Okla. Stat. tit. 63, § 63-1-1919.1 — OK Code / Title 63 / Section 63-1-1919.1
Reasonable access to residents – Emergency-
Status: in_force

preparedness plan.

A. Except as provided by Section 10-111 of Title 43A of the

Oklahoma Statutes, every long-term care facility, as defined in

Section 1-1945 of Title 63 of the Oklahoma Statutes, must provide

reasonable access to a resident by immediate family, compassionate

caregivers, other relatives of the resident, essential support

persons, and the Oklahoma Long-Term Care Ombudsman subject to the

resident's or, if they are incapacitated, their legally appointed

representative's right to deny or withdraw consent at any time.

Compassionate caregivers may be family members, friends, volunteers,

or other individuals identified by a resident, the resident's

family, or facility staff, who assist residents with activities of

daily living, such as bathing, dressing, and eating, or who provide

emotional, mental, or spiritual support to residents.

B. Every long-term care facility must provide reasonable access

to a resident by health care providers who are contracted with the

facility to provide such care, subject to the resident's right to

deny or withdraw consent at any time.

C. Long-term care facilities shall include and submit to the

State Department of Health in their emergency-preparedness plan

procedures for visitation during an emergency. The visitation plan

shall be made available by the facility to contracted health care

providers, family members, essential support persons, and

compassionate caregivers upon request. Visitation and access

described in subsections A and B of this section may be subject to

reasonable clinical and safety restrictions as ordered by the State

Department of Health or the Centers for Medicare and Medicaid

Services.

D. No long-term care facility shall unilaterally eliminate

visitation for any reason; however, a facility may temporarily

suspend visitation for a period not to exceed seventy-two (72) hours

Oklahoma Statutes - Title 63. Public Health and Safety Page 706

based upon the emergency-preparedness plan provided to the State

Department of Health.
Okla. Stat. tit. 63, § 63-1-1953.3 — OK Code / Title 63 / Section 63-1-1953.3
Renumbered as § 1-1956.3 of this title by Laws 2020,
Status: in_force

c. 39, § 9, eff. Nov. 1, 2020.
Okla. Stat. tit. 63, § 63-1-725.4 — OK Code / Title 63 / Section 63-1-725.4
Prices required for certain services
Status: in_force

A. A health care facility shall make available to the public,

in a single document, either electronically or by posting

conspicuously on its website if one exists, the health care prices

for at least:

1. The twenty most used diagnosis-related group codes or other

codes for inpatient health care services per specialty service line

used by the health care facility for billing; and

2. The twenty most used outpatient CPT codes or health care

services procedure codes per specialty service line used for

billing.

B. A health care facility shall include with the health care

prices provided pursuant to subsection A of this section a plain

English description of the services for which the health care prices

are provided.

C. The health care facility shall update the document as

frequently as it deems appropriate, but at least annually.
Okla. Stat. tit. 63, § 63-485.9 — OK Code / Title 63 / Section 63-485.9
Change of name for Institute and Commission
Status: in_force

A. The names of the "Oklahoma Cerebral Palsy Center", formerly

the "Oklahoma Cerebral Palsy Institute", and the "Oklahoma Spastic

Paralysis Commission" are hereby changed to the "J.D. McCarty Center

for Children with Developmental Disabilities" and the "Cerebral

Palsy Commission", respectively.

B. Wherever in the statutes of this state the name "Oklahoma

Cerebral Palsy Institute" or "Oklahoma Cerebral Palsy Center"

occurs, the reference shall be deemed to be to the "J.D. McCarty

Center for Children with Developmental Disabilities"; and wherever

in said statutes the name "Oklahoma Spastic Paralysis Commission"

appears, this reference shall be deemed to be to the "Cerebral Palsy

Commission".
Okla. Stat. tit. 63, § 63-4032 — OK Code / Title 63 / Section 63-4032
Violations - Punishments
Status: in_force

A. It shall be unlawful for any person to:

1. Lend or to sell to, or knowingly permit the use of by one

not entitled thereto, any certificate of title or registration

issued to or in the custody of the person so lending or permitting

the use thereof;

2. Alter or in any manner change a certificate of title or

registration certificate issued under the laws of this or any other

state;

3. Procure from another state or country or display upon any

vessel owned by the person within this state, except as otherwise

provided by the Oklahoma Vessel and Motor Registration Act, Section

4002 et seq. of this title, any number issued by any state or

country other than this state, unless there shall be displayed upon

such vessel at all times the permanent number assigned to it by

Service Oklahoma;

4. Buy, sell or dispose of, or have in the person's possession

for sale, use or storage, any secondhand or used vessel or motor on

which the registration fee has not been paid, as required by law,

and on which vessel or motor said person neglects, fails or refuses

to display at all times the permanent number assigned to it;

5. Register a vessel or motor on an assigned certificate of

title. This particular paragraph shall be applicable to all persons

except bona fide dealers who are holders of current and valid

dealers' licenses;

6. Operate a vessel or motor upon the waters of this state

after the registration deadline for that vessel or motor without a

proper title and registration, as prescribed by the Oklahoma Vessel

and Motor Registration Act, for the current year;

7. Release a certificate of title or excise tax receipt to any

unauthorized person or source, including any dealer. Violation of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1638

this paragraph shall constitute sufficient grounds for discharge of

a licensed operator by Service Oklahoma;

8. Alter or in any manner change a permanent number issued for

a vessel under the laws of this state or any other state; or

9. Offer for sale any used vessel, used motor, or any used

vessel or motor part if the vessel, motor, or part:

a. is not currently registered, if required,

b. has had the hull identification number or serial

number removed,

c. has a hull identification number or serial number

which does not match the number listed on the current

title or registration, or

d. appears, is suspected, or is known to be stolen.

Anyone violating the provisions of this subsection shall be

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

fine not to exceed Fifty Dollars ($50.00) for each such violation.

B. Any owner who knowingly makes or causes to be made any false

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

application for the title or registration of one or more vessels or

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

thereof, shall be fined not more than One Thousand Dollars

($1,000.00), or shall be imprisoned in the county jail for not more

than one (1) year, or both such fine and imprisonment.

C. A violation of this section and any of the provisions of

Sections 4002 through 4031 of this title where a specific penalty

has not been imposed shall constitute a misdemeanor and upon

conviction thereof the person having violated it shall be fined not

less than Ten Dollars ($10.00) and not more than One Hundred Dollars

($100.00).

D. In addition thereto, it is specifically provided that any

person stating or giving or causing to be stated or given any false

information as to the location of any vessel or motor shall be

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

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

or by imprisonment in the county jail for a period not to exceed one

(1) year, or by both such fine and imprisonment.
Okla. Stat. tit. 63, § 63-1-292 — OK Code / Title 63 / Section 63-1-292
Definitions
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 172

As used in this act:

1. "Administer" means the direct application of an epinephrine

auto-injector to an individual;

2. "Authorized entity" means any entity or organization at or

in connection with which allergens capable of causing anaphylaxis

may be present, including, but not limited to, restaurants,

recreation camps, youth sports leagues, amusement parks, and sports

arenas;

3. "Authorized individual" means an individual operating or

participating in any entity or organization at or in connection with

which allergens capable of causing anaphylaxis may be present,

including, but not limited to, restaurants, recreation camps, youth

sports leagues, amusement parks and sports arenas;

4. "Epinephrine auto-injector" means a single-use device used

for the automatic injection of a premeasured dose of epinephrine

into the human body;

5. "Licensed practitioner" means an allopathic physician,

osteopathic physician, physician assistant or advanced practice

registered nurse licensed in this state;

6. "Provide" means the supply of one or more epinephrine auto-

injectors to an individual; and

7. "Self-administration" means an individual's discretionary

use of an epinephrine auto-injector.
Okla. Stat. tit. 63, § 63-1-1966 — OK Code / Title 63 / Section 63-1-1966
Violations - Penalties
Status: in_force

Any home care agency, home care agency administrator, or home

health aide covered by the Home Care Act that has been determined by

the State Department of Health to have violated any provision of the

Home Care Act or any rule promulgated thereto may be liable for an

administrative penalty of not more than One Hundred Dollars

($100.00) per violation for each day on which a violation occurs or

Oklahoma Statutes - Title 63. Public Health and Safety Page 791

continues. The maximum administrative penalty shall not exceed Ten

Thousand Dollars ($10,000.00) for any related series of violations.

Funds collected pursuant to this section shall be deposited in the

Home Health Care Revolving Fund created in Section 1-1971 of this

title.
Okla. Stat. tit. 63, § 63-2819 — OK Code / Title 63 / Section 63-2819
Renumbered as § 2870 of this title by Laws 2016, c. 324,
Status: in_force

§ 13, eff. Nov. 1, 2016.
Okla. Stat. tit. 63, § 63-1-853 — OK Code / Title 63 / Section 63-1-853
Findings as to necessity
Status: in_force

A. Except as provided in subsections B and C of this section,

no certificate of need shall be issued by the State Department of

Health unless after investigation the State Commissioner of Health

makes the following findings:

1. The action proposed in the application for such certificate

of need is necessary and desirable in order to provide the services

required in the locality to be served;

2. The proposed action can be economically accomplished and

maintained;

3. The proposed action will contribute to the orderly

development of long-term care services in the locality;

4. The applicant is or employs a licensed nursing home

administrator; and

5. The applicant is found to be in compliance with the

provisions of subsection D of this section.

B. 1. An application for a certificate of need for a capital

expenditure to eliminate or prevent imminent safety hazards as

defined by federal, state or local fire, building or life safety

codes or regulations, or to comply with state licensure standards,

Oklahoma Statutes - Title 63. Public Health and Safety Page 500

or to comply with accreditation standards, compliance with which is

required to receive reimbursements under Title XVIII of the Social

Security Act or payments under a state plan for medical assistance

approved under Title XIX of such act, shall be approved unless the

Department finds:

a. that the facility or service is not needed, or

b. that the applicant is found to be out of compliance

with the provisions of subsection D of this section.

2. Approval under this subsection shall cover only the capital

expenditure to eliminate or prevent the hazards or to comply with

standards described herein.

C. No certificate of need shall be issued for the acquisition

of an existing facility unless after investigation the Commissioner

finds that the applicant:

1. Has financial resources necessary to complete the

transaction and to maintain services and staffing; and

2. Is found to be in compliance with the provisions of

subsection D of this section.

D. 1. The Commissioner shall refuse to issue a certificate of

need to any applicant who has had, in ten percent (10%) or more of

the applicant's long-term care facility holdings in the preceding

sixty (60) months, a facility license or certification revoked,

rescinded, canceled, terminated, involuntarily suspended, or refused

renewal; or if the license or certification was relinquished

voluntarily in lieu of penalty.

2. The Commissioner shall refuse to issue a certificate of need

to any applicant except where the applicant overcomes a presumption

against approval with clear and convincing evidence that one of the

following circumstances was not due to the action or inaction of the

applicant or any person with a controlling interest:

a. the applicant has had, in any of the applicant's long-

term care holdings in the preceding sixty (60) months,

a facility's license or certificate revoked,

rescinded, canceled, terminated, involuntarily

suspended or refused renewal,

b. the applicant has a history of noncompliance, as

defined by statute, with the standards for licensure

of long-term care facilities of any state in which the

applicant has or has had long-term care facilities, or

with federal standards for certification of long-term

care facilities,

c. the applicant, in all current and prior ownership,

operation and management of long-term care facilities,

has not complied with all lawful orders of suspension,

receivership, temporary management, or administrative

penalty issued by the Department or by other

authorities with similar responsibilities in other

Oklahoma Statutes - Title 63. Public Health and Safety Page 501

states or by the federal Centers for Medicare and

Medicaid Services, or

d. the applicant has been convicted of a felony criminal

offense related to the operation or management of a

long-term care facility.

3. Other than any of those reasons listed in paragraph 1 or 2

of this subsection, the Commissioner may refuse to issue a

certificate of need to any applicant who has had, in the preceding

thirty-six (36) months, one or more of the following:

a. findings of substandard quality of care or

noncompliance with two or more conditions of

participation on twenty percent (20%) or more of the

surveys conducted in the applicant’s long-term care

facility holdings or against any long-term care

facility operated by a person with a controlling

interest during the preceding thirty-six (36) months,

b. a temporary manager, monitor, or receiver appointed,

or

c. had a civil money penalty imposed of Thirty-five

Thousand Dollars ($35,000.00) or more.

E. Noncompliance with a final agency order or final order or

judgment of a court of record which has been set aside by a court on

appeal of such final order or judgment shall not be considered a

final order or judgment for the purposes of this section.

F. When the Commissioner makes a determination to issue or deny

a certificate of need, the Commissioner shall provide written

findings to the applicant, other reviewers and to other persons upon

their request. The certificate of need shall establish the maximum

capital expenditure for the project. The State Board of Health

shall adopt rules concerning the time in which a decision must be

made on an application.

G. Any person may request a reconsideration of the

Commissioner's determination for good cause shown, the grounds for

which shall be established by the Board by rule. A request for

reconsideration shall be filed within ten (10) days of the

Department determination. The hearing thereupon shall be conducted

within thirty (30) days following the receipt of request. Written

findings shall be issued within forty-five (45) days of such

hearing.
Okla. Stat. tit. 63, § 63-122.2 — OK Code / Title 63 / Section 63-122.2
Jurisdictional areas of state agencies
Status: in_force

The provisions of this section specify the jurisdictional areas

of state agencies relating to the regulation of blasting and

explosives. Agencies regulating explosives and blasting are

directed to cooperate and coordinate with each other as necessary to

carrying out the duties required to regulate explosives. Agencies

regulating explosives may enter into interagency agreements with

other state agencies and law enforcement agencies of any political

subdivision of this state for the purpose of conducting

investigations related to the regulation of explosives or criminal

activity. The jurisdictional areas of responsibility specified in

this section shall be in addition to those otherwise provided by law

and assigned to the specific state agency as follows:

1. Department of Mines. The Department of Mines shall have the

following jurisdictional areas relating to the regulation of

blasting and explosives:

a. the use of explosives and blasting activities for

surface and nonsurface mining operations pursuant to

Title 45 of the Oklahoma Statutes,

b. except as otherwise provided by this part, the use of

explosives and blasting activities for nonmining

activities, and

c. except as otherwise provided by this part, the

regulation of the use of explosives or of blasting

activity not subject to the specific statutory

authority of another state agency;

2. State Fire Marshal. The State Fire Marshal shall have

regulatory jurisdictional responsibility relating to explosives as

follows:

a. the regulation of the manufacture, sale,

transportation for hire or storage of explosives or

blasting agents for resale pursuant to Division 2 of

the Oklahoma Explosives and Blasting Regulation Act,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1067

b. the examination of buildings and premises and

reporting and orders authorized pursuant to Section

317 of Title 74 of the Oklahoma Statutes, and

c. licensure, regulation and enforcement of fire

extinguishers, pursuant to the Fire Extinguisher

Licensing Act;

3. The Department of Public Safety. The Department of Public

Safety shall have the regulatory jurisdictional responsibility

relating to explosives as follows:

a. the transportation of explosives or blasting agents

classified as hazardous materials pursuant to the

Oklahoma Motor Carrier Safety and Hazardous Materials

Transportation Act,

b. the construction or making of any explosive or

explosive device not subject to specific regulatory

authority of another state agency,

c. the intentional storage of any materials which are

intended to be used to construct or make any explosive

or explosive device not subject to specific regulatory

authority of another state agency, and

d. the intentional use of any explosive or explosive

device in any manner not subject to specific

regulatory authority of another state agency.

Provided, nothing in this provision shall be construed to expand

jurisdiction of the Department of Public Safety to investigate any

crime occurring within the jurisdiction of another law enforcement

authority of any political subdivision of this state, and nothing

shall prohibit, limit, or restrict any law enforcement officer,

agency, or specialized law enforcement unit from investigating or

otherwise performing any duty or responsibility for crimes within

their respective jurisdiction relating to explosives, blasting

agents, or hazardous materials; and

4. Department of Environmental Quality. The Department of

Environmental Quality shall have jurisdictional responsibility

relating to the regulation and disposal of explosives or blasting

agents classified as solid or hazardous waste pursuant to the

Oklahoma Environmental Quality Code.
Okla. Stat. tit. 63, § 63-1-737 — OK Code / Title 63 / Section 63-1-737
Hospitals which may perform abortions
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 314

An abortion otherwise permitted by law shall be performed only

in a hospital, as defined in this article, which meets standards set

by the Department. The Department shall develop and promulgate

reasonable standards relating to abortions.
Okla. Stat. tit. 63, § 63-3141.6 — OK Code / Title 63 / Section 63-3141.6
Actions for damages - Persons who may bring
Status: in_force

Any person given standing by paragraph 1 or 2 of Section 5 of

this act, or the person who would have committed suicide, in the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1510

case of an attempt, may maintain a cause of action against any

person who violates or attempts to violate Section 3 of this act for

compensatory damages and punitive damages. Any person given

standing by paragraphs 3 through 7 of Section 5 of this act may

maintain a cause of action against any person who violates or

attempts to violate Section 3 of this act for punitive damages. An

action under this section may be brought whether or not the

plaintiff had prior knowledge of the violation or attempt.
Okla. Stat. tit. 63, § 63-2200.10A — OK Code / Title 63 / Section 63-2200.10A
Manner of making, amending, or revoking anatomical
Status: in_force

gift of decedent's body or part.

A. A person authorized to make an anatomical gift under Section

9 of this act may make an anatomical gift by a document of gift

signed by the person making the gift or by that person’s oral

communication that is electronically recorded or is

contemporaneously reduced to a record and signed by the individual

receiving the oral communication.

B. Subject to subsection C of this section, an anatomical gift

by a person authorized under Section 9 of this act may be amended or

revoked orally or in a record by any member of a prior class who is

reasonably available. If more than one member of the prior class is

reasonably available, the gift made by a person authorized under

Section 9 of this act may be:

1. Amended only if a majority of the reasonably available

members agree to amending the gift; or

2. Revoked only if a majority of the members agree to the

revoking of the gift or if they are equally divided as to whether to

revoke the gift.

C. A revocation under subsection B of this section is effective

only if, before an incision has been made to remove a part from the

donor’s body or before invasive procedures have begun to prepare the

recipient, the procurement organization, transplant hospital, or

physician or technician knows of the revocation.Oklahoma Statutes - Title 63. Public Health and Safety Page 44
Okla. Stat. tit. 63, § 63-1-107.2 — OK Code / Title 63 / Section 63-1-107.2
Vaccine Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the State Department of Health, to be designated the "Vaccine

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

Oklahoma Statutes - Title 63. Public Health and Safety Page 85

to fiscal year limitations, and shall consist of all monies

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

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

and expended by the State Department of Health for the purchase of

vaccines. Expenditures from said fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.
Okla. Stat. tit. 63, § 63-1-1949.1 — OK Code / Title 63 / Section 63-1-1949.1
Short title - Long-Term Care Administrator Licensing
Status: in_force

Act.

This act shall be known and may be cited as the “Long-Term Care

Administrator Licensing Act”.
Okla. Stat. tit. 63, § 63-330.52 — OK Code / Title 63 / Section 63-330.52
State Board of Examiners for Long-Term Care Administrators — Creation —
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 35Administrators — Creation — Termination.

