Okla. Stat. tit. 63, § 63-1-822 — OK Code / Title 63 / Section 63-1-822
Application for license - Fee - Information required -
Status: in_force

Qualifications - Issuance of license - Expiration - Modification -

Renewal.

A. An application for a license, or renewal thereof, to

establish or operate a residential care home shall be accompanied by

a fee of Fifty Dollars ($50.00) for the probationary license and

Twenty-five Dollars ($25.00) per year for the renewal license. The

fee shall not be refunded. Except as provided for in Section 1-824

of this title, a license shall expire thirty-six (36) months from

the date of issuance, unless sooner revoked, and may be renewed by

the State Department of Health pursuant to the provisions of the

Residential Care Act. Renewal licenses may be issued for a period

of more than twenty-four (24) months, but not more than thirty-six

(36) months, for the license period immediately following November

1, 2021, in order to permit an equitable distribution of license

expiration dates. All licenses shall be on a form prescribed by the

State Commissioner of Health, and shall include, but not be limited

to, the maximum bed capacity for which the license is granted, the

date the license was issued, and the expiration date of the license.

The provisions of the license shall require that the license shall:

1. Not be transferable or assignable except as authorized by

the provisions of the Residential Care Act;

2. Be posted in a conspicuous place on the licensed premises;

and

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

may be renewed upon application, inspection and payment of the

license fee, as required by the provisions of the Residential Care

Act.

B. An application shall contain the following information:

1. The name and address of the owner of the home. If the owner

is a firm or partnership, the name and address of each member

thereof shall be included in the application. If the owner is a

corporation, the name and address of the corporation and the name

Oklahoma Statutes - Title 63. Public Health and Safety Page 474

and address of each officer and registered agent of the corporation

shall be included in the application;

2. The name and address of the applicant if the applicant is

not the owner and is acting as agent for the owner;

3. The name and location of the home for which a license is

sought;

4. The name of the administrator of the home;

5. The number and type of residents for whom services are to be

provided; and

6. The staffing pattern for providing resident care. In the

case of an application for an initial license, the staffing pattern

shown may be the projected staffing pattern.

C. Each initial application shall be accompanied by a statement

from the unit of local government having zoning jurisdiction over

the location of the home stating that the location is not in

violation of a zoning ordinance.

D. 1. An applicant shall be twenty-one (21) years of age or

older and meet the specific requirements for licensure as specified

in rules promulgated by the State Commissioner of Health pursuant to

the provisions of the Residential Care Act.

2. No person who has been convicted of a felony in connection

with the management or operation of a home, or facility as defined

in Section 1-1902 of this title or in the care and treatment of the

residents of a home, or facility as defined in Section 1-1902 or 1-

1950.1 of this title shall be eligible to be licensed or to

participate in the management or operation of a home.

3. If the applicant is a firm, partnership, or corporation, the

applicant shall not be eligible to be licensed if any member of the

firm or partnership or any officer or major stockholder of the

corporation has been convicted of a felony in connection with the

operation or management of a home or facility or the care and

treatment of the residents of a home or facility as defined in

Section 1-1902 of this title.

E. 1. The application for a license or renewal of a license

shall be accompanied by a statement of ownership which shall include

the following:

a. the name, address, telephone number, occupation or

business activity, business address, and business

telephone number of the owner of the home and of every

person who owns the building in which the home is

located. If the owner is a partnership or

corporation, the name and address of each partner and

stockholder with an ownership interest of five percent

(5%) or more shall be included in the statement, and

b. the name and address of any other home in which the

owner has a full or partial financial interest or, if

the owner is a partnership or corporation, any other

Oklahoma Statutes - Title 63. Public Health and Safety Page 475

home in which the partnership or corporation has a

full or partial financial interest. The statement

shall indicate whether or not any other home wherein a

full or partial financial interest is held would, if

located in this state, be required to be licensed.

2. The applicant shall agree in writing, prior to the issuance

of a license, to notify the Department if there is any change in the

information required to be included in the statement of ownership

thirty (30) days in advance of such change. The information

contained in the statement of ownership shall be public information

and shall be available upon request from the Department.

