marijuana business,

f. employment manuals and standard operating procedures

for the medical marijuana business, and

g. any other information as the Authority reasonably

deems necessary;

12. Declare and establish a moratorium on processing and

issuing new medical marijuana business licenses pursuant to Section

427.14 of this title for an amount of time the Authority deems

necessary;

13. Enter into and negotiate the terms of a Memorandum of

Understanding between the Authority and other state agencies

concerning the enforcement of laws regulating medical marijuana in

this state. The Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, the Oklahoma State Bureau of Investigation, and the

Oklahoma Attorney General shall have full authority to investigate

and enforce any violations of the laws regarding medical marijuana

including medical marijuana business licenses held by commercial

growers, processors, transporters, researchers, education

facilities, and waste disposal facilities;

14. Purchase and maintain motor vehicles for use by the

employees of the Authority; and

15. Enter into contracts and agreements for the payment of

food, lodging, and other authorized expenses as may be necessary to

host, conduct, sponsor, or participate in conferences, meetings, or

training sessions. The Authority may establish accounts as

necessary for the collection and distribution of funds, including

Oklahoma Statutes - Title 63. Public Health and Safety Page 1134

funds of sponsors and registration fees, related to such

conferences, meetings, and training sessions. Any expenses incurred

may be paid directly to the contracting agency or business

establishment.
Okla. Stat. tit. 63, § 63-330.51 — OK Code / Title 63 / Section 63-330.51
Renumbered as § 1-1949.2 of this title by Laws 2023, c
Status: in_force

271, § 12, eff. Nov. 1, 2023.