A. There is hereby re-created the Oklahoma State Board of

Examiners for Long-Term Care Administrators, to continue until the

conditions of Section 2 of this act have been met. Upon

satisfaction of such conditions, the Oklahoma State Board of

Examiners for Long-Term Care Administrators shall be abolished.

B. The Oklahoma State Board of Examiners for Long-Term Care

Administrators shall consist of fifteen (15) members, eight of whom

shall be representatives of the professions and institutions of

long-term care, with representation from each type of administrator

defined in Section 330.51 of this title. In order to be eligible to

serve as a member, such administrators shall be licensed or

certified in their defined facility type, and be in good standing

and have at least three (3) years of experience as an administrator

in the facility type they represent, except a nursing facility

administrator as defined in Section 330.51 of this title, who shall

have at least five (5) years of experience as a nursing facility

administrator. Four members shall represent the general public, of

which at least two shall be licensed medical professionals concerned

with the care and treatment of critically ill or infirm elderly

Oklahoma Statutes - Title 63. Public Health and Safety Page 1095

patients. The preceding twelve members shall be appointed by the

Governor, with the advice and consent of the Senate. The final

three members shall constitute the State Commissioner of Health, the

Director of the Department of Human Services, and the Director of

the Department of Mental Health and Substance Abuse Services, or

their designees.

C. No members other than the eight licensed or certified

administrators shall have a direct or indirect financial interest in

long-term care facilities.

D. Effective November 1, 2011, all appointed positions of the

current Board shall be deemed vacant. The Governor shall make

initial appointments pursuant to the provisions of this subsection.

Initial appointments shall become effective on November 1, 2011.

The new members of the Board shall be initially appointed as

follows:

1. Four of the members representing each administrator type,

two members representing the general public and two other members

shall be appointed for a term of two (2) years to expire on October

31, 2013; and

2. Four of the members representing each administrator type,

two members representing the general public and one other member

shall be appointed for a term of three (3) years to expire on

October 31, 2014.

E. After the initial terms, the terms of all appointive members

shall be three (3) years. Any vacancy occurring in the position of

an appointive member shall be filled by the Governor, with the

advice and consent of the Senate, for the unexpired term.

F. Any member of the Board shall recuse himself or herself from

voting on any matter that originated from or involves an entity with

which the Board member is affiliated.
Okla. Stat. tit. 63, § 63-1-304 — OK Code / Title 63 / Section 63-1-304
State Commissioner of Health - Duties
Status: in_force

(a) The State Commissioner of Health shall:

(1) administer and enforce this article and the rules and

regulations issued hereunder, and issue instructions for the

efficient administration of the statewide system of vital

statistics.

(2) direct and supervise the statewide system of vital

statistics and be custodian of its records.

(3) prescribe and distribute such forms as are required by this

article and the rules and regulations issued hereunder.

(4) prepare and publish reports of vital statistics of this

state, and such other reports as may be required by law.

(b) The Commissioner may delegate such functions and duties

vested in the Commissioner to employees of the State Department of

Health and to the local registrars as the Commissioner deems

necessary or expedient.
Okla. Stat. tit. 63, § 63-1-106.2 — OK Code / Title 63 / Section 63-1-106.2
Uniform application to be used in credentialing
Status: in_force

process.

A. The State Commissioner of Health shall promulgate rules

necessary to develop a uniform application which shall be used in

the credentialing process of health care providers. The State

Department of Health shall develop such application form for:

1. Initial privileges or membership in a hospital or other

entity requiring credentials verification, except for a contracted

entity as defined by Section 4002.2 of Title 56 of the Oklahoma

Statutes; and

2. Recredentialing or reappointment in a hospital or other

entity requiring credentials verification, except for a contracted

entity as defined by Section 4002.2 of Title 56 of the Oklahoma

Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety Page 75

B. Any entity requiring credentials verification may require

supplemental information.
Okla. Stat. tit. 63, § 63-2415 — OK Code / Title 63 / Section 63-2415
Interpreter’s fees – Recess periods
Status: in_force

A. A qualified legal interpreter appointed under the provisions

of the Oklahoma Legal Interpreter for the Deaf and Hard-of-Hearing

Act shall be entitled to the prevailing rate for qualified legal

interpreters in this state; provided, any interpreter who is

appointed pursuant to Section 2409 or 2410 of this title shall be

paid in accordance with the fee schedule established pursuant to

Section 7 of Senate Bill No. 779 of the 1st Session of the 50th

Oklahoma Legislature, if that bill is enacted. Prior to the

establishment of a fee schedule or if Senate Bill No. 779 of the 1st

Oklahoma Statutes - Title 63. Public Health and Safety Page 1394

Session of the 50th Oklahoma Legislature is not enacted, payment

shall be the prevailing rate for qualified legal interpreters in

this state. When the interpreter is appointed by a court, the fee

shall be paid out of the local court fund as provided for in Section

1304 of Title 20 of the Oklahoma Statutes and when the interpreter

is otherwise appointed, the fee shall be paid by the appointing

authority. The person for whom the interpreter is appointed shall

not be assessed a reimbursement fee.

B. The appointing authority shall provide recess periods as

necessary for the qualified legal interpreter as determined by the

interpreter.
Okla. Stat. tit. 63, § 63-3111.10 — OK Code / Title 63 / Section 63-3111.10
Copies
Status: in_force

A copy of a written power of attorney for health care or

revocation of a power of attorney for health care has the same

effect as the original.
Okla. Stat. tit. 63, § 63-5026 — OK Code / Title 63 / Section 63-5026
Medicaid prescription drug program – Definition of
Status: in_force

phenylketonuria.

A. The Oklahoma Health Care Authority Board shall, in

administering the Medicaid prescription drug program, utilize the

following definition for "phenylketonuria" to mean: An inborn error

of metabolism attributable to a deficiency of or a defect in

phenylalanine hydroxylase, the enzyme that catalyzes the conversion

of phenylalanine to tyrosine. The deficiency permits the

accumulation of phenylalanine and its metabolic products in the body

fluids. The deficiency can result in intellectual disabilities

(phenylpyruvic oligophrenia), neurologic manifestations (including

hyperkinesia, epilepsy, and microcephaly), light pigmentation, and

eczema. The disorder is transmitted as an autosomal recessive trait

and can be treated by administration of a diet low in phenylalanine.

B. The Oklahoma Health Care Authority Board shall promulgate

any rules necessary to effectuate the provisions of this section.
Okla. Stat. tit. 63, § 63-2210 — OK Code / Title 63 / Section 63-2210
Eye recovery by certified eye bank technicians - Eye
Status: in_force

banks.

A. 1. With respect to a gift of eyes as provided for in this

chapter, eye bank technicians who have successfully completed a

course in eye recovery in the State of Oklahoma or elsewhere and

have received a certificate of competence from the Eye Bank

Association of America, may recover eyes for such gift after proper

certification of death by a physician and compliance with the extent

of such gift as required by the Oklahoma Uniform Anatomical Gift

Act.

2. No such properly certified eye bank technician acting in

accordance with the terms of this chapter shall have any liability,

civil or criminal, for such eye recovery.

B. No eye bank shall operate in Oklahoma unless the eye bank:

1. Within one (1) year after beginning operation, is accredited

by the Eye Bank Association of America or other nationally

recognized accrediting association for eye banks;

2. Employs an eye bank technician certified by the Eye Bank

Association of America or other nationally recognized accrediting or

certifying association for eye banks;

3. Has as its medical director a board-certified ophthalmic

surgeon licensed to practice in this state; and

4. Gives priority to the needs of patients being treated in

Oklahoma.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1379

C. Before developing a new eye bank, the person proposing to

operate the eye bank shall apply to the State Commissioner of Health

for a permit. The permit application shall be in such form as the

Commissioner shall prescribe and shall include a demonstration of

the eye bank's probable impact on existing eye banks serving the

area where the new eye bank is to be located. The permit

application shall be accompanied by a filing fee equal to one

quarter of one percent (.25%) of the capital cost of the proposed

eye bank, with a minimum fee of Five Hundred Dollars ($500.00).

D. Upon receipt of a completed permit application, the

Commissioner shall cause public notice to be published in a

newspaper of general circulation in the area where the eye bank is

to be located and in a newspaper of general circulation in the area

where the application is available for inspection. Any person may

submit written comments regarding the proposed eye bank to the

Commissioner.

E. The Commissioner shall issue or deny the permit within

seventy-five (75) days after publication of the notice. A permit

shall expire thirty-six (36) months from the date of issue. If

construction is not completed on or before the permit's expiration

date, the permit shall be null and void.

F. Any issuance or denial of a permit may be appealed under

Article II of the Administrative Procedures Act, Section 308a of

Title 75 of the Oklahoma Statutes.

G. Each eye bank operating in this state shall report annually

to the Commissioner on a form prescribed by the Commissioner. The

form shall include information on the following:

1. The accreditation status of the eye bank;

2. The certification status of the eye bank technician;

3. The identity and qualifications of the medical director;

4. The numbers and geographic origins of donor corneas and

whole eyes; and

5. The numbers and geographic destinations of corneas and other

parts of eyes.
Okla. Stat. tit. 63, § 63-684.25 — OK Code / Title 63 / Section 63-684.25
Short title - Uniform Emergency Volunteer Health
Status: in_force

Practitioners Act.

Sections 3 through 13 of this act shall be known and may be

cited as the "Uniform Emergency Volunteer Health Practitioners Act".
Okla. Stat. tit. 63, § 63-684.4 — OK Code / Title 63 / Section 63-684.4
Party state responsibilities
Status: in_force

ARTICLE III

Party State Responsibilities

A. It shall be the responsibility of each party state to

formulate procedural plans and programs for interstate cooperation

in the performance of the responsibilities listed in this article.

In formulating such plans, and in carrying them out, the party

states, insofar as practical, shall:

1. Review individual state hazards analyses and, to the extent

reasonably possible, determine all those potential emergencies the

party states might jointly suffer, whether due to natural or man-

made disasters or emergencies;

2. Review party states' individual emergency plans and develop

a plan which will determine the mechanism for the interstate

management and provision of assistance concerning any potential

emergency;

3. Develop interstate procedures to fill any identified gaps

and to resolve any identified inconsistencies or overlaps in

existing or developed plans;

4. Assist in warning communities adjacent to or crossing the

state boundaries;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1242

5. Protect and assure uninterrupted delivery of services,

medicines, water, food, energy and fuel, search and rescue, and

critical lifeline equipment, and resources, both human and material;

6. Inventory and set procedures for the interstate loan and

delivery of human and material resources, together with procedures

for reimbursement or forgiveness; and

7. Provide, to the extent authorized by law, for temporary

suspension of any statutes or ordinances that restrict the

implementation of the above responsibilities.

B. The authorized representative of a party state may request

assistance of another party state by contacting the authorized

representative of that state. The provisions of this compact shall

only apply to requests for assistance made by and to authorized

representatives. Requests may be verbal or in writing. If verbal,

the request shall be confirmed in writing within thirty (30) days of

the verbal request. Requests shall provide the following

information:

1. A description of the emergency service function for which

assistance is needed, including, but not limited to, fire services,

law enforcement, emergency medical, transportation, communications,

public works and engineering, building inspection, planning and

information assistance, mass care, resource support, health and

medical services, and search and rescue;

2. The amount and type of personnel, equipment, materials and

supplies needed and a reasonable estimate of the length of time they

will be needed; and

3. The specific place and time for staging of the assisting

party's response and a point of contact at that location.

C. There shall be frequent consultation between state officials

who have assigned emergency management responsibilities and other

appropriate representatives of the party states with affected

jurisdictions and the United States Government, with free exchange

of information, plans, and resource records relating to emergency

capabilities.

D. The Governor of the State of Oklahoma shall not be obligated

under this compact to send the requested assistance, except in such

Governor's sole and absolute discretion, and may be withdrawn at any

time in the sole and absolute discretion of the Governor of

Oklahoma.
Okla. Stat. tit. 63, § 63-1-2404 — OK Code / Title 63 / Section 63-1-2404
Renumbered as § 2-10-1104 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-5027 — OK Code / Title 63 / Section 63-5027
Health care district
Status: in_force

A. As used in this section “health care district” means a

subordinate health care entity that better promotes efficient

administration of health care service delivery for counties with a

population of one hundred thousand (100,000) or less to eligible

persons in this state.

B. A locally designated health care district shall:

1. Coordinate the delivery of health care services in local

jurisdictions such as municipalities and counties; provided,

however, jurisdictions containing multiple areas shall be contiguous

and shall possess commonality as it relates to need;

2. Be authorized to adjust Medicaid provider rates above the

state minimum established by the Oklahoma Health Care Authority;

3. Be authorized to contract with employer-sponsored health

plans or private health plans to provide services to Medicaid and

indigent beneficiaries; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1729

4. Be authorized to expand health care services or health care

providers within health care districts.

C. Health care districts may be established by local

communities wherein locally generated tax dollars are received for

the benefit of local hospitals or other local health care services.

The districts shall have the same boundaries as the area over which

the locally assessed tax is levied.

D. Health care districts may be established by the governing

boards of the hospitals located within the area over which the

locally assessed tax for the benefit of the local hospital or other

local health care service is levied. The governing board of the

hospital shall be the governing board of the local health care

district.

E. 1. Each health care district may certify to the Oklahoma

Health Care Authority the amount of funds generated by tax

assessment within the health care district for the benefit of the

local hospital or other local health care services.

2. The Authority shall submit such information to the Centers

for Medicare and Medicaid Services (CMS) for the purpose of applying

for federal matching funds. The Authority shall submit any

necessary applications for waivers to accomplish the provisions of

this act.

F. The Oklahoma Health Care Authority Board is hereby directed

to promulgate rules to enact the provisions of this section. The

rules shall, at a minimum, address:

1. Internal establishment of local health care district

accounts within the Authority including, but not limited to,

procedures for remitting funds out of such accounts back to the

local health care district; and

2. Methods for certifying funds for each local health care

district and for reporting such amounts to the Centers for Medicare

and Medicaid Services for federal matching purposes. The revenue

for each health care district account shall consist of federal

matching dollars received for such certified funds.

The Oklahoma Health Care Authority shall apply for federal

matching funds based on the amount of funds certified by the local

health care district for such purposes. The Authority shall not

reduce the amount of disbursements otherwise due to a health care

district based on the health care district’s receipt of the local

area dedicated monies and any attributable federal matching funds;

and

3. Procedures for continuing the Authority’s claims payment

function, pursuant to a draw-down process for funds, for each

Medicaid service within the local health care district.
Okla. Stat. tit. 63, § 63-1-859.1 — OK Code / Title 63 / Section 63-1-859.1
Volunteer program
Status: in_force

The State Department of Health is authorized to create a

volunteer program for long-term care facilities. The Department may

promote, develop, train and manage volunteers related to long-term

care needs.
Okla. Stat. tit. 63, § 63-427.3b — OK Code / Title 63 / Section 63-427.3b
Petty cash fund
Status: in_force

There is hereby created a petty cash fund for the Oklahoma

Medical Marijuana Authority. The fund shall be used by the

Authority to supply its agents with money for undercover operations,

to perform statutory requirements, and to obtain evidence for case

presentations. The amount of the petty cash fund shall be

determined by the Director of the Office of Management and

Enterprise Services and the Executive Director of the Oklahoma

Medical Marijuana Authority. The Director of the Office of

Management and Enterprise Services shall be authorized to prescribe

forms, systems, and procedures for the administration of the petty

cash fund.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1135
Okla. Stat. tit. 63, § 63-1-229.28 — OK Code / Title 63 / Section 63-1-229.28
Definitions
Status: in_force

As used in Sections 59 through 64 of this act:

1. "Alcoholic beverage" means any beverage so defined pursuant

to Section 506 of Title 37 of the Oklahoma Statutes;

2. "Low-point beer" means any beverage so defined pursuant to

Section 163.2 of Title 37 of the Oklahoma Statutes;

3. "Person" means any individual, firm, fiduciary, partnership,

corporation, trust, or association, however formed; and

4. "Proof of age" means a driver license or a card issued for

identification only pursuant to Section 6-105 of Title 47 of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 144

Oklahoma Statutes, or other generally accepted means of

identification that describes the individual as twenty-one (21)

years of age or older and contains a photograph or other likeness of

the individual and appears on its face to be valid.
Okla. Stat. tit. 63, § 63-1055 — OK Code / Title 63 / Section 63-1055
Creation of city and county authorities
Status: in_force

In each city and in each county of the state there is hereby

created a public body corporate and politic to be known as the

"housing authority" of the city or county; provided, that the

authority shall not transact any business or exercise its powers

hereunder until or unless the governing body of the city or county,

as the case may be, by proper resolution declares that there is need

for an authority to function in the city or county.

The governing body shall give consideration as to the need for

an authority (1) on its own motion or (2) upon the filing of a

petition signed by not less than five percent (5%) of the qualified

voters of the city or county, as the case may be, asserting that

there is need for an authority to function in the city or county and

requesting that its governing body so declare.

The governing body shall adopt a resolution declaring there is

need for an authority in the city or county, as the case may be, if

it finds (1) that insanitary or unsafe inhabited dwelling

accommodations exist in the city or county, and (2) that there is a

shortage of safe and sanitary dwelling accommodations in the city or

county available to persons of low income at rentals or prices they

can afford. If the governing body declares a need for housing

exists, as set forth in (1) and (2) of this paragraph, said

governing body shall issue notice of such need and the number of

housing units proposed in a newspaper having a general circulation

in the area in which the need is certified. Such notice shall set

forth the facts that said declaration of need is final, if not

protested within thirty (30) days from date of said notice by the

method provided in the next succeeding paragraph.

Provided, however, that if a petition signed by not less than

five percent (5%) of the legal registered voters of the city or

county affected, as the case may be, is submitted to the governing

body within thirty (30) days of the adoption of said resolution then

said resolution shall be ineffective until approved by a majority of

those voting on the question at a special or general election;

provided that in the event said resolution is not approved by a

majority of those voting at any special or general election, then

the same or a similar resolution shall not be adopted by the

governing body for a period of one (1) year thereafter.

Provided further, however, in all cities and counties of less

than two hundred thousand (200,000) population, according to the

last Federal Decennial Census, all projects not authorized prior to

July 1, 1968, shall be ineffective until approved by a majority of

those voting on the question at a special or general election;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1309

except projects authorized under the provisions of Section 1057 of

this act.

In any suit, action or proceeding involving the validity or

enforcement of or relating to any contract of the authority, an

authority shall be conclusively deemed to have become established

and authorized to transact business and exercise its powers upon

proof of the adoption of the resolution and proof of the approval by

a majority of the voters as herein prescribed. A copy of the

resolution duly certified by the clerk shall be admissible in

evidence in any suit, action or proceeding.
Okla. Stat. tit. 63, § 63-1-1119 — OK Code / Title 63 / Section 63-1-1119
License required - Manufacturers, wholesalers, brokers
Status: in_force

of foods and drugs - Exception.