F. Upon application of a licensee, a license may be modified in

accordance with the provisions of the Residential Care Act. Such

application for modification of a license shall be accompanied by a

fee of Twenty Dollars ($20.00) and shall be submitted in such form

and manner as required by the Department.

G. Upon payment of the required application fees, the

Commissioner may issue and renew licenses which substantially comply

with the provisions of the Residential Care Act and rules

promulgated pursuant thereto; provided, however, a plan of

correction shall be submitted and accepted by both parties prior to

licensure.

H. All residential care homes shall be required to have or

employ a licensed administrator for the home.
Okla. Stat. tit. 63, § 63-2-211 — OK Code / Title 63 / Section 63-2-211
Schedule V characteristics
Status: in_force

Schedule V includes substances with the following

characteristics:

1. Low potential for abuse relative to the controlled

substances listed in Schedule IV;

2. Currently accepted medical use in treatment in the United

States; and

3. Limited physical dependence or psychological dependence

liability relative to the controlled substances listed in Schedule

IV.
Okla. Stat. tit. 63, § 63-1-825 — OK Code / Title 63 / Section 63-1-825
Violation of act - Penalties and liabilities
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 477

Any person who violates any of the provisions of the Residential

Care Act, the rules promulgated pursuant thereto by the State Board

of Health, or any order or determination of the State Department of

Health pursuant to the provisions of the Residential Care Act, or

who fails to perform any duty imposed upon such person by the

provisions of the Residential Care Act, shall be subject to any of

the following penalties and liabilities as authorized by the

provisions of the Residential Care Act:

1. License revocation, suspension, or nonrenewal;

2. Transfer of residents;

3. Temporary manager;

4. Injunctive proceedings;

5. Civil fines; and

6. Criminal penalties as provided in Section 1-832 of this

title.
Okla. Stat. tit. 63, § 63-1-2702 — OK Code / Title 63 / Section 63-1-2702
Agency responsible for telemedicine and Oklahoma
Status: in_force

Telemedicine Network - Duties.

A. 1. With available state or federal funds, the State

Department of Health shall be the state entity responsible for

telemedicine and development of a statewide Oklahoma telemedicine

network. The Department shall also be responsible for the continued

development and implementation of a statewide system for the

delivery of medical and other health care services through a

telehealth system.

Oklahoma Statutes - Title 63. Public Health and Safety Page 866

2. In order to achieve these duties, the State Board of Health

shall establish a separate office within the State Department of

Health which shall be known as the Oklahoma Center for Telemedicine.

The State Commissioner of Health shall appoint or employ a director

of the office who shall report to the Commissioner and the Board.

The Commissioner shall also employ such other personnel as necessary

to carry out the duties of the Center. The director and other

Center personnel shall have no other duties within the Department

except those directly related to the duties and responsibilities of

the Center.

3. The Center shall have the power and duty to:

a. assess the current status and needs of the

telemedicine network and telehealth in the state,

b. utilize available state and federal funds to the

maximum extent possible,

c. for the purposes of the continued development of

telehealth services in the state, engage with any and

all parties to encourage and assist communications

between entities requiring telemedicine services and

entities offering or providing telemedicine services,

d. resolve problems and otherwise improve the delivery of

telemedicine services,

e. assist and facilitate the coordination efforts of

hospitals and other health care facilities and

providers in the development and delivery of

telemedicine services,

f. explore ways to provide reimbursement to providers for

telehealth services,

g. explore the feasibility of providing health education

services through a telehealth system,

h. study issues of compatibility of technology, and

i. establish and maintain a website and a clearinghouse

for grant information as provided by Section 1-2703 of

this title.

B. The Department shall enter into agreements with appropriate

entities to provide the Center with assistance in carrying out the

provisions of this section.

C. The director of the Center may form advisory groups as is

necessary to work with the Center on telehealth issues.