A. Any manufacturer, wholesaler or broker of food or drugs

doing business in the State of Oklahoma, or bringing into and

offering for sale within the State of Oklahoma any article of food

or drug, shall secure an annual license from the Commissioner of

Health and shall pay for such license a fee, to be fixed by the

State Board of Health; provided, that any individual who meets the

requirements of paragraph 3 of subsection B of Section 1-1118 of

this title shall not be required to obtain any license pursuant to

this section. Unless otherwise provided by rule by the Board, each

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

issuance.

B. Provided, that subsection A of this section shall not apply

to:

1. Brokers who procure the shipment of articles of food or

drugs into the State of Oklahoma directly to the wholesaler without

handling such products themselves, except that such brokers shall

annually list their name and address with the State Department of

Health; and

2. Any person who is licensed by the Board of Pharmacy to

manufacture, make, produce, package, pack, prepare or sell, or offer

for sale, at wholesale or retail, compressed medical gases.Oklahoma Statutes - Title 63. Public Health and Safety Page 19
Okla. Stat. tit. 63, § 63-3101.11 — OK Code / Title 63 / Section 63-3101.11
Acts constituting unprofessional conduct - Acts
Status: in_force

constituting felonies - Sanctions.

A. A physician or other health care provider who willfully

fails to arrange the care of a patient in accordance with Section

3101.9 of this title shall be guilty of unprofessional conduct.

B. A physician who willfully fails to record the determination

of the patient's condition in accordance with Section 3101.7 of this

title shall be guilty of unprofessional conduct.

C. Any person who willfully conceals, cancels, defaces, alters,

or obliterates the advance directive of another without the

declarant's consent, or who falsifies or forges a revocation of the

advance directive of another shall be, upon conviction, guilty of a

Class D3 felony offense and shall be punished by imprisonment as

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

of the Oklahoma Statutes.

D. A person who in any way falsifies or forges the advance

directive of another, or who willfully conceals or withholds

personal knowledge of a revocation as provided in Section 3101.6 of

this title shall be, upon conviction, guilty of a Class D3 felony

offense and shall be punished by imprisonment as provided for in

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

Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1469

E. A person who requires or prohibits the execution of an

advance directive as a condition for being insured for, or

receiving, health care services shall be, upon conviction, guilty of

a Class D3 felony offense and shall be punished by imprisonment as

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

of the Oklahoma Statutes.

F. A person who coerces or fraudulently induces another to

execute an advance directive or revocation shall be, upon

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

punished by imprisonment as provided for in subsections B through F

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

G. The sanctions provided in this section do not displace any

sanction applicable under other law.
Okla. Stat. tit. 63, § 63-4108 — OK Code / Title 63 / Section 63-4108
Failure or refusal to pay tax - Report to Commission -
Status: in_force

Seizure - Hearing - Sale.

A. In any case where the owner of a vessel or motor subject to

the tax levied by the Oklahoma Vessel and Motor Excise Tax Act fails

or refuses to pay the same, after proper demand therefor by an

officer or agent of Service Oklahoma, such officer or agent shall

immediately report such failure to Service Oklahoma and shall, at

the same time in case of failure to pay, seize and hold said vessel

or motor, as provided by law in case of failure to pay the annual

vessel or motor registration fee.

B. Service Oklahoma shall, upon demand of the owner of the

vessel or motor, accord a hearing to said owner as provided by law

and enter its findings and order accordingly. If it is determined

by Service Oklahoma that said tax is due and payable, then it shall

issue its warrant, directly to the sheriff of the county, ordering

and directing the sale of such vessel or motor according to the same

procedure provided by law for the sale of vessels and motors for

failure to pay the required registration fee. Such seizure and sale

may, at the time, include both the registration fee due and the

excise tax levied by the Oklahoma Vessel and Motor Excise Tax Act,

together with all costs of an advertisement and sale. The sale

shall be conducted in the manner provided by law for the sale of

personal property under execution.
Okla. Stat. tit. 63, § 63-1-2604 — OK Code / Title 63 / Section 63-1-2604
Individual policy coverage for prescription drugs for
Status: in_force

cancer treatment or study of oncology - Exclusion prohibited.

No individual policy of accident and health insurance issued

which provides coverage for prescription drugs, nor any group

blanket policy of accident and health insurance issued which

provides coverage for prescription drugs shall exclude coverage of

prescription drugs for cancer treatment or the study of oncology

because the off-label use of such prescription drug has not been

approved by the Federal Food and Drug Administration for that

indication in one of the standard reference compendia, as defined in

paragraph (d) of Section 1-1401 of Title 63 of the Oklahoma

Statutes.

Any coverage of a prescription drug required by this section

shall also include provisions for coverage of medically necessary

services associated with the administration of the prescription

drug.

Nothing in this section shall be construed as altering existing

law with regard to provisions limiting the coverage of prescription

drugs that have not been approved by the Federal Food and Drug

Administration.
Okla. Stat. tit. 63, § 63-1-1708.1I — OK Code / Title 63 / Section 63-1-1708.1I
Expert witnesses – Qualifications
Status: in_force

A. The court shall apply the criteria specified in subsection B

of this section in determining whether an expert is qualified to

offer expert testimony on the issue of whether the defendant health

care provider departed from accepted standards of health care but

may depart from those criteria if, under the circumstances, the

court determines that there is good reason to admit the expert's

testimony. The court shall state on the record the reason for

admitting the testimony if the court departs from the criteria.

B. In determining whether a witness is qualified on the basis

of training or experience, the court shall consider whether, at the

time the claim arose or at the time the testimony is given, the

witness:

1. Is licensed to practice medicine or has other substantial

training or experience, in any area of health care relevant to the

claim; and

2. Is actively practicing or retired from practicing health

care in any area of health care services relevant to the claim.

C. This section shall not prevent a health care provider who is

a defendant, or an employee of the defendant health care provider,

from qualifying as an expert.
Okla. Stat. tit. 63, § 63-2563 — OK Code / Title 63 / Section 63-2563
Use of dollars-per-quality adjusted life year prohibited
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1406

An agency shall be prohibited from developing or employing a

dollars-per-quality adjusted life year, or similar measure that

discounts the value of a life because of an individual's disability,

including age or chronic illness, as a threshold to establish what

type of health care is cost-effective or recommended. An agency

shall be prohibited from utilizing such adjusted life year, or

similar measure, as a threshold to determine coverage,

reimbursement, incentive programs or utilization management

decisions, whether it comes from within the agency or from any third

party.
Okla. Stat. tit. 63, § 63-2864 — OK Code / Title 63 / Section 63-2864
Powers and duties
Status: in_force

The powers and duties of the Oklahoma 9-1-1 Management Authority

created in Section 2863 of this title shall be to:

1. Approve or disapprove the selection of the Oklahoma 9-1-1

Coordinator by majority vote of the members. The Authority shall

direct the Oklahoma 9-1-1 Coordinator to administer grants approved

by the Authority pursuant to this section and perform other duties

as it deems necessary to accomplish the requirements of the Oklahoma

9-1-1 Management Authority Act;

2. Prepare grant solicitations for funding for the purposes of

assisting public agencies with funding for consolidation of

facilities or services, deployment of Phase II technology or

successor technology, development of next-generation 9-1-1 regional

emergency service networks, and for other purposes it deems

appropriate and necessary;

3. Work in conjunction with the Oklahoma Department of

Emergency Management and Homeland Security to create an annual

budget for the Authority, which shall be approved by majority vote

of the members;

4. Direct the Oklahoma Tax Commission to escrow all or any

portion of funds collected pursuant to the Oklahoma 9-1-1 Management

Oklahoma Statutes - Title 63. Public Health and Safety Page 1433

Authority Act attributable to a public agency, if the public agency

fails to:

a. submit or comply with master plans to deliver Next

Generation 9-1-1 (NG9-1-1) services as required by the

Oklahoma 9-1-1 Management Authority Act and approved

by the Authority. Local plans must align with the

State’s Master plan to deploy NG9-1-1,

b. meet standards of the National Emergency Number

Association (NENA) limited to call-taking and caller-

location technology or comply with an improvement plan

to meet such standards as directed by the Authority,

c. submit annual reports or audits as required by the

Oklahoma 9-1-1 Management Authority Act,

d. provide connectivity and interoperability between

state, regional and local next-generation systems, or

e. comply with the requirements of the Oklahoma 9-1-1

Management Authority Act or procedures established by

the Authority;

5. Establish and submit to the Tax Commission a list of

eligible governing bodies entitled to receive 9-1-1 telephone fees

and establish annual population figures and square miles for the

coverage area of the public safety answering points (PSAPs) for the

purpose of distributing fees collected pursuant to Section 2865 of

this title. Distribution of the net monthly revenue from 9-1-1 fees

after the distributions established in Sections 2865, 2866, and 2867

of this title will be provided to eligible governing bodies

established by this section as follows:

a. a flat rate of Three Thousand Dollars ($3,000.00) per

month per PSAP, and

b. from the remaining balance:

(1) ten percent (10%) to be derived by dividing the

land area covered by each public agency’s

response area by the total land area of the

state, and

(2) ninety percent (90%) to be derived by dividing

the population of each public agency’s response

area by the total population of the state using

data from the latest available Census estimates

as of July 1 of each year;

6. Assist any public agency the Authority determines is

performing below NENA standards, as limited by paragraph 4 of this

section, according to the improvement plan required by the Oklahoma

9-1-1 Management Authority Act. The Authority shall establish a

time period for the public agency to come into compliance after

which the Authority shall escrow funds as authorized in this

section. Improvement plans may include consideration and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1434

recommendations for consolidation with other public agencies, and

sharing equipment and technology with other jurisdictions;

7. Require an annual report from public agencies regarding

operations and financing of the public safety answering point (PSAP)

and approve, modify or reject such reports;

8. Conduct and review audits and financial records of the

wireless service providers and review public agencies’ audits and

financial records regarding the collection, remittance and

expenditures of 9-1-1 wireless telephone fees as required by the

Oklahoma 9-1-1 Management Authority Act;

9. Develop a master plan to deploy next-generation 9-1-1

services statewide. This will include the development of

performance criteria critical to the function and performance of

NG9-1-1 networks and systems;

10. Establish rules for interoperability between state,

regional and local NG9-1-1 systems;

11. Facilitate information-sharing among public agencies;

12. Create and maintain best practices databases for PSAP

operations;

13. Encourage equipment- and technology-sharing among all

jurisdictions;

14. Develop training program standards for public safety

telecommunicators for call taking.

Training program standards shall include instruction

on recognizing the need for and delivery of High-

Quality Telecommunicator CPR (T-CPR) that can be

delivered by 9-1-1 public safety telecommunicators for

acute events requiring CPR including, but not limited

to, out-of-hospital cardiac events (OHCA);

15. Mediate disputes between public agencies and other entities

involved in providing 9-1-1 emergency telephone services;

16. Provide a clearinghouse of contact information for

communications service companies and PSAPs operating in this state;

17. Make recommendations for consolidation upon the request of

public agencies;

18. Establish contracts for the necessary equipment and

services to deliver 9-1-1 calls to the public safety answering

points;

19. Establish an eligible use list for 9-1-1 funds; and

20. Take any steps necessary to carry out the duties required

by the Oklahoma 9-1-1 Management Authority Act.
Okla. Stat. tit. 63, § 63-1-1967 — OK Code / Title 63 / Section 63-1-1967
Violations - Equitable relief - Jurisdiction
Status: in_force

The State Department of Health may bring an action in a court of

competent jurisdiction for equitable relief to redress or restrain a

violation by any person of a provision of the Home Care Act or any

rule promulgated pursuant to the provisions of the Home Care Act.

Said court shall have jurisdiction to determine said action, and to

grant the necessary or appropriate relief, including but not limited

to mandatory or prohibitive injunctive relief or interim equitable

relief.
Okla. Stat. tit. 63, § 63-1-818.5 — OK Code / Title 63 / Section 63-1-818.5
Renumbered as § 1430.5 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-106.4 — OK Code / Title 63 / Section 63-1-106.4
Chief Medical Officer
Status: in_force

A. The Chief Medical Officer shall serve at the discretion and

pleasure of the State Commissioner of Health.

B. The Chief Medical Officer must:

1. Be a resident of the State of Oklahoma; and

2. Be licensed and in good standing as a medical doctor or

doctor of osteopathy in Oklahoma.

C. With the approval of the State Commissioner of Health, the

Chief Medical Officer may maintain a clinical practice to retain

expertise and remain current in his or her specialized field.

D. The Chief Medical Officer may:

1. Advise the Commissioner and agency staff in all matters

related to public health and effective delivery of public health

services;

2. Provide professional judgment, medical and public health

guidance to the Commissioner and other department leadership to

ensure that health policy and program resource allocation decisions

are medically appropriate, that timely prevention actions are taken,

Oklahoma Statutes - Title 63. Public Health and Safety Page 77

and that policy reflects sound medical and public health principles

and priorities;

3. Actively participate in the development of the agency

strategic goals and the state public health improvement plan; and

4. Perform other duties as assigned by the Commissioner.
Okla. Stat. tit. 63, § 63-2063b — OK Code / Title 63 / Section 63-2063b
Definitions
Status: in_force

As used in the Oklahoma Community Health Worker Act:

1. “Certified community health worker” means a community health

worker to whom the State Department of Health has issued a

certificate to practice as a certified community health worker in

this state;

2. “Community health worker” means a frontline health worker

who has a shared understanding of and is a trusted member of the

community being served; and

3. “Department” means the State Department of Health.
Okla. Stat. tit. 63, § 63-2-1003 — OK Code / Title 63 / Section 63-2-1003
Review of overdose death certificates
Status: in_force

A. Beginning November 1, 2018, the Center for Health Statistics

of the State Department of Health shall forward to the Office of the

Chief Medical Examiner on a monthly basis, copies of all death

certificates of persons over eighteen (18) years of age received by

the Center for Health Statistics during the preceding month whereby

the cause of death was due to an overdose of licit or illicit drugs

including opioids meeting the Centers for Disease Control and

Prevention guidelines for opioid-related deaths.

B. The Office of the Chief Medical Examiner shall conduct an

initial review of overdose death certificates in accordance with the

criteria established by the Attorney General and refer to the

Attorney General those cases that meet the criteria established by

the Attorney General for specific case review.

C. Upon the request of the Attorney General, every entity

within the medical and law enforcement system shall provide to the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1057

Attorney General any information requested by the Attorney General

relevant to the discharge of his or her duties, unless otherwise

prohibited by state or federal law.
Okla. Stat. tit. 63, § 63-6601 — OK Code / Title 63 / Section 63-6601
Prevention of utilization of nuclear, biological or
Status: in_force

chemical agents – Proper control and treatment of transmissible

diseases – Duty of public health authority.

During a state of catastrophic health emergency, the public

health authority shall use every available means to prevent the

utilization of nuclear, biological, or chemical agents, and to

otherwise ensure that all cases of transmissible disease are subject

to proper control and treatment.
Okla. Stat. tit. 63, § 63-684.6 — OK Code / Title 63 / Section 63-684.6
Licenses and permits
Status: in_force

ARTICLE V

Licenses and Permits

Whenever any person holds a license, certificate, or other

permit issued by any state party evidencing the meeting of

qualifications for professional, mechanical, or other skills, and

when such assistance is requested by the receiving party state, such

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

state requesting assistance to render aid involving such skill to

meet a declared emergency or disaster, subject to such limitations

and conditions as the governor of the requesting state may prescribe

by executive order or otherwise.
Okla. Stat. tit. 63, § 63-2168 — OK Code / Title 63 / Section 63-2168
Statement of benefits arising from donation of blood - Donor forms - Unlawful
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 43Donor forms - Unlawful representations.

A. Every blood service system shall furnish a blood donor,

preceding or at the time of a blood donation, a concise, complete,

written statement as to any benefit which may arise from the

donation of blood. This statement shall include, at least, the

system policy regarding blood replacement, benefits, if any, for

blood program participation and designation of who shall be the

recipient of any such benefits.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1346

B. Every blood service system shall provide a form to the donor

to be filled in by the donor, preceding or at the time of the blood

donation. The form shall provide for the name, address, or location

where the donor may be located for notification pursuant to Section

3 of this act.

C. It shall be unlawful for any blood service system, or its

agent or employee, to make any representation, oral or written, that

a donation of blood will or may result in benefits to the blood

donor or his designee, such as the refund of any fees, blood

credits, family protection and the like, unless such benefits will,

in fact, accrue to the blood donor or his designee.

D. It shall be unlawful for any blood service system, or its

agent or employee, to make any representation, oral or written, that

blood or blood products are or will be provided free if such blood

service system receives any fee or remuneration, whether directly or

indirectly, for providing and/or transfusing blood or blood

products.
Okla. Stat. tit. 63, § 63-1-1022 — OK Code / Title 63 / Section 63-1-1022
Regulation of public pools and spas
Status: in_force

A. The State Department of Health shall regulate public pools

and spas. The Department shall not regulate:

1. Spray pads, spray grounds, or splash pads intended for use

by children in which the water is supplied by a system of sprays and

does not accumulate above ground;

2. Pools located at private residences;

3. Pools run by a homeowner's association where pools or spas

are limited to use by the homeowner group and their nonpaying

guests; and

4. Public or semipublic pools where the main objective is the

external cleansing of the body.

B. The State Commissioner of Health shall promulgate rules for

the safety and sanitation of public pools and spas, fees for

construction permit applications, fees for operation license

applications, fines for violations of safety and sanitation

requirements, and revocation standards for noncompliance.

Municipalities with a population of five thousand (5,000) or less,

according to the latest Federal Decennial Census, shall be charged

no more than Fifty Dollars ($50.00) for construction permit

applications and for operation license applications.

C. All public pool and spa owners shall apply for a

construction permit on a form designated by the State Department of

Health. Pool and spa designs shall be based on the International

Swimming Pool and Spa Code, which may be promulgated into rule by

the State Department of Health. Construction permit applications

shall include plans prepared by a licensed professional engineer.

Pool and spa owners must possess a construction permit from the

State Department of Health prior to beginning construction.

D. Public pools and spas shall be licensed annually by the

Department. Public pool and spa owners shall apply for licensure on

a form designated by the Department.

E. Public pool and spa owners must allow an authorized

representative from the State Department of Health access for the

purposes of an inspection. Public pool and spa owners, managers,

operators, and attendants shall be responsible for maintaining

sanitary and safe conditions. All owners, managers, operators, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 569

attendants in charge of a public pool or spa shall be responsible

for ensuring safety and sanitation requirements are met when

operational. All pool and spa owners shall maintain records

demonstrating compliance and shall provide to the State Department

of Health upon request. The Department shall report any suspected

illegal activity on the premises of licensed public pools and spas

to the appropriate enforcement authority.

F. Every public pool and spa shall be secured for the purposes

of preventing public access during the months in which it is not

operational. Public pools and spas that are out of compliance with

safety and sanitation requirements during three consecutive

inspections shall be considered a public nuisance. These pools

shall be considered permanently closed by the municipality in which

the public pool is located. Permanently closed pools and spas shall

be completely filled in, or fully drained and secured by

constructing or utilizing a barrier adequate for the prevention of

unauthorized persons. Municipalities may secure permanently closed

public pools and spas and charge the costs thereof against the taxes

of the owner. Permanently closed pools and spas fully drained and

secured by a barrier shall complete the initial licensure process

prior to opening to the public. Permanently closed pools that have

been filled in shall be required to complete the construction permit

application process prior to the completion of the initial licensure

application process.
Okla. Stat. tit. 63, § 63-2-413.1 — OK Code / Title 63 / Section 63-2-413.1
Emergency medical assistance – Immunity from
Status: in_force

prosecution.