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

implementation of the teleradiology responsibilities outlined in

this section. The rules shall be based on the American College of

Radiology Standards for Teleradiology.
Okla. Stat. tit. 63, § 63-685.6 — OK Code / Title 63 / Section 63-685.6
Interim succession to political subdivision offices
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1259

The respective officers of each city or incorporated town, and

of all other political subdivisions, of this state, shall designate

interim successors, and shall specify the order of succession of

deputies and interim successors, in the same manner, and with the

same effect, as is provided for state officers by Section 5 hereof.
Okla. Stat. tit. 63, § 63-684.35 — OK Code / Title 63 / Section 63-684.35
Uniformity of application and construction
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1256

In applying and construing the Uniform Emergency Volunteer

Health Practitioners Act, consideration must be given to the need to

promote uniformity of the law with respect to its subject matter

among states that enact it.
Okla. Stat. tit. 63, § 63-1-818.25 — OK Code / Title 63 / Section 63-1-818.25
Renumbered as § 1430.25 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-1-229.16 — OK Code / Title 63 / Section 63-1-229.16
Notice to retail employees - Signed acknowledgement
Status: in_force

A. Every person engaged in the business of selling tobacco

products, nicotine products or vapor products at retail shall notify

each individual employed by that person as a retail sales clerk that

state law:

1. Prohibits the sale or distribution of tobacco products,

nicotine products or vapor products to any person under twenty-one

(21) years of age and the purchase or receipt of tobacco products,

nicotine products or vapor products by any person under twenty-one

(21) years of age; and

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

purchaser or recipient if an ordinary person would conclude on the

Oklahoma Statutes - Title 63. Public Health and Safety Page 137

basis of appearance that the prospective purchaser or recipient may

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

B. This notice shall be provided before the individual

commences work as a retail sales clerk. The individual shall

signify that he or she has received the notice required by this

section by signing a form stating as follows:

"I understand that state law prohibits the sale or distribution of

tobacco products, nicotine products or vapor products to persons

under twenty-one (21) years of age and out-of-package sales, and

requires proof of age of purchaser or recipient if an ordinary

person would conclude on the basis of appearance that the

prospective purchaser or recipient may be under twenty-one (21)

years of age. I promise, as a condition of my employment, to obey

the law. I understand that violations by me may be punishable by

fines, suspension or nonissuance of my driver license. In addition,

I understand that violations by me may subject the storeowner to

fines or license or permit suspension."
Okla. Stat. tit. 63, § 63-1-405 — OK Code / Title 63 / Section 63-1-405
Freedom to choose treatment
Status: in_force

Nothing in this article shall be construed or operate to empower

or authorize the State Commissioner of Health, or any local health

officer, or his representative, to restrict in any manner the

individual's right to select the mode of treatment of his choice nor

to require any physical examination of a patient who in good faith

relies upon spiritual means or prayer for healing.
Okla. Stat. tit. 63, § 63-1-1701 — OK Code / Title 63 / Section 63-1-1701
Penalties for violation of act - Injunctive relief
Status: in_force

A. Unless otherwise provided in the Oklahoma Public Health

Code:

1. Any person who willfully fails or refuses to comply with, or

violates, a lawful order of the State Board of Health or the State

Commissioner of Health, or his duly authorized representative, or of

a local health officer, or who violates the terms and conditions of

a quarantine or embargo, shall, upon conviction, be guilty of a

misdemeanor, and upon conviction thereof may be punished by a fine

of not to exceed One Hundred Dollars ($100.00), or by imprisonment

Oklahoma Statutes - Title 63. Public Health and Safety Page 649

in the county jail for not more than thirty (30) days, or by both

such fine and imprisonment;

2. Any person who fails or refuses to make or file a report, or

to file a certificate, or to keep a record, that is required by the

provisions of this Code, or by rules of the State Board of Health,

or the State Commissioner of Health, or who gives false information

in or for such report, certificate or record, shall, upon

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

may be punished by a fine of not more than Two Hundred Dollars

($200.00);

3. Any person who gives false information in an application for

a license or permit, or to the Commissioner or a local health

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

upon conviction thereof may be punished by a fine of not more than

Two Hundred Dollars ($200.00);

4. Any person who does any act for which a license or permit is

required by the provisions of this Code, and who is not at the time

the holder of such a license or permit, shall, upon conviction, be

guilty of a misdemeanor, and upon conviction thereof may be punished

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

imprisonment in the county jail for not more than six (6) months, or

by both such fine and imprisonment; and

5. Any person who does any act that is made unlawful or a

misdemeanor by the provisions of this Code, or who violates any of

the other provisions of this Code, or any standard, rule or

regulation authorized by this Code, shall, upon conviction, be

guilty of a misdemeanor, and upon conviction thereof may be punished

by a fine of not more than Two Hundred Dollars ($200.00), or by

imprisonment in the county jail for not more than thirty (30) days,

or by both such fine and imprisonment.

B. 1. Notwithstanding the penalties provided for in this

section, district courts may also grant injunctive relief to prevent

a violation of, or to compel a compliance with, any of the

provisions of this Code or any rule or order issued pursuant to this

Code.

2. Any action for injunctive relief to redress or restrain a

violation by any person of any provision of this Code, any rule or

order issued pursuant to this Code, or recovery of any

administrative or civil penalty assessed pursuant to Section 1-

1701.1A of this title may be filed and prosecuted by:

a. the district attorney in the appropriate district

court of the State of Oklahoma, or

b. the Department on behalf of the State of Oklahoma in

the appropriate district court of the State of

Oklahoma, or as otherwise authorized by law.

3. As used in this subsection, the term "this Code" includes

Section 1-101 et seq. of this title and those statutes codified in

Oklahoma Statutes - Title 63. Public Health and Safety Page 650

Title 59 of the Oklahoma Statutes for the regulation of professions

and occupations for which the Department issues a license.
Okla. Stat. tit. 63, § 63-1-757.10 — OK Code / Title 63 / Section 63-1-757.10
Violations – Criminal penalties
Status: in_force

A. Individuals or entities not certified under the Oklahoma

Abortion-Inducing Drug Certification Program that provide drugs for

the purpose of inducing abortion are in violation of this act.

B. Individuals or entities that provide abortion-inducing drugs

to any person or entity that is not certified, or otherwise

Oklahoma Statutes - Title 63. Public Health and Safety Page 462

authorized, to provide abortion-inducing drugs under the Oklahoma

Abortion-Inducing Drug Certification Program are in violation of

this act.

C. A person who intentionally, knowingly or recklessly violates

any provision of this act is guilty of a misdemeanor.

D. A person who intentionally, knowingly or recklessly violates

any provision of this act by fraudulent use of an abortion-inducing

drug, with or without the knowledge of the pregnant woman, is guilty

of a Class D3 felony offense.

E. No civil or criminal penalty may be assessed against the

pregnant woman upon whom the drug-induced abortion is attempted,

induced or performed.
Okla. Stat. tit. 63, § 63-1-2308 — OK Code / Title 63 / Section 63-1-2308
Renumbered as § 2-10-403 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-987 — OK Code / Title 63 / Section 63-987
Operations and activities exempt
Status: in_force

This act shall not be construed as applying to, nor shall it

apply to: (a) construction, reconstruction, operation or maintenance

of any high-voltage overhead conductor, supporting structures or

appurtenances for the support or operation of high-voltage conductor

by person authorized by the owner or operator; nor (b) to work being

done on telephone or communication circuits or their supporting

structures; nor (c) to the operation or maintenance of any equipment

traveling or moving upon fixed rails of any railroad company subject

to the jurisdiction of the Interstate Commerce Commission and/or to

the Corporation Commission of the State of Oklahoma.
Okla. Stat. tit. 63, § 63-1-725.17 — OK Code / Title 63 / Section 63-1-725.17
Noncompliance — Patient collection protections
Status: in_force

A. A hospital that is not in material compliance with this act

on the date that items or services are purchased from or provided to

a patient by the hospital shall not initiate or pursue collection

action against the patient or patient guarantor for a debt owed for

the items or services.

B. If a patient believes that a hospital was not in material

compliance with this act on a date on or after the effective date of

this act that items or services were purchased by or provided to the

patient, and the hospital takes a collection action against the

patient or patient guarantor, the patient or patient guarantor may

file suit to determine if the hospital was materially out of

compliance with this act on the date of service and if the

noncompliance is related to the items or services. The hospital

shall not take a collection action against the patient or patient

guarantor while the lawsuit is pending.

C. A hospital that has been found by a judge or jury to be

materially out of compliance with this act:

1. Shall refund the payor any amount of the debt the payor has

paid and shall pay a penalty to the patient or patient guarantor in

an amount equal to the total amount of the debt;

2. Shall dismiss or cause to be dismissed any court action with

prejudice and pay any reasonable attorney fees and costs incurred by

the patient or patient guarantor relating to the action; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 293

3. Shall remove or cause to be removed from the patient’s or

patient guarantor’s credit report any report made to a consumer

reporting agency relating to the debt.