A. A peace officer shall not take a person into custody based

solely on the commission of an offense involving a controlled

dangerous substance described in subsection B of this section if the

peace officer, after making a reasonable determination and

considering the facts and surrounding circumstances, reasonably

believes that all of the following apply:

1. The peace officer has contact with the person because the

person requested emergency medical assistance for an individual who

reasonably appeared to be in need of medical assistance due to the

use of a controlled dangerous substance; and

2. The person:

a. provided his or her full name and any other relevant

information requested by the peace officer,

b. remained at the scene with the individual who

reasonably appeared to be in need of medical

assistance due to the use of a controlled dangerous

substance until emergency medical assistance arrived,

and

c. cooperated with emergency medical assistance personnel

and peace officers at the scene.

B. A person who meets the criteria of subsection A of this

section is immune from criminal prosecution for possession of a

Schedule I or Schedule II controlled dangerous substance, as listed

in Sections 2-204 and 2-206 of Title 63 of the Oklahoma Statutes,

provided the amount of such controlled dangerous substance does not

constitute trafficking, as provided in subsection C of Section 2-415

of Title 63 of the Oklahoma Statutes, and for possession of drug

paraphernalia associated with a controlled dangerous substance, as

defined in paragraph 36 of Section 2-101 of Title 63 of the Oklahoma

Statutes. Further, a person is only immune from prosecution for the

Oklahoma Statutes - Title 63. Public Health and Safety Page 999

aforementioned offenses if the offense involved a state of

intoxication caused by the use of a controlled dangerous substance

by a person or if the offense involved the person being or becoming

intoxicated as a result of the use of a controlled dangerous

substance by a person.

C. A person may not initiate or maintain an action against a

peace officer or the employing political subdivision of the peace

officer based on the compliance or failure of the peace officer to

comply with the provisions of this section.

D. For the purposes of this section, "peace officer" shall have

the same meaning as defined in Section 99 of Title 21 of the

Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-427.8 — OK Code / Title 63 / Section 63-427.8
Additional rights, restrictions and prohibitions related
Status: in_force

to medical marijuana use and possession.

A. The rights to possess the marijuana products set forth in

Section 420 of Title 63 of the Oklahoma Statutes are cumulative and

a duly licensed individual may possess at any one time the totality

of the items listed therein and not be in violation of this act so

long as the individual holds a valid patient license or caregiver

license.

B. Municipal and county governing bodies may not enact medical

marijuana guidelines which restrict or interfere with the rights of

a licensed patient or caregiver to possess, purchase, cultivate or

transport medical marijuana within the legal limits set forth in

this act or Section 420 et seq. of Title 63 of the Oklahoma Statutes

or require patients or caregivers to obtain permits or licenses in

addition to the state-required licenses provided herein.

C. Nothing in this act or Section 420 et seq. of Title 63 of

the Oklahoma Statutes shall prohibit a residential or commercial

property or business owner from prohibiting the consumption of

medical marijuana or medical marijuana product by smoke or

vaporization on the premises, within the structures of the premises

or within ten (10) feet of the entryway to the premises. However, a

medical marijuana patient shall not be denied the right to consume

or use other medical marijuana products which are otherwise legal

and do not involve the smoking or vaporization of cannabis when

lawfully recommended pursuant to Section 420 of Title 63 of the

Oklahoma Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1145

D. A medical marijuana patient or caregiver licensee shall not

be denied eligibility in public assistance programs including, but

not limited to, Medicaid, Supplemental Nutrition Assistance Program

(SNAP), Women, Infants, and Children Nutrition Program (WIC),

Temporary Assistance for Needy Families (TANF) or other such public

assistance programs based solely on his or her status as a medical

marijuana patient or caregiver licensee, unless required by federal

law.

E. A medical marijuana patient or caregiver licensee shall not

be denied the right to own, purchase or possess a firearm,

ammunition, or firearm accessories based solely on his or her status

as a medical marijuana patient or caregiver licensee. No state or

local agency, municipal or county governing authority shall

restrict, revoke, suspend or otherwise infringe upon the right of a

person to own, purchase or possess a firearm, ammunition, or firearm

accessories or any related firearms license or certification based

solely on their status as a medical marijuana patient or caregiver

licensee.

F. A medical marijuana patient or caregiver in actual

possession of a medical marijuana license shall not be subject to

arrest, prosecution or penalty in any manner or denied any right,

privilege or public assistance, under state law or municipal or

county ordinance or resolution including without limitation a civil

penalty or disciplinary action by a business, occupational or

professional licensing board or bureau, for the medical use of

marijuana in accordance with this act.

G. A government medical assistance program shall not be

required to reimburse a person for costs associated with the medical

use of marijuana unless federal law requires reimbursement.

H. Unless otherwise required by federal law or required to

obtain federal funding:

1. No employer may refuse to hire, discipline, discharge or

otherwise penalize an applicant or employee solely on the basis of

such applicant's or employee's status as a medical marijuana

licensee; and

2. No employer may refuse to hire, discipline, discharge or

otherwise penalize an applicant or employee solely on the basis of a

positive test for marijuana components or metabolites, unless:

a. the applicant or employee is not in possession of a

valid medical marijuana license,

b. the licensee possesses, consumes or is under the

influence of medical marijuana or medical marijuana

product while at the place of employment or during the

fulfillment of employment obligations, or

c. the position is one involving safety-sensitive job

duties, as such term is defined in subsection K of

this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1146

I. Nothing in this act or Section 420 et seq. of Title 63 of

the Oklahoma Statutes shall:

1. Require an employer to permit or accommodate the use of

medical marijuana on the property or premises of any place of

employment or during hours of employment;

2. Require an employer, a government medical assistance

program, private health insurer, worker's compensation carrier or

self-insured employer providing worker's compensation benefits to

reimburse a person for costs associated with the use of medical

marijuana; or

3. Prevent an employer from having written policies regarding

drug testing and impairment in accordance with the Oklahoma

Standards for Workplace Drug and Alcohol Testing Act, Section 551 et

seq. of Title 40 of the Oklahoma Statutes.

J. Any applicant or employee aggrieved by a willful violation

of this section shall have, as his or her exclusive remedy, the same

remedies as provided for in the Oklahoma Standards for Workplace

Drug and Alcohol Testing Act set forth in Section 563 of Title 40 of

the Oklahoma Statutes.

K. As used in this section:

1. "Safety-sensitive" means any job that includes tasks or

duties that the employer reasonably believes could affect the safety

and health of the employee performing the task or others including,

but not limited to, any of the following:

a. the handling, packaging, processing, storage, disposal

or transport of hazardous materials,

b. the operation of a motor vehicle, other vehicle,

equipment, machinery or power tools,

c. repairing, maintaining or monitoring the performance

or operation of any equipment, machinery or

manufacturing process, the malfunction or disruption

of which could result in injury or property damage,

d. performing firefighting duties,

e. the operation, maintenance or oversight of critical

services and infrastructure including, but not limited

to, electric, gas, and water utilities, power

generation or distribution,

f. the extraction, compression, processing,

manufacturing, handling, packaging, storage, disposal,

treatment or transport of potentially volatile,

flammable, combustible materials, elements, chemicals

or any other highly regulated component,

g. dispensing pharmaceuticals,

h. carrying a firearm, or

i. direct patient care or direct child care; and

2. A "positive test for marijuana components or metabolites"

means a result that is at or above the cutoff concentration level

Oklahoma Statutes - Title 63. Public Health and Safety Page 1147

established by the United States Department of Transportation or

Oklahoma law regarding being under the influence, whichever is

lower.

L. All smokable, vaporized, vapable and e-cigarette medical

marijuana product inhaled through vaporization or smoked by a

medical marijuana licensee are subject to the same restrictions for

tobacco under Section 1-1521 of Title 63 of the Oklahoma Statutes,

commonly referred to as the "Smoking in Public Places and Indoor

Workplaces Act".
Okla. Stat. tit. 63, § 63-1-746.2 — OK Code / Title 63 / Section 63-1-746.2
Voluntary and informed consent
Status: in_force

No abortion shall be performed or induced or attempted to be

performed or induced without the voluntary and informed consent of

the female upon whom the abortion is to be performed or induced or

attempted to be performed or induced. Except in the case of a

medical emergency, consent to an abortion is voluntary and informed

if and only if, at least seventy-two (72) hours before the abortion:

1. In the case of a female seeking an abortion of her unborn

child diagnosed with a fetal anomaly incompatible with life, the

female is informed, by telephone or in person, by the physician who

is to perform the abortion or the physician's agent:

a. that perinatal hospice services are available,

b. this service is an alternative to abortion,

c. that she has the right to review the printed materials

described in this section,

d. that these materials are available on a state-

sponsored website, and

e. what the website address is where she can access this

information.

The information required by this paragraph may be provided by a tape

recording if provision is made to record or otherwise register

specifically whether the female does or does not choose to have the

printed materials given or mailed to her;

2. The physician or the physician's agent shall orally inform

the female that the materials have been provided by the State of

Oklahoma and that they list the places which offer perinatal hospice

services both in her state and nationally. If the female chooses to

view the materials other than on the website, they shall either be

given to her at least seventy-two (72) hours before the abortion, or

received by her at least seventy-two (72) hours before the abortion

by certified mail, restricted delivery to addressee, which means the

postal employee can only deliver the mail to the addressee;

3. The female certifies in writing, prior to the abortion, that

the information described in paragraphs 1 and 2 of this section has

been furnished her, and that she has been informed of her

opportunity to review the information referred to in paragraph 2 of

this section; and

4. Prior to the performance of the abortion, the physician who

is to perform the abortion or the physician's agent receives a copy

of the written certification prescribed by paragraph 3 of this

section. This certification shall be maintained in the female

patient's file for not less than five (5) years.

Oklahoma Statutes - Title 63. Public Health and Safety Page 421
Okla. Stat. tit. 63, § 63-1-1928 — OK Code / Title 63 / Section 63-1-1928
Rules and regulations for transfer of residents by
Status: in_force

facility or home.

The Department shall develop reasonable rules and regulations

that establish appropriate criteria for the transfer of residents

initiated by a facility or a residential care home, including notice

and hearings if the resident is aggrieved by the decision. The

primary purpose and emphasis of the departmental rules and

regulations shall be the preservation of the health, welfare, and

safety of the residents.

The process of developing these rules and regulations shall

include the consideration of advice and comments from the Long-Term

Care Facility Advisory Board, representatives of nursing homes,

residential care homes, and representatives of statewide

organizations for the elderly.
Okla. Stat. tit. 63, § 63-1-754 — OK Code / Title 63 / Section 63-1-754
Instructional program for students
Status: in_force

Contingent on the availability of funds being appropriated by

the Legislature specifically for this purpose and pursuant to

Section 5 of this act, the State Department of Education, in

collaboration with the State Department of Health, shall establish

an instructional program for students consistent with the provisions

of the Humanity of the Unborn Child Act. Local school boards may

choose to implement the instructional program established by the

State Department of Health and the State Department of Education

consistent with the provisions of the Humanity of the Unborn Child

Act. For school districts choosing to implement the instructional

program, the content of instruction used by local schools to teach

the humanity of the unborn child shall be at the discretion of the

local school board; provided, the instructional program shall:

Oklahoma Statutes - Title 63. Public Health and Safety Page 437

1. Provide accurate, scientifically verifiable information

concerning the probable anatomical and physiological characteristics

of the unborn child at two-week gestational intervals. The State

Department of Education may utilize as a resource the material

dealing with characteristics of the unborn child created pursuant to

Section 1-738.3 of Title 63 of the Oklahoma Statutes and as located

on the website www.awomansright.org under the link "Characteristics

of the Unborn Child";

2. Include information on accessing prenatal health care;

provided, no program or state employee may refer any student to a

medical facility or any provider for the performance of an abortion;

3. Include no component of human sexuality education other than

those included in science education standards; and

4. Comply with the provisions of the Parents' Bill of Rights,

Section 2001 et seq. of Title 25 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-2258.4 — OK Code / Title 63 / Section 63-2258.4
Renumbered as § 1-2416.1 of this title by Laws 1991, c
Status: in_force

336, § 10, eff. July 1, 1991.
Okla. Stat. tit. 63, § 63-1-2212 — OK Code / Title 63 / Section 63-1-2212
Definitions
Status: in_force

As used in the Long-Term Care Ombudsman Act:

1. “Office” means the Office of the State Long-Term Care

Ombudsman. For purposes of the Long-Term Care Ombudsman Act, any

area or local ombudsman entity designated by the State Long-Term

Care Ombudsman shall be deemed to be a subdivision of this Office;

2. “State Long-Term Care Ombudsman” means the individual

employed by the Office of the Attorney General to be the head of the

Office;

3. “Representative” means the State Long-Term Care Ombudsman,

and any state, area, or local long-term care ombudsman designated by

the State Long-Term Care Ombudsman, whether paid or unpaid; and

4. “Resident” means any person residing in a long-term care

facility.
Okla. Stat. tit. 63, § 63-427.14a — OK Code / Title 63 / Section 63-427.14a
Moratorium on processing and issuing new medical
Status: in_force

marijuana business licenses.

A. Beginning August 1, 2022, and ending August 1, 2026, the

Oklahoma Medical Marijuana Authority shall, based on the number of

current medical marijuana business licenses for dispensaries,

processors, and commercial growers, declare and establish a

moratorium on processing and issuing new medical marijuana business

licenses for dispensaries, processors, and commercial growers. The

Executive Director of the Authority shall be authorized to terminate

the moratorium at any time prior to August 1, 2026, if the Executive

Director determines that all pending licensing reviews, inspections,

or investigations have been completed by the Authority.

B. The provisions of this section shall not apply to the

renewal of a medical marijuana business license for a dispensary,

processor, or commercial grower under the provisions of Section

427.14 of this title or to the issuance of a medical marijuana

business license necessitated by a change in the ownership or

location of a medical marijuana dispensary, medical marijuana

processor, or medical marijuana commercial grower; provided,

however, the Authority shall be authorized to deny the request for

issuance of a medical marijuana business license due to a change in

ownership if the licensee is subject to any disciplinary action that

may necessitate the revocation, suspension, or nonrenewal of the

medical marijuana business license.

C. The Authority shall review and process applications for

medical marijuana business licenses for dispensaries, processors,

and commercial growers if applications were received on or before

August 1, 2022.

D. The Authority shall promulgate rules as necessary to

implement the provisions of this section.
Okla. Stat. tit. 63, § 63-2-428 — OK Code / Title 63 / Section 63-2-428
Joinder of parties - Judgments
Status: in_force

A. Two or more persons may join in one action under this act as

plaintiffs if their respective actions have at least one place of

illegal drug activity in common and if any portion of the period of

illegal drug use overlaps with the period of illegal drug use for

every other plaintiff.

B. Two or more persons may be joined in one action under the

Drug Dealer Liability Act as defendants if those persons are liable

to at least one plaintiff.

C. A plaintiff need not be interested in obtaining and a

defendant need not be interested in defending against all the relief

demanded. Judgment may be given for one or more plaintiffs

according to their respective liabilities.
Okla. Stat. tit. 63, § 63-1-1011 — OK Code / Title 63 / Section 63-1-1011
Health nuisances - Removal - Collection of cost of
Status: in_force

removal.

(a) The local health officer and, if authorized by appropriate

ordinance of the city, the city health officer shall have such

authority as to any private premises within the corporate limits of

the city, and shall have the authority to order the owner or

occupant of any private premises in the county to remove from such

premises, at his own expense, any source of filth, cause of

sickness, condition conducive to the breeding of insects or rodents

that might contribute to the transmission of disease, or any other

condition adversely affecting the public health, within twenty-four

(24) hours, or within such other time as might be reasonable, and a

failure to do so shall constitute a misdemeanor. Such order shall

be in writing and may be served personally on the owner or occupant

of the premises, or authorized agent thereof, or a copy thereof may

be left at the last usual place of abode of such owner, occupant or

agent, if known and within the state. If the premises are

unoccupied and the residence of such owner, occupant or agent is

unknown, or is without the state, such order may be served by

posting a copy thereof on the premises, or by publication in at

least one issue of a newspaper having a general circulation in the

county. In the event of any conflict between the city health

officer and the local health officer of the county, the county shall

prevail.

(b) If such order is not complied with, the local health officer

of the county or of the city may cause the order to be executed and

complied with, and the cost thereof shall be certified to the county

clerk, who shall add the same to the ad valorem taxes assessed

against the property, and such cost shall be a lien against the

property, until paid, and shall be collected in the same manner as

ad valorem taxes against the property, and when collected shall be

paid to the local health officer, county or city, or successor

thereof, issuing the order, for reimbursement of the funds used to

pay such cost.

(c) Cities and towns may enact ordinances providing for

proceedings similar to those authorized by the foregoing provisions

of this section, by city and town officials, and the cost of

removing or abating any such nuisances may be added to municipal

utility bills and collected in the same manner as such bills.

Oklahoma Statutes - Title 63. Public Health and Safety Page 567
Okla. Stat. tit. 63, § 63-1-757.12 — OK Code / Title 63 / Section 63-1-757.12
Enforcement scheme
Status: in_force

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

Licensure and Supervision and the State Board of Osteopathic

Examiners shall develop an enforcement scheme for their licensees to

enforce this act, which includes:

1. When an individual or entity provides abortion-inducing

drugs without first seeking certification under this act, the

appropriate licensing board shall:

a. immediately report the illegal act to local law

enforcement, or other applicable state and local

agencies for investigation or other appropriate

action, where appropriate, and

b. impose a fine of no less than Five Million Dollars

($5,000,000.00) for manufacturers or distributors and

Two Hundred Fifty Thousand Dollars ($250,000.00) for

physicians;

2. When a certified manufacturer, distributor or physician is

determined to be in noncompliance, suspend certification until

compliance is proven to the satisfaction of their licensing board;

3. Where a current or previously certified manufacturer or

distributer is found to have intentionally or knowingly violated

this act, or refuses to bring operations into compliance within

ninety (90) calendar days, remove certification and prohibit

continued provision of abortion-inducing drugs by the manufacturer

or distributor until compliance is demonstrated to the satisfaction

of their licensing board;

4. When a certified manufacturer, distributor or physician is

in noncompliance, suspend all annual recertification until

compliance is demonstrated to the satisfaction of their licensing

board; and

5. Where a current or previously certified manufacturer,

distributor or physician is found to have intentionally or knowingly

violated this act, or refuses to bring operations into compliance:

a. immediately suspend the manufacturer's, distributor's

or physician's certification until full compliance is

demonstrated,

b. for certified manufacturers or distributors, impose

fines of not less than One Million Dollars

($1,000,000.00) per offense, by the State Board of

Pharmacy,

c. for certified physicians, impose fines of not less

than One Hundred Thousand Dollars ($100,000.00) per

offense, by the physician's licensing board,

d. permanently revoke the certification of the offender

if offender fails to demonstrate compliance with their

licensing board within ninety (90) calendar days,

Oklahoma Statutes - Title 63. Public Health and Safety Page 464

e. impose remedial actions, which may include additional

education, additional reporting or other actions as

required by the relevant licensing board,

f. in the case of a manufacturer or distributor,

recommend sanctioning to the appropriate disciplinary

committee of the State Board of Pharmacy,

g. in the case of a physician, report the violation to

the appropriate physician licensing board,

h. publicly report any disciplinary actions, consistent

with the practices of the relevant licensing board,

i. permanently revoke the certification of the offender,

j. in the case of a licensed manufacturer or distributor,

recommend permanent revocation of licensure,

k. in the case of a physician, recommend appropriate

sanctioning to the appropriate physician licensing

board, and

l. publicly report any disciplinary actions consistent

with the practices of the relevant licensing board.

B. Individuals have a Private Right of Action to seek

restitution in any court of law with appropriate jurisdiction for

any and all damages suffered due to a violation of this act.
Okla. Stat. tit. 63, § 63-1-1301.39 — OK Code / Title 63 / Section 63-1-1301.39
Rules, regulations and orders - Waiver on exports
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 604

A. The Department shall make and enforce all rules, regulations

and orders that are necessary to carry out the purposes of this act,

to protect the public health and welfare and to prevent deception or

confusion among consumers; providing the Department shall not make

any rules, regulations, or orders, regarding signs or statements to

be used in food establishments, other than those specifically

required in this act. The Department shall designate the various

Mello-drink products in order to facilitate the adoption and

enforcement of rules, regulations and orders.

B. The Board is hereby authorized and directed to establish, by

regulations, the sanitary requirements for the processing,

manufacturing, distribution and sale of Mello-drink products.

C. Notwithstanding any other provisions of this act to the

contrary, the Board may by regulation waive any of the provisions of

this act as they may apply to Mello-drink products manufactured for

sale and distribution exclusively outside of this state; provided

that the regulations contain provisions ensuring that the products

will not be made available or sold to consumers in this state.
Okla. Stat. tit. 63, § 63-1-738.6 — OK Code / Title 63 / Section 63-1-738.6
Short title
Status: in_force

This act shall be known and may be cited as the "Unborn Child

Pain Awareness/Prevention Act".
Okla. Stat. tit. 63, § 63-1-502.4 — OK Code / Title 63 / Section 63-1-502.4
Notice to funeral director or embalmer of communicable
Status: in_force

disease.

Any hospital, physician or other person who is responsible for

the release of the body of a person who has tested positive for

human immunodeficiency virus (HIV), methicillin-resistant

staphylococcus aureus (MRSA), hepatitis or any other communicable

disease to a funeral director or embalmer who will be preparing the

body for burial or other disposition shall notify, in writing, the

funeral director or embalmer of the positive test upon first call,

as the term is defined by the Funeral Services Licensing Act.
Okla. Stat. tit. 63, § 63-4209.8 — OK Code / Title 63 / Section 63-4209.8
Inspections for purpose of locating stolen vessels and
Status: in_force

related equipment.

Any peace officer of the State of Oklahoma may inspect any

vessel, motor, trailer, or related equipment in any public garage or

repair shop or in any place where such vessel, motor, trailer or

related equipment is being held for sale or wrecking, for the

purpose of locating stolen vessels, motors, trailers, or related

equipment and investigating the title and registration of those

items.
Okla. Stat. tit. 63, § 63-330.62 — OK Code / Title 63 / Section 63-330.62
Renumbered as § 1-1949.5 of this title by Laws 2023, c
Status: in_force

271, § 15, eff. Nov. 1, 2023.
Okla. Stat. tit. 63, § 63-1-562 — OK Code / Title 63 / Section 63-1-562
Definitions
Status: in_force

As used in the Genetic Counseling Licensure Act:

1. “ABGC” means the American Board of Genetic Counseling;

2. “ABMG” means the American Board of Medical Genetics;

3. “General supervision” means the process of a supervisor,

whether licensed as a genetic counselor or a physician, having

overall responsibility to assess the work of a supervisee, including

regular meetings and chart reviews. An annual supervision contract

Oklahoma Statutes - Title 63. Public Health and Safety Page 254

signed by the supervisor and supervisee shall be on file with both

parties; and

4. “Genetic counseling” means a communication process,

conducted by one or more appropriately trained individuals, that

includes:

a. estimating the likelihood of occurrence or recurrence

of a birth defect or of any potentially inherited or

genetically influenced condition. Such assessment may

involve:

(1) obtaining and analyzing a complete health history

of an individual and the individual’s family,

(2) review of pertinent medical records,

(3) evaluation of the risks from exposure to possible

mutagens or teratogens, or

(4) discussion of genetic testing or other valuations

to diagnose a condition or determine the carrier

status of one or more family members,

b. helping an individual, the individual’s family, a

health care provider, or the public to:

(1) appreciate the medical, psychological and social

implications of a disorder including its

features, variability, usual course, and

management options,

(2) learn how genetic factors contribute to the

disorder and affect the chance for recurrence of

the condition in other family members,

(3) understand available options for coping with,

preventing or reducing the chance of occurrence

or recurrence of a condition,

(4) select the most appropriate, accurate and cost-

effective methods of diagnosis, or

(5) understand genetic or prenatal tests, coordinate

testing for inherited disorders, and interpret

genetic test results, and

c. facilitating an individual’s or family’s:

(1) exploration of the perception of risk and burden

associated with a disorder,

(2) decision-making regarding testing or medical

interventions consistent with the individual’s or

family’s beliefs, goals, needs, resources,

culture and ethical or moral views, or

(3) adjustment and adaptation to the condition or the

individual’s or family’s genetic risk by

addressing needs for psychological, social and

medical support.
Okla. Stat. tit. 63, § 63-1-818.27 — OK Code / Title 63 / Section 63-1-818.27
Renumbered as § 1430.27 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-224 — OK Code / Title 63 / Section 63-1-224
Election on constitutional levy
Status: in_force

An election to authorize a levy under the provisions of the

preceding section may be called by the board of county

commissioners, in its official discretion. Such election may also

be called by initiative petition filed with the county clerk, signed

by sixteen percent (16%) of the legal voters of the county, such

percent to be based upon the total number of votes cast at the last

general election in the county for the state office receiving the

highest number of votes at such election in the county. Whenever

the election is called by either method, the board of county

commissioners shall fix the date for the election and shall cause to

be published in at least one issue each week, for four (4) weeks, of

a newspaper having general circulation in the county, a notice

stating that the election has been called, the date and purpose of

the election, and the number of mills on the dollar of assessed

valuation of the county to be voted upon; and the notice may contain

any other information believed appropriate by the board. The

election shall be conducted by the county election board, in the

same manner as elections to select county officers, and the cost of

holding the election shall be paid from county funds. The secretary

of the county election board shall certify the results of the

election to the board of county commissioners, and after receiving

such certification the board of county commissioners shall notify

the county excise board if the levy shall have been approved.
Okla. Stat. tit. 63, § 63-1-818.39 — OK Code / Title 63 / Section 63-1-818.39
Renumbered as § 1430.39 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-2065 — OK Code / Title 63 / Section 63-2065
School Nurse Pilot Program Revolving Fund
Status: in_force

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

fund for the State Department of Health to be designated the "School

Nurse Pilot Program Revolving Fund". The fund shall be a continuing

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

all monies designated for and eligible for deposit under law. All

monies accruing to the credit of said fund are hereby appropriated

and may be budgeted and expended by the State Department of Health

to facilitate the implementation of a pilot program as described in

subsection B of this section including but not limited to the

distribution of such funds through grants administered by the

Department or in coordination with the Department. 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. The State Department of Health shall utilize funds deposited

to the School Nurse Pilot Program Revolving Fund for the purpose of

implementing a pilot program to deliver school nurse services that

address health, mental health, and social services needs of students

and families to promote the ability for students to have the best

opportunity to learn and be successful in their public school

district. Such pilot program shall include the following criteria

and limitations:

1. Encompass a contiguous three-county area with no more than

twenty percent (20%) of the area's school districts having

enrollments greater than three thousand (3,000) weighted average

daily membership as calculated by the State Department of Education

the year of the pilot program's inception; and

2. Have consolidated implementation coordinated by a single

nonprofit provider.

C. The State Department of Health may promulgate rules and

adopt policies and procedures as required to administer the

provisions of this section.
Okla. Stat. tit. 63, § 63-1-1301.40 — OK Code / Title 63 / Section 63-1-1301.40
Penalties
Status: in_force

A. Any person violating any provisions of this act or any rule,

regulation or order adopted in accordance with its provisions is

guilty of a misdemeanor punishable by a fine of not less than One

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

($1,000.00) for each violation or by imprisonment in the county jail

for not to exceed ninety (90) days, or both.

B. Upon failure or refusal of a person to comply with the

provisions of this act or any rule, regulation or order adopted in

accordance with its provisions, the Board or its authorized agent

may file an action in the district court to restrain and enjoin the

person from engaging in further acts violating the provisions of

this act or any rule, regulation or order. The court shall proceed

as in other actions for injunctions. Any person found to be in

contempt of an injunctive order of the court shall be fined not less

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

Dollars ($1,000.00) or be imprisoned in the county jail for not to

exceed ninety (90) days, or both, with each day constituting a

separate contempt.
Okla. Stat. tit. 63, § 63-475 — OK Code / Title 63 / Section 63-475
Contagious disease - Isolation
Status: in_force

Should any prisoners in any county or city jail or holdover

complain of illness, the county or city physician, whose duty it may

be to attend such prisons, shall be summoned, and if such prisoner

should be found to have a contagious disease, he shall be

immediately removed and isolated to some room or place having no

connection with the other prisoners. R.L. 1910 Sec. 6981.
Okla. Stat. tit. 63, § 63-6403 — OK Code / Title 63 / Section 63-6403
Activation of disaster response and recovery aspects of
Status: in_force

emergency plans – Powers of Governor.

A. The declaration of a state of catastrophic health emergency

shall activate the disaster response and recovery aspects of the

state, local, and inter-jurisdictional disaster emergency plans in

the affected political subdivisions or geographic areas. Such

declaration authorizes the deployment and use of any forces to which

the plans apply and the use or distribution of any supplies,

equipment, and materials and facilities assembled, stockpiled, or

available pursuant to this act.

B. During a state of catastrophic health emergency, the

Governor may:

1. Suspend the provisions of any regulatory statute prescribing

procedures for conducting state business, or the orders and rules of

any state agency, to the extent that strict compliance with the same

would prevent, hinder, or delay necessary action (including

emergency purchases) by the public health authority to respond to

the catastrophic health emergency, or increase the health threat to

the population;

2. Utilize all available resources of the state government and

its political subdivisions, as reasonably necessary to respond to

the catastrophic health emergency;

3. Transfer the direction, personnel, or functions of state

departments and agencies in order to perform or facilitate response

and recovery programs regarding the catastrophic health emergency;

4. Mobilize all or any part of the National Guard into service

of the state. An order directing the National Guard to report for

active duty shall state the purpose for which it is mobilized and

the objectives to be accomplished;

5. Provide aid to and seek aid from other states during the

catastrophic health emergency in accordance with any interstate

emergency compact made with this state; and

6. Seek aid from the federal government for the catastrophic

health emergency in accordance with federal programs or

requirements.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1770

C. The public health authority shall coordinate all matters

pertaining to the catastrophic health emergency response of the

state. The public health authority shall have primary jurisdiction,

responsibility, and authority for:

1. Planning and executing catastrophic health emergency

assessment, mitigation, preparedness response, and recovery for the

state;

2. Coordinating catastrophic health emergency response between

state and local authorities during a catastrophic health emergency;

3. Collaborating with relevant federal government authorities,

elected officials of other states, private organizations or

companies during a catastrophic health emergency;

4. Coordinating recovery operations and mitigation initiatives

subsequent to catastrophic health emergencies; and

5. Organizing public information activities regarding

catastrophic health emergency response operations.

D. After the declaration of a state of catastrophic health

emergency, special identification for all public health personnel

working during the catastrophic health emergency shall be issued as

soon as possible. The identification shall indicate the authority

of the bearer to exercise public health functions and emergency

powers during the state of catastrophic health emergency. Public

health personnel shall wear the identification in plain view.
Okla. Stat. tit. 63, § 63-142.4 — OK Code / Title 63 / Section 63-142.4
Filing fees
Status: in_force

A. As provided for in this section, the notification center

shall charge and collect fees from operators filing notices pursuant

to Section 142.3 of this title, except for rural water districts

which have less than one thousand one hundred meters and

municipalities which have a population of less than three thousand

(3,000).

B. Upon the initial filing of a notice or statement and

annually thereafter, a fee shall be collected in a manner as

provided for in Section 142.10 of this title. The fee shall be due

and payable on January 1 of each year. Failure to pay such fee on

or before February 1 of such year shall result in the filing being

void and the notification center shall remove such operator from the

list of operators having underground facilities in the county. Such

operator may thereafter file again pursuant to this act, but only

upon payment to the notification center of the above-specified

initial filing fee and an additional late filing fee of Fifty

Dollars ($50.00).

C. The notification center shall maintain a current list of all

operators on file pursuant to this act and shall make copies of such

list available upon payment of the appropriate fees.
Okla. Stat. tit. 63, § 63-1071 — OK Code / Title 63 / Section 63-1071
Housing bonds, legal investments and security
Status: in_force

The state and all public officers, private citizens, municipal

corporations, political subdivisions, and public bodies, all banks,

bankers, trust companies, savings banks and institutions, building

and loan associations and savings and loan associations, investment

companies, insurance companies, insurance associations and other

persons carrying on a banking or insurance business, and all

executors, administrators, guardians, trustees and other fiduciaries

may legally invest any monies or funds belonging to them or within

Oklahoma Statutes - Title 63. Public Health and Safety Page 1325

their control in any bonds or other obligations issued by a housing

authority created by the Housing Authorities Law of this state or

issued by any public housing authority or agency in the United

States, any of its territories, the District of Columbia, Puerto

Rico, Guam, or the Virgin Islands, when such bonds or other

obligations are secured by a pledge of annual contributions or other

financial assistance to be paid by the United States Government or

any agency thereof, or when such bonds or other obligations are

secured by an agreement between the United States Government or any

agency thereof and the public housing authority or agency in which

the United States Government or any agency thereof agrees to lend to

the public housing authority or agency, prior to the maturity of the

bonds or other obligations, monies in an amount which (together with

any other monies irrevocably committed to the payment of interest on

the bonds or other obligations) will suffice to pay the principal of

the bonds or other obligations with interest to maturity, which

monies under the terms of the agreement are required to be used for

this purpose, and such bonds and other obligations shall be

authorized security for all public deposits and shall be fully

negotiable in this state; it being the purpose of this section to

authorize any of the foregoing to use any funds owned or controlled

by them, including (but not limited to) sinking, insurance,

investment, retirement, compensation, pension and trust funds, and

funds held on deposit, for the purchase of any such bonds or other

obligations: Provided, however, that nothing contained in this

section shall be construed as relieving any person, firm or

corporation from any duty of exercising reasonable care in selecting

securities. The provisions of this section shall apply

notwithstanding any restrictions on investments contained in other

laws.
Okla. Stat. tit. 63, § 63-2255.1 — OK Code / Title 63 / Section 63-2255.1
Renumbered as § 1-2401 of Title 63 by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2401 of Title 63

by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-1-1457 — OK Code / Title 63 / Section 63-1-1457
Fees - Effective period for certification
Status: in_force

A. Certificates to perform medical micropigmentation shall be

valid for one (1) year from the date of issuance.

B. Fees for certification to perform medical micropigmentation

as promulgated by the State Board of Health shall not exceed:

Application for Certification $500.00

Annual Renewal of Certification $100.00

Reinstatement of Certification $375.00

Replacement of Certificate $125.00

C. The State Board of Health shall make recommendations to the

Legislature as to the proper and necessary fees for the regulation

of the performance of medical micropigmentation pursuant to the

Oklahoma Medical Micropigmentation Regulation Act.

D. All fees collected pursuant to the provisions of this

section shall be deposited in the Public Health Special Fund and

shall be used in implementing the provisions of the Oklahoma Medical

Micropigmentation Regulation Act. Excess funds shall be available

to the State Department of Health for expenditures pursuant to

Section 1-107 of Title 63 of the Oklahoma Statutes.

E. Every person holding a current certificate to perform

medical micropigmentation shall display the certificate in a

conspicuous place in the area where medical micropigmentation is

being performed.
Okla. Stat. tit. 63, § 63-1-291.3 — OK Code / Title 63 / Section 63-1-291.3
Veterans Traumatic Brain Injury Treatment and Recovery
Status: in_force

Revolving Fund.

There is hereby created in the State Treasury a revolving

fund for the Department of Veterans Affairs to be designated the

"Veterans Traumatic Brain Injury Treatment and Recovery Revolving

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

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

the Department of Veterans Affairs in the form of donations,

appropriations or other monies for such fund. All monies accruing

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

expended by the Department for the purpose of veterans' treatment as

provided by law. Expenditures from the fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 63, § 63-1-1914.15 — OK Code / Title 63 / Section 63-1-1914.15
Alternative informal dispute resolution -
Status: in_force

Determinations - State survey agency determination - Amended

statement of deficiencies.

A. 1. Upon the conclusion of all arguments by the parties at

the alternative informal dispute resolution, the impartial decision-

making panel shall issue a written statement of findings that shall

be entitled “Determinations”.

2. The determinations shall include:

a. a recitation of the deficiency identification numbers,

b. a statement of whether a disputed deficiency should

remain, be removed, or be modified on the statement of

deficiencies, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 695

c. the facts and persuasive arguments that support the

finding of the impartial decision-making panel for

each deficiency identification number.

B. 1. The determination of the impartial decision-making panel

shall be provided to all parties.

2. The State Department of Health shall review the

determination and shall issue a written document entitled “State

Survey Agency Determination”.

C. A state survey agency determination is not subject to

appeal, reargument, or reconsideration.

D. The Department shall deliver a copy of the state survey

agency determination to the facility and to the impartial decision-

making panel.

E. 1. In accordance with the state survey agency

determination, the Department shall issue an amended state of

deficiencies if the state survey agency determination results in

modification to any deficiencies cited in the original statement of

deficiencies.

2. If the Department determines that amendments to the

statement of deficiencies should result in changes to the scope or

severity assigned to any deficiency, the amended statement of

deficiencies shall reflect the changes to the scope or severity of

any cited deficiency.

F. The amended statement of deficiencies shall be provided to

the facility.
Okla. Stat. tit. 63, § 63-1-546.1 — OK Code / Title 63 / Section 63-1-546.1
Short title – Legislative findings
Status: in_force

A. Sections 1 through 5 of this act shall be known and may be

cited as the "Oklahoma Prenatal Addiction Act."