D. Nothing in this act:

1. Prohibits a hospital from billing a patient, patient

guarantor, or third-party payor, including a health insurer, for

items or services provided to the patient; or

2. Requires a hospital to refund any payment made to the

hospital for items or services provided to the patient, as long as

no collection action is taken in violation of this act.
Okla. Stat. tit. 63, § 63-1-728a — OK Code / Title 63 / Section 63-1-728a
Short title
Status: in_force

This act shall be known and may be cited as the "Freedom of

Conscience Act".
Okla. Stat. tit. 63, § 63-1-2560 — OK Code / Title 63 / Section 63-1-2560
Article XI — Coordinated database
Status: in_force

ARTICLE XI

Coordinated Database

A. The Commission shall provide for the development and

maintenance of a coordinated database and reporting system

containing licensure, adverse action, and significant investigatory

information on all licensed individuals in member states.

B. Notwithstanding any other provision of state law to the

contrary, a member state shall submit a uniform data set to the

coordinated database on all individuals to whom this compact is

applicable as required by the rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Significant investigatory information;

4. Adverse actions against an individual's license;

5. An indicator that an individual's privilege to practice is

restricted, suspended, or revoked;

6. Nonconfidential information related to alternative program

participation;

7. Any denial of application for licensure, and the reason(s)

for such denial; and

8. Other information that may facilitate the administration of

this Compact, as determined by the rules of the Commission.

C. The coordinated database administrator shall promptly notify

all member states of any adverse action taken against, or

significant investigative information on, any individual in a member

state.

D. Member states contributing information to the coordinated

database may designate information that may not be shared with the

public without the express permission of the contributing state.

Oklahoma Statutes - Title 63. Public Health and Safety Page 859

E. Any information submitted to the coordinated database that

is subsequently required to be expunged by the laws of the member

state contributing the information shall be removed from the

coordinated database.
Okla. Stat. tit. 63, § 63-1-2412 — OK Code / Title 63 / Section 63-1-2412
Renumbered as § 2-10-901 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-757.14 — OK Code / Title 63 / Section 63-1-757.14
Construction and application of act
Status: in_force

A. Nothing in this act shall be construed as creating or

recognizing a right to abortion.

B. It is not the intention of this act to make lawful an

abortion that is otherwise unlawful.

C. Nothing in this act repeals, replaces or otherwise

invalidates existing federal or state laws, regulations or policies.
Okla. Stat. tit. 63, § 63-6503 — OK Code / Title 63 / Section 63-6503
Pharmaceutical agents and medical supplies – Purchase and
Status: in_force

distribution by public health authority - Regulation of use, sale,

dispensing, distribution or transportation – Hoarding.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1774

A. The public health authority may purchase and distribute

antitoxins, serums, vaccines, immunizing agents, antibiotics, and

other pharmaceutical agents or medical supplies that it deems

advisable in the interest of preparing for or controlling a

catastrophic health emergency, without any additional legislative

authorization.

B. If a catastrophic health emergency results in a statewide or

regional shortage or threatened shortage of any product under

subsection A of this section, whether or not such product has been

purchased by the public health authority, the public health

authority may control, restrict, and regulate by rationing and using

quotas, prohibitions on shipments, allocation, or other means, the

use, sale, dispensing, distribution, or transportation of the

relevant product necessary to protect the public health, safety, and

welfare of the people of the state during the catastrophic health

emergency.

C. In making rationing or other supply and distribution

decisions, the public health authority may give preference to health

care providers, disaster response personnel, and mortuary staff.

D. During a state of catastrophic health emergency, the public

health authority may procure, store, or distribute any antitoxins,

serums, vaccines, immunizing agents, antibiotics, and other

pharmaceutical agents or medical supplies located within the state

as may be reasonable and necessary to respond to the catastrophic

health emergency, with the right to take immediate possession

thereof. If a catastrophic health emergency simultaneously affects

more than one state, nothing in this section shall be construed to

allow the public health authority to obtain antitoxins, serums,

vaccines, immunizing agents, antibiotics, and other pharmaceutical

agents or medical supplies for the primary purpose of hoarding such

items or preventing fair and equitable distribution among affected

states.
Okla. Stat. tit. 63, § 63-1-116 — OK Code / Title 63 / Section 63-1-116
Definitions
Status: in_force

When used in the Oklahoma Health Care Information System Act:

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

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

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

4. "Health care providers" means a hospital or related

institution licensed pursuant to Section 1-702 of this title,

nursing facilities licensed pursuant to Section 1-1903 of this

title, physicians as specified in paragraphs 1 through 6 of

subsection A of Section 725.2 of Title 59 of the Oklahoma Statutes,

physical therapists, physician assistants, pharmacists, nurses and

home health care providers licensed pursuant to the laws of this

state;

5. "Third-party payor" means any entity, other than a

purchaser, which is responsible for payment either to the purchaser

or the health care provider for health care services rendered by the

health care provider;

6. "Public-supported provider" means any public or private

entity supported in whole or in part by federal or state funds, or

any health care provider contracting with the state for providing

health care services including, but not limited to, Medicaid;

7. "Identifying information" means a program identifying number

assigned for purposes of statistical and data analysis, which

protects and maintains patient and physician anonymity. Identifying

Oklahoma Statutes - Title 63. Public Health and Safety Page 91

information shall remain confidential as provided in Section 1-120

of this title;

8. "Information providers" means and includes health care

providers, third-party payors or public-supported providers required

to report or submit information to the Division of Health Care

Information pursuant to the Oklahoma Health Care Information System

Act;

9. "Division" means the Division of Health Care Information;

and

10. "Health care information system" means the system for

receipt, collection, analysis, evaluation, processing, utilization

and dissemination of health care data established and maintained by

the Division of Health Care Information pursuant to the Oklahoma

Health Care Information System Act.
Okla. Stat. tit. 63, § 63-2-904 — OK Code / Title 63 / Section 63-2-904
Drug Possession Diversion Program – Annual report
Status: in_force

A. District attorneys shall prepare and submit an annual report

to the District Attorneys Council showing total deposits and total

expenditures in the Drug Possession Diversion Program.

B. By September 15 of each year, the District Attorneys Council

shall publish an annual report for the previous fiscal year of the

Drug Possession Diversion Program. An electronic copy of the report

shall be distributed to the President Pro Tempore of the Senate, the

Speaker of the House of Representatives and the chairs of the House

and Senate Appropriation and Budget Committees. Each district

attorney shall submit information requested by the District

Attorneys Council regarding the Drug Possession Diversion Program.

The report shall include the number of charges referred to and

accepted into the Drug Possession Diversion Program, the total

Oklahoma Statutes - Title 63. Public Health and Safety Page 1054

amount of fees collected and such other information as required by

the District Attorneys Council.
Okla. Stat. tit. 63, § 63-1-740.16 — OK Code / Title 63 / Section 63-1-740.16
Definitions
Status: in_force

As used in the Choosing Childbirth Act:

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

medicine, drug or any other substance or device to intentionally:

a. kill the unborn child of a woman known to be pregnant,

or

b. terminate the pregnancy of a woman known to be

pregnant, with an intention other than:

Oklahoma Statutes - Title 63. Public Health and Safety Page 378

(1) after viability of the unborn child, to produce a

live birth and preserve the life and health of

the child born alive, or

(2) to remove a dead unborn child;

2. “Unborn child” means an individual organism of the species

Homo sapiens from fertilization until birth; and

3. “Grant-supervising entity” means a private entity which

approves all grants made under the Choosing Childbirth Act that are

not directly made to private organizations by the State Department

of Health for reimbursement of services provided under the Choosing

Childbirth Act and which:

a. is organized as a not-for-profit corporation in

Oklahoma and as a 501(c)3 entity under the federal

Internal Revenue Code, and

b. does not encourage or counsel any woman to have an

abortion not necessary to prevent her death, to

provide her such an abortion or to refer her for such

an abortion, and does not accept funds or services

knowingly from any entity which performs abortions or

receives money for abortions.
Okla. Stat. tit. 63, § 63-2656.2 — OK Code / Title 63 / Section 63-2656.2
Annual report - Distribution
Status: in_force