B. It is the finding of the Oklahoma Legislature that the state

has a substantial interest in protecting children from the harm that

results from the abuse of drugs or alcohol by their mothers during

pregnancy, both for the sake of the child and because of the

potential cost to the state in providing medical and other care to

such children. The Legislature recognizes that the preferable and

most effective means of preventing birth defects and health problems

due to substance abuse by pregnant women is to provide readily

available and accessible prenatal care and appropriate substance

abuse treatment services, but further recognizes that in some

instances it may be necessary to use the authority of the state to

intervene for the purpose of preserving and protecting the health

and well-being of the child.
Okla. Stat. tit. 63, § 63-5051.1 — OK Code / Title 63 / Section 63-5051.1
Recovery from tortfeasors of amounts paid for medical
Status: in_force

expenses of injured and diseased persons - Liens or other legal

action.

A. 1. The payment of medical expenses by the Oklahoma Health

Care Authority for or on behalf of or the receipt of medical

assistance by a person who has been injured, passed away, or who has

suffered a disease as a result of the negligence or act of another

person creates a debt to the Authority, subject to recovery by legal

action pursuant to this section. Damages for medical costs are

considered a priority over all other damages and shall be paid by

the tortfeasor prior to all other damages being allocated or paid.

2. The payment of medical expenses by the Authority for or on

behalf of a person who has been injured or who has suffered a

disease, and either has a claim or may have a claim against an

insurer, to the extent recoverable, creates a debt to the Authority

whether or not such person asserts or maintains a claim against an

insurer:

a. such claim or possible claim cannot be assigned by the

person receiving medical care to any provider, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1741

b. no provider may require assignment of subrogation

rights against any possible liable third party as a

condition for providing medical care.

B. The Authority shall provide notice to all recipients of

medical assistance at the time of application for such assistance of

their obligation to report any claim or action, and any judgment,

settlement or compromise arising from the claim or action, for

injury or illness for which the Authority makes payments for medical

assistance.

C. The recipient of medical assistance from the Authority for

an injury or disease who asserts a claim or maintains an action

against another on account of the injury or disease, or the

recipient's legal representative, shall notify the Authority of the

claim or action and of any judgment, settlement or compromise

arising from the claim or action prior to the final judgment,

settlement or compromise.

D. If the injured or diseased person asserts or maintains a

claim against another person or tortfeasor on account of the injury

or disease, the Authority:

1. Shall have a lien upon payment of the medical assistance to

the extent of the total amount so paid upon that part going or

belonging to the injured or diseased person of any recovery or sum

had or collected or to be collected by the injured or diseased

person up to the amount of the damages for the total medical

expenses, or by the heirs, personal representative or next of kin in

case of the death of the person, whether by judgment or by

settlement or compromise. The lien authorized by this subsection

shall:

a. have priority over all other liens except any lien by

CMS/Medicare and be inferior only to a lien or claim

of the attorney or attorneys handling the claim on

behalf of the injured or diseased person, the heirs or

personal representative,

b. not be applied or considered valid against any

temporary or permanent disability award of the

claimant due under the Workers' Compensation Act,

c. be applied and considered valid as against any insurer

adjudged responsible for medical expenses under the

Workers' Compensation Act, and

d. be applied and considered valid as to the entire

settlement, after the claim of the attorney or

attorneys for fees and costs, unless a more limited

allocation of damages to medical expenses is shown by

clear and convincing evidence;

2. A lien reduction pursuant to Section 994.2 of Title 12 of

the Oklahoma Statutes may be negotiated further by the Authority

Oklahoma Statutes - Title 63. Public Health and Safety Page 1742

provided that the injured person, the personal representative, or

attorney has made a good-faith effort to negotiate a reduction;

3. May take any other legal action necessary to recover the

amount so paid or to be paid to the injured or diseased person or to

the heirs, personal representative or next of kin in case of the

death of the person; and

4. Shall have the right to file a written notice of its lien in

any action commenced by the injured or diseased person.

E. The Authority, to secure and enforce the right of recovery

or reimbursement on behalf of the injured or diseased person, may

initiate and prosecute any action or proceeding against any other

person or tortfeasor who may be liable to the injured or diseased

person, if the injured or diseased person has not initiated any

legal proceedings against the other person or tortfeasor.

F. Any person or insurer that has been notified by the

Authority of a claim of lien authorized by this section and who,

directly or indirectly, pays to the recipient any money as a

settlement or compromise of the recipient's claim arising out of the

injury shall be liable to the Authority for the money value of the

medical assistance rendered by the Authority in an amount not in

excess of the amount to which the recipient was entitled to recover

from the tortfeasor or insurer because of the injury.

G. A Medicaid special needs trust for the purposes of

establishing or maintaining Medicaid eligibility shall not be

approved until such time as the Authority has been made whole and

paid in full for all paid medical claims which are associated with

the action.

H. A Medicaid recipient must notify the Authority prior to a

compromise or settlement against a third party in which the

Authority has provided or has become obligated to provide medical

assistance.

I. As used in this section:

1. "Medical expenses" includes the cost of hospital, medical,

surgical and dental services, care and treatment, rehabilitation,

and prostheses and medical appliances, and nursing and funeral

services;

2. "Person" includes, in addition to an individual, the

guardian of an individual, and the administrator or executor of the

estate of an individual, and a corporation; and

3. "Insurer" means any insurance company that administers

accident and health policies or plans or that administers any other

type insurance policy containing medical provisions, and any

nonprofit hospital service and indemnity and medical service and

indemnity corporation, actually engaged in business in the state,

regardless of where the insurance contract is written, or plan is

administered or where such corporation is incorporated.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1743
Okla. Stat. tit. 63, § 63-3250.1 — OK Code / Title 63 / Section 63-3250.1
Short title
Status: in_force

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

Community Hospitals Public Trust Authorities Act”.
Okla. Stat. tit. 63, § 63-1-746.4 — OK Code / Title 63 / Section 63-1-746.4
Website to provide information
Status: in_force

A. The State Board of Medical Licensure and Supervision shall

develop and maintain a stable Internet website to provide the

information described under Section 2 of this act. No information

regarding who uses the website shall be collected or maintained.

The State Board of Medical Licensure and Supervision shall monitor

Oklahoma Statutes - Title 63. Public Health and Safety Page 422

the website on a daily basis to prevent and correct tampering and

shall immediately notify abortion providers of any change in the

location of the material on its website.

B. The website:

1. Must use enhanced, user-friendly search capabilities to

ensure that the information described in Section 2 of this act is

easily accessible and must be searchable by keywords and phrases,

specifically to ensure that entering the terms "abortion" and "fetal

anomaly" yield the materials described in Section 2 of this act,

regardless of how the materials are labeled;

2. Must ensure that the materials described in Section 2 of

this act are printable;

3. Must give clear prominent instructions on how to receive the

information in printed form; and

4. Must be accessible to the public without requiring

registration or use of a user name, a password or another user

identification.
Okla. Stat. tit. 63, § 63-1-1606 — OK Code / Title 63 / Section 63-1-1606
Prosecutions for violations
Status: in_force

It shall be the duty of each district attorney to whom the State

Commissioner of Health reports any violation of this article to

cause appropriate proceedings to be instituted in the proper courts

without delay and to be prosecuted in the manner required by law.

Before any violation of this article is reported to any district

attorney for the institution of a criminal proceeding, the person

against whom such proceeding is contemplated shall be given

appropriate notice and an opportunity to present his views before

the Commissioner or his designated agent, either orally or in

writing, in person, or by attorney, with regard to such contemplated

proceeding.
Okla. Stat. tit. 63, § 63-1-105e — OK Code / Title 63 / Section 63-1-105e
Duties of Department of Health
Status: in_force

A. The State Department of Health shall:

1. Perform duties and responsibilities as directed by the State

Commissioner of Health to ensure compliance with relevant provisions

of this act;

2. Fix and collect fees for the certification of compliance of

health maintenance organizations pursuant to the provisions of

Section 6907 of Title 36 of the Oklahoma Statutes; and

3. Perform any and all health-related services, within the

scope of practice, as prescribed by state law, by the State Board of

Health, or by standards of care for medical services. When the

Department provides a health-related service to any person covered

by an applicable health insurance plan, the Department may submit a

claim for said service to the appropriate insurance company, health

maintenance organization or preferred provider organization. Upon

receipt of the claim, said insurance company, health maintenance

organization or preferred provider organization shall reimburse the

Department for the service provided in accordance with the standard

and customary rate schedule established by the plan. All health

insurance plans doing business in Oklahoma shall recognize the

public health service delivery model utilized by the Department, as

an appropriate provider of services for reimbursement.

B. All actions of the Department shall be subject to the

provisions of the Administrative Procedures Act.

C. Fees and insurance reimbursement payments collected shall be

deposited in the Public Health Special Fund in the State Treasury.
Okla. Stat. tit. 63, § 63-1-410 — OK Code / Title 63 / Section 63-1-410
Hospitalization and treatment
Status: in_force

When the State Commissioner of Health shall have reasonable

grounds to believe that any person has active tuberculosis disease,

the Commissioner may require isolation, hospitalization or other

confinement for treatment of such person. The State Commissioner of

Health is hereby authorized to contract with any hospital and/or

physician to provide such hospitalization or treatment as required

and shall be exempt from the provisions of the Oklahoma Central

Purchasing Act in contracting for such hospitalization and

treatment, as specified in Section 85.4 of Title 74 of the Oklahoma

Statutes. If any person shall be convicted for a violation of any

of the provisions of Sections 1-402 and 1-403 of this title, then

such person shall be committed by the judge of the district court

for isolation or confinement and treatment in such institution or at

such location or facility as designated by the State Commissioner of

Health.
Okla. Stat. tit. 63, § 63-954 — OK Code / Title 63 / Section 63-954
Chief Medical Examiner Revolving Fund
Status: in_force

A. The Board of Medicolegal Investigations is authorized to

accept grants, gifts, fees or funds from persons, associations,

corporations, or foundations for any purpose authorized by the

Board.

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

fund for the Office of the Chief Medical Examiner to be designated

the "Chief Medical Examiner Revolving Fund". The fund shall be a

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

consist of all moneys received from:

1. Laboratory analysis fees pursuant to the provisions of

Section 1313.2 of Title 20 of the Oklahoma Statutes;

2. Grants, gifts, fees or funds from persons, associations,

corporations or foundations pursuant to this section;

3. Document fees pursuant to the Oklahoma Open Records Act,

Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1302

4. Specimen storage and drug screen service fees pursuant to

the provisions of Section 948 of Title 63; and

5. Cremation, burial at sea or other recognized means of

dissolution permit fees pursuant to Section 1-329.1 of this title.

All monies accruing to the credit of said fund are hereby

appropriated and may be budgeted and expended by the Office of the

Chief Medical Examiner for the duties imposed upon the Board of

Medicolegal Investigations by law. Expenditures from said fund

shall be made upon warrants issued by the State Treasurer against

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

Management and Enterprise Services for approval and payment.
Okla. Stat. tit. 63, § 63-1-757.9 — OK Code / Title 63 / Section 63-1-757.9
Reporting system for certified physicians to report
Status: in_force

annually.

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

State Board of Osteopathic Examiners shall adopt an electronically

based reporting system for certified physicians to report annually

the following:

1. The number of patients served;

2. Age of patients served;

3. Race of patients served;

4. County and state of residence of patients served;

5. If the patient resides outside the United States, city and

country of residence;

6. County and state of service;

7. A list of staff attending patients including licensing

numbers and evidence of other qualifications;

8. Each medication used or provided per patient, by date;

Oklahoma Statutes - Title 63. Public Health and Safety Page 461

9. Any known complications or adverse events, and how they were

addressed, by date; and

10. Unresolved cases.

B. This reporting system shall also be used by emergency

department physicians and private physicians who treat post-abortion

complications.

C. Physicians shall protect from disclosure any personally

identifiable information of the patient in accordance with

applicable federal and state law.

D. A certified physician shall also report to their licensing

board, the State Board of Pharmacy and the Medwatch Reporting System

of the Food and Drug Administration (FDA), any complication or

adverse event as defined according to the FDA criteria given in the

Medwatch Reporting System.

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

State Board of Osteopathic Examiners shall develop a system of

reporting adverse events from the use of abortion-inducing drugs for

this state. The system shall require reporting of complications and

adverse events including, but not limited to:

1. Death;

2. Blood loss including hemorrhage;

3. Infection including sepsis;

4. Blood transfusions;

5. Administer drug for an ectopic pregnancy; and

6. Other adverse effects requiring hospitalization or

additional medical care.

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

State Board of Osteopathic Examiners shall require the following

providers and entities to report complications and adverse events in

writing:

1. Physicians certified to provide abortion-inducing drugs;

2. Emergency room physicians;

3. Any doctor licensed in this state including an

obstetrician/gynecologist who treats women with adverse events;

4. Provision of certification requires that the physician shall

also report adverse events and any patient deaths to the FDA; and

5. Other individuals or entities as determined by the State

Board of Medical Licensure and Supervision or the State Board of

Osteopathic Examiners.
Okla. Stat. tit. 63, § 63-3131.7 — OK Code / Title 63 / Section 63-3131.7
Revocation of consent
Status: in_force

A. At any time, a person under the care of a health care agency

may revoke such person's do-not-resuscitate consent by making an

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

health care provider of a health care agency.

B. At any time, a person not under the care of a health care

agency may revoke such person's do-not-resuscitate consent by

destroying the form and removing all do-not-resuscitate

identification from the person. The person is responsible for

notifying such person's attending physician of the revocation.

C. At any time, the parent or guardian of a minor child, or the

minor child, if capable of doing so and possessing sufficient

understanding and appreciation of the nature and consequences of the

treatment decision despite the minor child's chronological age, may

revoke the do-not-resuscitate consent for the minor child by making

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

other health care provider. The parent or guardian of the minor

Oklahoma Statutes - Title 63. Public Health and Safety Page 1505

child is responsible for notifying the minor child's attending

physician of the revocation.

D. At any time, a representative may revoke the do-not-

resuscitate consent for an incapacitated person under the care of a

health care agency by notifying a physician or other health care

provider of the health care agency of the revocation of consent in

writing or by orally notifying the attending physician.

E. At any time, a representative may revoke the do-not-

resuscitate consent for an incapacitated person not under the care

of a health care agency by destroying the form and removing all do-

not-resuscitate identification from the person. The representative

is responsible for notifying the person's attending physician of the

revocation.

F. The attending physician who is informed of or provided with

a revocation of consent to a do-not-resuscitate order pursuant to

this section shall immediately cancel the order if the person is

under the care of a health care agency and shall notify the health

care providers of the health care agency responsible for the

person's care of the revocation and cancellation. Any professional

staff of the health care agency who is informed of or provided with

a revocation of consent for a do-not-resuscitate order pursuant to

this section shall immediately notify the attending physician of the

revocation.
Okla. Stat. tit. 63, § 63-1-745.34 — OK Code / Title 63 / Section 63-1-745.34
Abortion not to be performed if heartbeat detected
Status: in_force

A. Except as provided by Sections 5 and 6 of this act, a

physician shall not knowingly perform or induce an abortion on a

pregnant woman if the physician detected a fetal heartbeat for the

unborn child as required by Section 3 of this act or failed to

perform a test to detect a fetal heartbeat.

B. A physician shall not be in violation of this section if the

physician performed a test for a fetal heartbeat as required by

Section 3 of this act and did not detect a fetal heartbeat.

Oklahoma Statutes - Title 63. Public Health and Safety Page 403

C. This section shall not affect any provision of state law

that regulates or prohibits abortion including but not limited to

any provision that restricts or regulates an abortion by a

particular method or during a particular stage of pregnancy.
Okla. Stat. tit. 63, § 63-1-1611 — OK Code / Title 63 / Section 63-1-1611
Publication of reports and information
Status: in_force

(a) The State Commissioner of Health may cause to be published,

from time to time, reports summarizing all judgments, decrees, and

court orders which have been rendered under this Article, including

the nature of the charge and the disposition thereof.

(b) The Commissioner may also cause to be disseminated

information regarding hazardous substances which, in the opinion of

the Commissioner, involve imminent danger to health. Nothing in

this section shall be construed to prohibit the Commissioner from

collecting, reporting, and illustrating the results of the

investigations of the Commissioner.
Okla. Stat. tit. 63, § 63-5051.5 — OK Code / Title 63 / Section 63-5051.5
Data files comparisons - File systems maintained by
Status: in_force

insurers - Exchange of information with Authority.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1748

A. 1. On or after November 1, 2003, any entity that provides

health insurance in this state including, but not limited to, a

licensed insurance company, not-for-profit hospital service, medical

indemnity corporation, managed care organization, self-insured plan,

pharmacy benefit manager or other party that is, by statute,

contract, or agreement, legally responsible for payment of a claim

for a health care item or service is hereby required to compare data

from its files with data in files provided to the entity by the

Oklahoma Health Care Authority and accept the Authority’s right of

recovery and the assignment of rights and not charge the Authority

or any of its authorized agents any fees for the processing of

claims or eligibility requests. Data files requested by or provided

to the Authority shall provide the Authority with eligibility and

coverage information that will enable the Authority to determine the

existence of third party coverage for Medicaid recipients and the

necessary information to determine during what period Medicaid

recipients may be or may have been covered by the health insurer and

the nature of the coverage that is or was provided, including the

name, address, and identifying number of the plan.

2. The insurer shall transmit to the Authority, in a manner

prescribed by the Centers for Medicare and Medicaid Services or as

agreed between insurer and the Authority, an electronic file of all

identified subscribers or policyholders, or their dependents, for

whom there is data corresponding to the information contained in

subsection C of this section.

B. 1. An insurer shall comply with a request under the

provisions of this subsection no later than sixty (60) days after

the date of transmission by the Authority and shall only be required

to provide the Authority with the information required by subsection

C of this section.

2. The Authority may make such request for data from an insurer

no more than once every six (6) months, as determined by the date of

the Authority’s original request.

C. Each insurer shall maintain a file system containing the

name, address, group policy number, coverage type, social security

number, and date of birth of each subscriber or policyholder, and

each dependent of the subscriber or policyholder covered by the

insurer, including policy effective and termination dates, claim

submission address, and employer’s mailing address.

D. The Oklahoma Health Care Authority Board shall promulgate

rules governing the exchange of information under this section.

Such rules shall be consistent with all laws relating to the

confidentiality or privacy of personal information or medical

records including, but not limited to, provisions under the federal

Health Insurance Portability and Accountability Act (HIPAA).

Oklahoma Statutes - Title 63. Public Health and Safety Page 1749
Okla. Stat. tit. 63, § 63-948 — OK Code / Title 63 / Section 63-948
Storage of biological specimens - Storage fees - Drug
Status: in_force

screens.

A. The Office of the Chief Medical Examiner (OCME) shall store

biological specimens in the control of the OCME for the potential

purpose of independent analyses in matters of civil law, only upon

receipt of a written request for such storage and payment of a

storage fee. The fee shall be paid by the person requesting storage

to the Office of the Chief Medical Examiner. The Board shall

promulgate rules establishing a fee for storage of such biological

specimens which shall not exceed One Hundred Dollars ($100.00) per

year for a period of time not to exceed five (5) years. All fees

collected pursuant to the provisions of this subsection shall be

deposited to the credit of the Chief Medical Examiner Revolving

Fund.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1297

B. 1. The Office of the Chief Medical Examiner (OCME) is

authorized to perform drug screens on specimens in the custody of

the OCME, provided the request is made by an agency or party

authorized to receive such information. The OCME may limit drug

screens within the technical and physical capabilities of the OCME.

2. The authorization for drug screens shall apply only to

specimens from cases already within the jurisdiction of the OCME and

only when the analyses are deemed by the Chief Medical Examiner or

Deputy Chief Medical Examiner not to conflict with any investigation

of the case by the state.

3. The Board of Medicolegal Investigations shall establish a

fee for drug screen services by rule. All fees collected pursuant

to the provisions of this subsection shall be deposited to the Chief

Medical Examiner Revolving Fund.
Okla. Stat. tit. 63, § 63-1-530 — OK Code / Title 63 / Section 63-1-530
Protection against spread of infection
Status: in_force

(a) Upon receipt of a report of a case of sexually transmitted

infection (STI), the local health officer shall institute measures,

which may include quarantine, for protection of other persons from

infection by a person infected with an STI.

(b) The State Board of Health shall adopt rules and regulations

for the quarantine of persons infected with a sexually transmitted

infection (STI), to prevent the spread of sexually transmitted

infection (STI).

(c) Boards of county commissioners and governing boards of all

incorporated towns and cities may provide suitable places for the

detention of persons who may be subject to quarantine and who should

be segregated.
Okla. Stat. tit. 63, § 63-1-503 — OK Code / Title 63 / Section 63-1-503
Reports of disease
Status: in_force

(A) The State Board of Health shall promulgate rules and

regulations establishing a system of reporting of cases of diseases

diagnosed or detected by practicing physicians and/or clinical

laboratories which come within the purview of this article. A

reporting system established by the Board shall be applicable to

penal and eleemosynary institutions. Failure or refusal to report

diseases as required by the Board shall constitute a misdemeanor.

(b) It shall be the duty of each local health officer to report

the existence of disease in his jurisdiction, as may be required by

rules and regulations of the State Board of Health.
Okla. Stat. tit. 63, § 63-1-1956.7 — OK Code / Title 63 / Section 63-1-1956.7
Residents utilizing existing electronic monitoring
Status: in_force

devices.

Any resident or the representative of the resident utilizing

existing electronic monitoring devices prior to November 1, 2013,

shall comply with all written consent and disclosure provisions of

this act no later than January 1, 2014.
Okla. Stat. tit. 63, § 63-1-1301.31 — OK Code / Title 63 / Section 63-1-1301.31
Legislative intent
Status: in_force

It is the legislative intent of this act to enable a purchaser

at retail level to distinguish between Mello-drink products and

dairy products, by eliminating the deceptive practices in

advertising and promoting Mello-drink products in their unaltered

state, but it is not intended to regulate the use of or sale of such

products by food establishments in the preparation of food.
Okla. Stat. tit. 63, § 63-1-1949.4 — OK Code / Title 63 / Section 63-1-1949.4
Duties of State Department of Health or Commissioner
Status: in_force

The State Department of Health or, as appropriate, the State

Commissioner of Health shall:

1. Develop and apply standards for approval of training and

education programs for long-term care administrators that meet the

accreditation standards of the National Association of Long Term

Care Administrator Boards and approve or offer training and

education programs, or both, as described in subsection F of Section

1-1949.3 of this title;

Oklahoma Statutes - Title 63. Public Health and Safety Page 750

2. Develop, impose, and enforce standards which must be met by

individuals in order to receive a license or certification as a

long-term care administrator, which standards shall be designed to

ensure that long-term care administrators will be individuals who

are of good character and are otherwise suitable, and who, by

training or experience in the field of institutional administration,

are qualified to serve as long-term care administrators;

3. Develop and apply appropriate techniques, including

examinations and investigations, for determining whether an

individual meets such standards;

4. Issue licenses or certifications to individuals determined,

after the application of such techniques, to meet such standards.

The Department may deny an initial application, deny a renewal

application, and revoke or suspend licenses or certifications

previously issued by the Department in any case where the individual

holding any such license or certification is determined

substantially to have failed to conform to the requirements of such

standards. The Department may also warn, censure, impose

administrative fines, or use other remedies that may be considered

to be less than revocation and suspension. Administrative fines

imposed pursuant to this section shall not exceed One Thousand

Dollars ($1,000.00) per violation. The Department shall consider

the scope, severity, and repetition of the violation and any

additional factors deemed appropriate by the Department when issuing

a fine. The Department may utilize one or more administrative law

judges to conduct administrative proceedings;

5. Establish and carry out procedures designed to ensure that

individuals licensed or certified as long-term care administrators

will, during any period that they serve as such, comply with the

requirements of such standards;

6. Receive, investigate, and take appropriate action with

respect to any charge or complaint filed with the Department to the

effect that any individual licensed as a long-term care

administrator has failed to comply with the requirements of such

standards. The Office of the State Long-Term Care Ombudsman shall

be notified of all complaint investigations of the Department so

that they may be present at any such complaint investigation for the

purpose of representing long-term care facility consumers;

7. Receive and take appropriate action on any complaint or

referral received by the Department from the Department of Human

Services or any other regulatory agency. A complaint shall not be

published on the website of the Department unless there is a finding

by the Department that the complaint has merit. The Commissioner

shall promulgate rules that include, but are not limited to,

provisions for:

a. establishing a complaint review process,

b. creating a formal complaint file,

Oklahoma Statutes - Title 63. Public Health and Safety Page 751

c. establishing a protocol for investigation of

complaints, and

d. establishing an independent informal dispute

resolution process in accordance with Section 1-1949.7

of this title;

8. Enforce the provisions of the Long-Term Care Administrator

Licensing Act against all persons who are in violation thereof

including, but not limited to, individuals who are practicing or

attempting to practice as long-term care administrators without

proper authorization from the Department;

9. Conduct a continuing study and investigation of long-term

care facilities and administrators of long-term care facilities

within the state with a view toward the improvement of the standards

imposed for the licensing or certifying of such administrators and

of procedures and methods for the enforcement of such standards with

respect to administrators of long-term care facilities who have been

licensed or certified;

10. Cooperate with and provide assistance when necessary to

state regulatory agencies in investigations of complaints;

11. Develop a code of ethics for long-term care administrators

which includes, but is not limited to, a statement that

administrators have a fiduciary duty to the facility and cannot

serve as guardian of the person or of the estate, or hold a durable

power of attorney or power of attorney for any resident of a

facility of which they are an administrator;

12. Report a final adverse action against a long-term care

administrator to the Healthcare Integrity and Protection Data Bank

pursuant to federal regulatory requirements;

13. Refer completed investigations to the proper law

enforcement authorities for prosecution of criminal activities;

14. Impose administrative fines, in an amount to be determined

by the Commissioner, against persons who do not comply with the

provisions of the Long-Term Care Administrator Licensing Act or the

rules adopted by the Commissioner. Administrative fines imposed

pursuant to this section shall not exceed One Thousand Dollars

($1,000.00) per violation. The Department shall consider the scope,

severity, and repetition of the violation and any additional factors

deemed appropriate by the Department when issuing a fine;

15. Assess the costs of the hearing process, including attorney

fees;

16. Grant short-term provisional licenses to individuals who do

not meet all of the licensing requirements, provided the individual

obtains the services of a currently licensed administrator to act as

a consultant and meets any additional criteria for a provisional

license established by the Commissioner;

Oklahoma Statutes - Title 63. Public Health and Safety Page 752

17. Promulgate rules governing the employment of assistant

administrators including, but not limited to, minimum

qualifications; and

18. Employ such staff as may be necessary to carry out the

duties of the Long-Term Care Administrator Licensing Act.
Okla. Stat. tit. 63, § 63-427.9 — OK Code / Title 63 / Section 63-427.9
Patient license – Verification of need of applicants –
Status: in_force

Disabled veteran reduced fee.

A. The Oklahoma Medical Marijuana Authority may contact the

recommending physician of an applicant for a medical marijuana

patient license or current holder of a medical marijuana patient

license to verify the need of the applicant or licensee for the

license and the information submitted with the application.

B. An applicant for a medical marijuana patient license who can

demonstrate his or her status as a one-hundred-percent-disabled

veteran as determined by the U.S. Department of Veterans Affairs and

codified at 38 C.F.R., Section 3.340(a)(2013) shall pay a reduced

biannual application fee of Twenty Dollars ($20.00). The methods of

payment, as determined by the Authority, shall be provided on the

website. However, the Authority shall ensure that all applicants

have an option to submit the license application and payment by

means other than solely by submission of the application and fee

online.

C. The patient license shall be valid for up to two (2) years

from the date of issuance, unless the recommendation of the

physician is terminated pursuant to the Oklahoma Medical Marijuana

and Patient Protection Act or revoked by the Authority.
Okla. Stat. tit. 63, § 63-1-1110 — OK Code / Title 63 / Section 63-1-1110
Misbranding of food
Status: in_force

A food shall be deemed to be misbranded:

(a) if its labeling is false or misleading in any particular.

(b) if it is offered for sale under the name of another food.

(c) if it is an imitation of another food, unless its label

bears, in type of uniform size and prominence, the word "Imitation"

and immediately thereafter the name of the food imitated.

(d) if its container is so made, formed, or filled as to be

misleading.

(e) if in package form, unless it bears a label containing (1)

the name and place of business of the manufacturer, packer, or

distributor; (2) an accurate statement of the quantity of the

contents in terms of weight, measure, or numerical count; provided,

that under clause (2) of this paragraph reasonable variations shall

be permitted, and exemptions as to small packages shall be

established, by reasonable rules and regulations prescribed by the

State Board of Health.

(f) if any word, statement, or other information required by or

under authority of this article to appear on the label or labeling

is not prominently placed thereon with such conspicuousness (as

compared with other words, statements, designs, or devices, in the

labeling) and in such terms as to render it likely to be read and

understood by the ordinary individual under customary conditions of

purchase and use.

(g) if it purports to be or is represented as a food for which a

definition and standard of identity has been prescribed by

reasonable rules and regulations as provided by Section 1108 of this

article, unless (1) it conforms to such definition and standard, and

(2) its label bears the name of the food specified in the definition

and standard, and, insofar as may be required by such reasonable

rules and regulations, the common names of optional ingredients

(other than spices, flavoring, and coloring) present in such food.

(h) if it purports to be or is represented as:

(1) a food for which a standard of quality has been prescribed

by reasonable rules and regulations as provided by Section 1108 of

this article, and its quality falls below such standard, unless its

label bears, in such manner and form as such reasonable rules and

regulations specify, a statement that it falls below such standard;

or

(2) a food for which a standard or standards of fill of

container have been prescribed by reasonable rules and regulations

as provided by Section 1108 of this article, and it falls below the

standard of fill or container applicable thereto, unless its label

bears, in such manner and form as such reasonable rules and

regulations specify, a statement that it falls below such standard.

(i) if it is not subject to the provisions of paragraph (g) of

this section, unless it bears labeling clearly giving (1) the common

Oklahoma Statutes - Title 63. Public Health and Safety Page 577

or usual name of the food, if any there be, and (2) in case it is

fabricated from two or more ingredients, the common or usual name of

each such ingredient; except that spices, flavorings, and colorings,

other than those sold as such, may be designated as spices,

flavorings, and colorings, without naming each; provided, that to

the extent that compliance with the requirements of clause (2) of

this paragraph is impractical or results in deception or unfair

competition, exemptions shall be established by reasonable rules and

regulations promulgated by the State Board of Health; and provided,

further, that the requirements of clause (2) of this paragraph shall

not apply to any carbonated beverage, the ingredients of which have

been fully and correctly disclosed to the extent prescribed by said

clause (2) to the Board in an affidavit.

(j) if it purports to be or is represented for special dietary

uses, unless its label bears such information concerning its

vitamin, mineral, and other dietary properties as the State Board of

Health determines to be, and by reasonable rules and regulations

prescribed, as necessary in order to fully inform purchasers as to

its value for such uses.

(k) if it bears or contains any artificial flavoring, artificial

coloring, or chemical preservative, unless it bears labeling stating

that fact; provided, that to the extent that compliance with the

requirements of this paragraph is impracticable, exemptions shall be

established by reasonable rules and regulations promulgated by the

State Board of Health.
Okla. Stat. tit. 63, § 63-1-2007 — OK Code / Title 63 / Section 63-1-2007
Renumbered as § 2-7-112 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.

Oklahoma Statutes - Title 63. Public Health and Safety Page 804
Okla. Stat. tit. 63, § 63-1-1990.10 — OK Code / Title 63 / Section 63-1-1990.10
Statewide alert system for critically missing
Status: in_force

adults.

The Department of Public Safety shall develop and implement a

statewide Kasey Alert system to be activated on behalf of a

critically missing adult. The Kasey Alert system shall be developed

in cooperation with the Department of Transportation, the Department

of Human Services, the Oklahoma Department of Emergency Management

and Homeland Security, tribal governments, the Oklahoma Association

of Broadcasters, and any other state or local agency that the

Department of Public Safety deems appropriate. The Kasey Alert

system shall be developed with any coordination, training, and

assistance available from the United States Department of Justice

pursuant to the Ashanti Alert Act of 2018 and the Not Invisible Act

of 2019.
Okla. Stat. tit. 63, § 63-1-260.3 — OK Code / Title 63 / Section 63-1-260.3
Establishment, promotion, and maintenance of
Status: in_force

osteoporosis prevention and treatment education program - Needs

assessment.

The State Department of Health shall establish, promote, and

maintain an osteoporosis prevention and treatment education program

in order to effectuate the purposes of this act as follows:

1. The Department shall use, but is not limited to, the

following strategies for:

Oklahoma Statutes - Title 63. Public Health and Safety Page 162

a. raising public awareness on the causes and nature of

osteoporosis, personal risk factors, value of

prevention and early detection, and options for

diagnosing and treating the disease:

(1) an outreach campaign utilizing print, radio, and

television public service announcements,

advertisements, posters, and other materials,

(2) community forums,

(3) health information and risk factor assessment at

public events,

(4) targeting at-risk populations,

(5) providing reliable information to policymakers,

and

(6) distributing information through county health

departments, schools, area agencies on aging,

employer wellness programs, physicians, hospitals

and health maintenance organizations, women’s

groups, nonprofit organizations, community-based

organizations, and departmental regional offices,

b. educating consumers about risk factors, diet and

exercise, diagnostic procedures and their indications

for use, risks and benefits of drug therapies

currently approved by the U.S Food and Drug

Administration, environmental safety and injury

prevention, and the availability of diagnostic,

treatment, and rehabilitation services:

(1) identify and obtain educational materials,

including brochures and videotapes, which

accurately translate the latest scientific

information on osteoporosis in easy-to-understand

terms,

(2) build a statewide system of resources to provide

information and referral on all aspects of

osteoporosis, including educational materials and

counseling,

(3) establish state linkage with an existing toll-

free hotline for consumers,

(4) facilitate the development and maintenance of

osteoporosis support groups, and

(5) conduct workshops and seminars for lay audiences,

and

c. educating physicians and health professionals and

training community service providers on the most up-

to-date, accurate scientific and medical information

on osteoporosis prevention, diagnosis, and treatment,

therapeutic decision-making, including guidelines for

detecting and treating the disease in special

Oklahoma Statutes - Title 63. Public Health and Safety Page 163

populations, risks and benefits of medications, and

research advances:

(1) identify and obtain education materials for the

health care provider which translates the latest

scientific and medical information into clinical

applications,

(2) raise awareness among physicians and health and

human services professionals as to the importance

of osteoporosis prevention, early detection,

treatment, and rehabilitation,

(3) identify and use available curricula for training

health and human service providers and community

leaders on osteoporosis prevention, detection,

and treatment,

(4) provide workshops and seminars for in-depth

professional development in the field of the care

and management of the patient with osteoporosis,

and

(5) conduct a statewide conference on osteoporosis at

appropriate intervals;

2. a. The Department shall conduct a needs assessment to

identify:

(1) research being conducted within the state,

(2) available technical assistance and educational

materials and programs nationwide,

(3) the level of public and professional awareness

about osteoporosis,

(4) the needs of osteoporosis patients, their

families, and caregivers,

(5) needs of health care providers, including

physicians, nurses, managed care organizations,

and other health care providers,

(6) the service available to the osteoporosis

patient,

(7) existence of osteoporosis treatment programs,

(8) existence of osteoporosis support groups,

(9) existence of rehabilitation services, and

(10) number and location of bone density testing

equipment.

b. Based on the needs assessment, the Department shall

develop and maintain a list of osteoporosis-related

services and osteoporosis health care providers with

specialization in services to prevent, diagnose, and

treat osteoporosis. This list shall be disseminated

with a description of diagnostic testing procedures,

appropriate indications for their use, drug therapies

currently approved by the U.S. Food and Drug

Oklahoma Statutes - Title 63. Public Health and Safety Page 164

Administration, and a cautionary statement about the

current status of osteoporosis research, prevention,

and treatment. Such cautionary statement shall also

indicate that the Department does not license,

certify, or in any way approve osteoporosis programs

or centers in the state.
Okla. Stat. tit. 63, § 63-2258 — OK Code / Title 63 / Section 63-2258
Renumbered as § 1-2414 of this title by Laws 1990, c
Status: in_force

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

Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-3281 — OK Code / Title 63 / Section 63-3281
Issuance of bonds - Approval of Attorney General
Status: in_force

Before any bond shall be issued and delivered by the Oklahoma

State University Medical Authority, a certified copy of the

proceedings for the issuance thereof, together with any other

information which the Attorney General of the State of Oklahoma may

require as the Bond Commissioner of the State of Oklahoma, shall be

submitted to the Attorney General. If the Attorney General shall

find that such bonds have been issued in accordance with law, he

shall approve such bonds and execute a certificate to that effect.

The Attorney General shall file such certificates in the office of

the State Auditor and Inspector, and the certificates shall be

recorded in a record kept for that purpose. All bonds approved by

Oklahoma Statutes - Title 63. Public Health and Safety Page 1588

the Attorney General, and issued in accordance with the approved

proceedings, shall be valid and binding obligations of the Authority

and shall be incontestable for any course from and after the date of

such approval.
Okla. Stat. tit. 63, § 63-1-818.8 — OK Code / Title 63 / Section 63-1-818.8
Renumbered as § 1430.8 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-102 — OK Code / Title 63 / Section 63-1-102
Definitions of terms used in Code
Status: in_force

As used in this Code, unless the context requires otherwise:

(a) The term "Board" means the State Board of Health.

(b) The term "Department" means the State Department of Health.

(c) the term "Commissioner" means the State Commissioner of

Health.

(d) The term "local health officer" means the County

Superintendent of Health of a county, or the Medical Director of a

County Department of Health, District Department of Health or

Cooperative Department of Health.

(e) The term "person" means any individual, corporation,

company, firm, partnership, association, trust, state agency,

governmental instrumentality or agency, institution, county, city,

town or municipal authority or trust.
Okla. Stat. tit. 63, § 63-1-1950.7 — OK Code / Title 63 / Section 63-1-1950.7
Nontechnical services worker abuse registry
Status: in_force

A. The State Department of Health shall establish a registry

for those nontechnical services workers that have been noted to have

committed abuse, verbal abuse, or exploitation of a resident in a

nursing facility.

B. The State Board of Health shall promulgate rules to

establish and maintain the nontechnical services worker abuse

registry. Such rules may include, but need not be limited to:

1. A procedure for notation in the abuse registry of a final

State Department of Health investigative finding or an

Administrative Law Judge finding of abuse, verbal abuse, or

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

43A of the Oklahoma Statutes, of an individual by a nontechnical

services worker;

2. A procedure for notice and due process for a nontechnical

services worker or applicant before the entering of such person's

name in the abuse registry as having a final Department

investigative finding or Administrative Law Judge finding of abuse,

verbal abuse, or exploitation of an individual; and

3. Disclosure requirements for information in the abuse

registry.

C. The nontechnical services worker abuse registry shall

include, but not be limited to, the following information on each

nontechnical services worker:

1. The individual's full name;

2. Information necessary to identify each individual;

3. The date the individual's name was placed in the abuse

registry; and

4. Information on any final Department investigative finding or

Administrative Law Judge finding of abuse, verbal abuse or

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

43A of the Oklahoma Statutes, concerning the nontechnical services

worker.

D. A nontechnical services worker or applicant who is adversely

affected by an Administrative Law Judge finding of abuse, verbal

abuse or exploitation of an individual may seek judicial review

pursuant to the provisions of Article II of the Administrative

Procedures Act. The finding of the Administrative Law Judge may be

appealed to the district court in which the nontechnical services

worker or applicant resides within thirty (30) days of the date of

the decision. A copy of the petition shall be served by mail upon

the general counsel of the Department.

Oklahoma Statutes - Title 63. Public Health and Safety Page 767
Okla. Stat. tit. 63, § 63-1-1118.1 — OK Code / Title 63 / Section 63-1-1118.1
Unattended food establishments – Criteria - Permits
Status: in_force

A. As used in this section:

1. "Unattended food establishment" means an operation that

provides packaged foods or whole fruit using an automated payment

system and has controlled entry not accessible by the general

public. An unattended food establishment shall not be considered a

food establishment as used in Section 1-1118 of Title 63 of the

Oklahoma Statutes; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 583

2. "Controlled entry" means selective restriction or limitation

of access to a place or location.

B. The State Department of Health shall create a permit for

unattended food establishments and establish criteria and a

procedure for approval or denial of such permits. No unattended

food establishment shall operate until the establishment has

obtained a permit.

C. The unattended food establishment shall be located in the

interior of a building that is not accessible by the general public.

Access to the establishment shall be limited to a defined

population, including but not limited to employees or occupants of

the building where the establishment is located.

D. 1. Only commercially packaged foods properly labeled for

individual retail sale, which meet the definition of "packaged and

labeled" under Section 3-201.11(C) of the Food and Drug

Administration (FDA) Food Code, shall be offered.

2. No unpackaged food shall be permitted except as provided by

Section 3-302.11(B)(1) of the FDA Food Code.

3. Food shall be such that preparation by consumers is limited

to heating or reheating food in a microwave oven.

4. No bulk food may be offered for sale.

5. Beverages may be dispensed by individual serving only.

E. An unattended food establishment shall be equipped with

refrigeration or freezer units that have the following features:

1. Self-closing doors that allow food to be viewed without

opening the door to the refrigerated cooler or freezer; and

2. Automatic self-locking mechanism that prevents the consumer

from accessing the food upon the occurrence of any condition that

results in the failure of the refrigeration unit to maintain the

internal product temperature specified under Section 3-501.16(A) of

the FDA Food Code; or

3. Freezer unit to maintain the product frozen, if the

establishment contains frozen food.

F. 1. Multi-use, food-contact surfaces shall be cleaned on the

frequency consistent with the service under Section 4-202.11 of the

FDA Food Code, or shall be easily removable and replaced with

cleaned surfaces.

2. No multi-use food-contact surfaces shall be used for foods

that require time and temperature control for safety (TCS).

G. 1. a. An unattended food establishment shall provide

continuous video surveillance of areas where consumers

view, select, handle and purchase products that

provides sufficient resolution to identify situations

that may compromise food safety or food defense.

b. Video surveillance recordings shall be maintained and

made available for inspection upon request by a

representative of the State Department of Health or

Oklahoma Statutes - Title 63. Public Health and Safety Page 584

another applicable regulatory agency within twenty-

four (24) hours of such request.

c. Video surveillance recordings shall be held by the

establishment for a minimum of fourteen (14) calendar

days after the date of the surveillance.

2. The permit holder shall take reasonable steps necessary to

discourage individuals from returning food or beverages that have

not been selected for purchase.

H. 1. The permit holder shall service the unattended food

establishment on a scheduled basis and at a frequency acceptable to

the State Department of Health. Service may include, but is not

limited to, the following:

a. checking food supplies and equipment for signs of

product damage and tampering,

b. verifying refrigeration equipment is operating

properly, including the temperature display and self-

locking mechanism,

c. rotating foods to better ensure first-in/first-out of

food items,

d. cleaning food service equipment and food display

areas,

e. stocking food and disposable single-use and single-

service supplies, and

f. checking inventory for recalled foods.

2. The permit holder shall ensure that:

a. food is from an approved source,

b. packaged food is provided in tamper-evident packaging,

c. food is protected from potential sources of cross-

contamination, and

d. food is maintained at safe temperatures during

transport and display.

I. The unattended food establishment shall have a sign readily

visible at the automated payment station stating:

1. The name and mailing address of the business entity

responsible for the establishment and to whom complaints and

comments should be addressed; and

2. The telephone, email or web information for the responsible

business entity, when applicable.

J. The permit holder bears all responsibilities for the

operation of the unattended food establishment. If the permit

holder is not the owner or operator of the building where the food

establishment is located, a mutual agreement may be approved by the

State Department of Health that outlines the responsibilities for

cleaning and maintenance of all surfaces and equipment, provision of

supportive facilities or services such as janitorial and restroom

facilities, pest control and removal of solid waste. This agreement

Oklahoma Statutes - Title 63. Public Health and Safety Page 585

shall also outline what actions must be taken by both parties to

maintain the establishment in compliance with all requirements.

K. The State Department of Health shall establish an annual fee

structure for unattended food establishments, not to exceed One

Hundred Fifty Dollars ($150.00) per location.

L. An unattended food establishment shall obtain an Oklahoma

sales tax permit prior to conducting any sales, and shall collect

and remit state sales tax as provided for in the Sales Tax Code.

M. The State Commissioner of Health shall promulgate such rules

as are necessary to implement the provisions of this section.
Okla. Stat. tit. 63, § 63-1076 — OK Code / Title 63 / Section 63-1076
Aid from federal government
Status: in_force

In addition to the powers conferred upon an authority by other

provisions of this act, an authority is empowered to borrow money or

accept contributions, grants, or other financial assistance from the

federal government for or in aid of any project or related

activities concerning health, environmental and similar problems of

persons of low income, to take over or lease or manage any project

or undertaking constructed or owned by the federal government and,

to these ends, to comply with such conditions and enter into such

contracts, covenants, trust indentures, leases or agreements as may

be necessary, convenient or desirable. It is the purpose and intent

of this act to authorize any authority to do any and all things

necessary or desirable to secure the financial aid or cooperation of

the federal government in the provision of decent, safe, and

sanitary dwellings and maintaining a wholesome living environment

for persons of low income by the authority. To accomplish this

purpose an authority, notwithstanding the provisions of any other

law, may include in any contract for financial assistance with the

federal government any provisions which the federal government may

require as conditions to its financial aid not inconsistent with the

purposes of this act.
Okla. Stat. tit. 63, § 63-1-316 — OK Code / Title 63 / Section 63-1-316
New certificate of birth
Status: in_force

A. The State Commissioner of Health shall establish a new

certificate of birth for a person born in this state, when the

Commissioner receives the following:

1. An adoption certificate as provided in the Oklahoma Adoption

Code, or a certified copy of the decree of adoption together with

the information necessary to identify the original certificate of

birth and to establish a new certificate of birth; except that a new

Oklahoma Statutes - Title 63. Public Health and Safety Page 184

certificate of birth shall not be established if so requested by the

court decreeing the adoption, the adoptive parents or the adopted

person; and

2. A request that a new certificate be established and such

evidence as required by regulation proving that such person has been

legitimated, or that a court of competent jurisdiction has

determined the paternity of such a person.

B. When a new certificate of birth is established, the actual

place and date of birth shall be shown. It shall be substituted for

the original certificate of birth:

1. Thereafter, the original certificate and the evidence of

adoption, paternity or legitimation shall not be amended, nor shall

it be subject to inspection except upon order of a court of

competent jurisdiction or as otherwise specifically provided by law;

and

2. Upon receipt of notice of annulment of adoption, the

original certificate of birth shall be restored to its place in the

files and the new certificate and evidence shall not be subject to

inspection except upon order of a court of competent jurisdiction.

The original certificate shall be restored and may be amended in

accordance with Section 1-321 of this title.

C. Beginning on the effective date of this act, the biological

sex designation on a new certificate of birth issued 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, § 63-685.2 — OK Code / Title 63 / Section 63-685.2
Findings and declarations
Status: in_force

Because of the existing possibility of natural and man-made

emergencies and disasters in the United States of unprecedented size

and destructiveness, and in the event such an incident occurs: to

assure continuity of government through legally-constituted

leadership, authority and responsibility in offices of the

government of the state and its political subdivisions; to provide

for the effective operation of governments during an emergency

caused by an incident in the United States; and to facilitate the

early resumption of functions temporarily suspended, it is found and

declared to be necessary: to provide for additional officers who

can exercise the powers and discharge the duties of Governor; to

provide for emergency interim succession to governmental offices of

this state and its political subdivisions in the event incumbents

thereof (and their deputies, assistants or other subordinate

officers authorized, pursuant to law, to exercise all of the powers

and discharge the duties of such offices hereinafter referred to as

deputies) are unavailable to perform the duties and functions of

such offices; and to provide for special emergency judges who can

exercise the powers and discharge the duties of judicial offices in

the event regular judges are unavailable, the provisions of this act

are adopted to meet emergency conditions, which result from natural

and man-made emergencies and disasters in the United States.
Okla. Stat. tit. 63, § 63-3219 — OK Code / Title 63 / Section 63-3219
Investment in bonds issued pursuant to this act - Use as
Status: in_force

collateral security.

Bonds issued pursuant to provisions of the University Hospitals

Authority Act are hereby made securities in which all public

officers and public boards, agencies and instrumentalities of the

state and its political subdivisions, all banks, trust companies,

trust and loan associations, investment companies, and others

carrying on a banking business, and all insurance companies and

insurance associations, and others carrying on an insurance

business, may legally and properly invest. Such bonds are also

approved as collateral security for the deposit of any public funds

and for the investment of trust funds.
Okla. Stat. tit. 63, § 63-313A — OK Code / Title 63 / Section 63-313A
Definitions
Status: in_force

A. As used in this section:

1. a. "Health benefit plan" means a plan that:

(1) provides benefits for medical or surgical

expenses incurred as a result of a health

condition, accident, or sickness, and

(2) is offered by any insurance company, group

hospital service corporation, the State and

Education Employees Group Insurance Board, or a

health maintenance organization that delivers or

issues for delivery an individual, group,

blanket, or franchise insurance policy or

insurance agreement, a group hospital service

Oklahoma Statutes - Title 63. Public Health and Safety Page 1091

contract, or an evidence of coverage, or, to the

extent permitted by the Employee Retirement

Income Security Act of 1974, 29 U.S.C., Section

1001 et seq., by a multiple employer welfare

arrangement as defined in Section 3 of the

Employee Retirement Income Security Act of 1974,

or any other analogous benefit arrangement,

whether the payment is fixed or by indemnity.

b. "Health benefit plan" shall not include:

(1) a plan that provides coverage:

(a) only for a specified disease or diseases or

under an individual limited benefit policy,

(b) only for accidental death or dismemberment,

(c) for dental or vision care,

(d) a hospital confinement indemnity policy,

(e) disability income insurance or a combination

of accident-only and disability income

insurance, or

(f) as a supplement to liability insurance,

(2) a Medicare supplemental policy as defined by

Section 1882(g)(1) of the Social Security Act (42

U.S.C., Section 1395ss),

(3) worker's compensation insurance coverage,

(4) medical payment insurance issued as part of a

motor vehicle insurance policy,

(5) a long-term care policy, including a nursing home

fixed indemnity policy, unless a determination is

made that the policy provides benefit coverage so

comprehensive that the policy meets the

definition of a health benefit plan, or

(6) short-term health insurance issued on a

nonrenewable basis with a duration of six (6)

months or less; and

2. "Prior authorization" means a utilization management

criterion utilized to seek permission or waiver of a drug to be

covered under a health prior authorization.

B. Notwithstanding any other provision of law to the contrary,

in order to establish uniformity in the submission of prior

authorization forms, on or after January 1, 2014, a health benefit

plan shall utilize prior authorization forms for obtaining any prior

authorization for prescription drug benefits. A form shall not

exceed three pages in length, excluding any instructions or guiding

documentation and a health benefit plan may customize the content of

the form specific to the prescription drug for which the prior

authorization is being requested. A health benefit plan may make

the form accessible through multiple computer operating systems.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1092

Additionally, upon request, the health benefit plan shall make a

copy of the form available to the Insurance Commissioner.
Okla. Stat. tit. 63, § 63-2073 — OK Code / Title 63 / Section 63-2073
Educational materials and information - Physician to
Status: in_force

direct.

The family planning centers shall furnish educational materials

and information with respect to achieving a planned parenthood,

including advice as to contraceptive practices, medical surgery

devices and pharmaceuticals. These centers are authorized to carry

out clinical activities incident to child spacing, including medical

examinations, insertion of contraceptive devices, prescription of

pharmaceuticals, and may furnish drugs and devices to eligible

persons. The family planning centers shall be under the direction

of a physician, licensed by the State of Oklahoma to practice

medicine.
Okla. Stat. tit. 63, § 63-1-315 — OK Code / Title 63 / Section 63-1-315
Judicial proceeding for record of birth
Status: in_force

(a) Any citizen of the United States who has resided in this

state for not less than ten (10) years, the last three (3) of which

must have been continuous within this state and the last one (1) of

which must have been continuous within the county of his

Oklahoma Statutes - Title 63. Public Health and Safety Page 182

application, the birth of whom has not been recorded by the State

Commissioner of Health, or his predecessor, may petition the

district court of the county in which he resides or was born for an

order establishing a public record of the time and place of his

birth and his parentage. He may have the record of such information

entered in the following manner: Such applicant may appear before a

judge of the district court in the county of which he is a resident

and file his verified petition in writing, which petition shall

state the time and place of his birth and his parentage and such

other facts as he deems pertinent; the petition shall be filed in

the office of the court clerk and given a number in the probate

files thereof; thereupon the applicant shall produce all the

evidence he has in his possession, which may consist of personal

testimony, affidavits or records, and shall include a statement from

the State Commissioner of Health, or similar official in the state

of applicant's birth, to the effect that a birth certificate is not

recorded in his office; and if the judge of the district court shall

be satisfied with the proof offered, he shall make and enter an

order establishing the time and place of birth, the age and the

parentage of the applicant, which order shall be final and

conclusive of all the facts therein adjudged.

(b) A certified copy of the order shall be filed in the office

of the State Commissioner of Health, and a certified copy thereof

shall be issued by the Commissioner in the same manner as

certificates of birth.
Okla. Stat. tit. 63, § 63-1-830.1 — OK Code / Title 63 / Section 63-1-830.1
Participation in dispute resolution panels
Status: in_force

A. Upon written request to the State Department of Health, a

residential care home as defined by the Residential Care Act may

choose to participate in an informal dispute resolution panel or an

alternate dispute resolution panel. Such request shall be made

within thirty (30) days of the receipt of a Statement of

Deficiencies from the Department.

B. The informal dispute resolution process provided by

subsection A of this section shall be the same as that provided by

Sections 1-1914.3 through 1-1914.10 of Title 63 of the Oklahoma

Statutes.

C. The alternate informal dispute resolution process provided

by subsection A of this section shall be the same provided by

Oklahoma Statutes - Title 63. Public Health and Safety Page 483

Sections 1-1914.13 through 1-1914.16 of Title 63 of the Oklahoma

Statutes.

D. The State Department of Health shall appoint the informal

dispute resolution panel, to be comprised of the following impartial

members:

1. Two members who are representative volunteers with

experience in the operation of a residential care home;

2. One member that is an employee of the Department with

experience in residential care home surveys;

3. One representative from the aging and disabled community but

not representing a state agency; and

4. One member who is a lay member and is not employed by the

Department.

E. The State Board of Health shall promulgate rules to

implement the provisions of this act.
Okla. Stat. tit. 63, § 63-2555 — OK Code / Title 63 / Section 63-2555
Medical practitioners - Duties - Liability
Status: in_force

A. A medical practitioner, in discharging his duty to a

disabled person whom he has undertaken to examine or treat, shall

make a reasonable search for an identifying device or identification

card of the type described in subsection B, Section 3 of this act,

and examine them for emergency information.

B. A cause of action against a medical practitioner does not

arise from his making a reasonable search of a disabled person to

locate an identifying device or identification card, even though the

person is not wearing an identifying device or carrying an

identification card.
Okla. Stat. tit. 63, § 63-2-429 — OK Code / Title 63 / Section 63-2-429
Comparative responsibility - Burden and standard of
Status: in_force

proof.

A. An action by an individual drug user is governed by the

principles of comparative responsibility. Comparative

responsibility attributed to the plaintiff does not bar recovery but

diminishes the award of compensatory damages proportionally,

according to the measure of responsibility attributed to the

plaintiff.

B. The burden of proving the comparative responsibility of the

plaintiff is on the defendant, which shall be shown by clear and

convincing evidence.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1012

C. Comparative responsibility shall not be attributed to a

plaintiff who is not an individual drug user.
Okla. Stat. tit. 63, § 63-5004 — OK Code / Title 63 / Section 63-5004
Short title
Status: in_force

Sections 1 through 14 of this act shall be known and may be

cited as the "Oklahoma Health Care Authority Act".
Okla. Stat. tit. 63, § 63-1-529 — OK Code / Title 63 / Section 63-1-529
Investigations by health officers
Status: in_force

All local health officers shall use every available means to

ascertain the existence of, and to investigate all cases of,

sexually transmitted infection (STI) within their respective

jurisdictions, and to ascertain the sources of such infections; and

shall make examination of any person reported two or more times as a

suspected source of an STI.
Okla. Stat. tit. 63, § 63-3102.1 — OK Code / Title 63 / Section 63-3102.1
Advance directives registry database
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1472

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 registry by or with the

authorization of those executing the advance directives.

B. The registry shall be maintained in a secure database that

is designed to provide access to each advance directive filed in the

database by the person who executed the advance directive, those

named as agents in the advance directive, any person related within

the fourth degree of consanguinity or affinity to the person who

executed the advance directive, or a health care provider caring for

the person who executed the advance directive.

C. The State Department of Health may enter into contracts with

private vendors to obtain the services necessary to meet the

requirements of the Oklahoma Advance Directive Act. Any costs to

the public to access the registry shall be negotiated in the

contracts provided for in this paragraph.