The Oklahoma Health Planning Commission shall prepare and

distribute an annual report to the Oklahoma Legislature, to any

health systems agency as established by federal law, and to any

other person who requests the report, which shall include the status

of each review currently being conducted, the reviews completed

since the last report and a general statement of the findings and

decisions made in the course of such reviews.
Okla. Stat. tit. 63, § 63-1-2015 — OK Code / Title 63 / Section 63-1-2015
Renumbered as § 2-7-301 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-836 — OK Code / Title 63 / Section 63-1-836
Rules ensuring minimum standards for homes
Status: in_force

A. The State Board of Health shall promulgate rules to enforce

the provisions of the Residential Care Act. Such rules shall

regulate:

1. Location and construction of the home, including plumbing,

heating, lighting, ventilation, and other physical conditions which

Oklahoma Statutes - Title 63. Public Health and Safety Page 487

shall ensure the health, safety, and comfort of residents and

protection from fire hazards;

2. Number of all personnel, including management and

supervisory personnel, having responsibility for any part of the

care given to residents. The Department shall establish staffing

ratios for homes which shall specify the number of staff hours of

care per resident that are needed for care for various types of

homes or areas within homes. Minimum personnel ratio requirements

for all homes shall be based only on average daily census;

3. All sanitary conditions within the home and its

surroundings, including water supply, sewage disposal, food

handling, and general hygiene, which shall ensure the health and

comfort of residents;

4. Diet-related needs of each resident based on sound

nutritional practice and on recommendations which may be made by the

physicians attending the resident;

5. Equipment essential to the health and welfare of the

residents; and

6. Rehabilitation programs for those residents who would

benefit from such programs.

B. 1. In order to further ensure minimum standards for homes,

a certificate of training as specified shall be required of all:

a. administrators, who shall obtain a residential care

administrator certificate of training, and

b. direct care staff responsible for administration of

medication to residents, who shall obtain a

residential care certificate of training.

2. The certificate will be developed and administered by an

institution of higher learning with the advice of the State

Commissioner of Health and of the Long-Term Care Facility Advisory

Board.

a. (1) For residential care home administrators the

training shall consist of a minimum of fifty (50)

hours which shall include at least fifteen (15)

hours of training in the administration of

medication and shall also include, but not be

limited to, training in:

(a) administration,

(b) supervision,

(c) reporting,

(d) record keeping,

(e) independent or daily living skills,

(f) leisure skills and recreation, and

(g) public relations concerning the issues

associated with the operation of residential

care homes and programs.

Oklahoma Statutes - Title 63. Public Health and Safety Page 488

(2) An individual applying for certification as an

administrator may at any time present the

institution of higher education with

documentation of prior education and work

experience for consideration for possible credit

toward certification.

(3) Any person employed as an administrator after

July 1, 1988, shall have completed the training

specified by this division.

(4) Thereafter, annually, at least sixteen (16) hours

of training in the subjects specified by this

division shall be required for such

administrator.

(5) A certified administrator may make a written

request to the Commissioner to be placed in an

inactive status for up to five (5) subsequent

calendar years. Such inactive status shall allow

the administrator to waive the educational

requirements for the period of the request. Such

certified administrator shall not work in a

residential care administrator capacity in

Oklahoma until such time as the certificate is

reactivated. The request to reactivate the

certificate shall be made in writing to the

Commissioner. Such administrator shall then be

required to complete sixteen (16) hours of

training in the subjects specified in this

division.

b. All direct care staff who are responsible for

administration of medication to residents shall be

required to begin training in the administration of

medication within ninety (90) days of employment with

the home and to satisfactorily complete at least

fifteen (15) hours of training in the administration

of medication, within the first year of employment

with the home.

3. All other direct care staff who are employed by a

residential care home, within ninety (90) days of employment with

the home, shall be required to begin eight (8) hours of in-service

training, to be administered by the administrator of the home or

other person designated by the administrator of the home and

completed within twelve (12) months from such person's date of

employment, and annually thereafter. Thereafter such direct care

staff and the direct care staff responsible for administering

medication to residents shall, annually, be required to receive at

least eight (8) hours of training by the administrator of the home

in:

Oklahoma Statutes - Title 63. Public Health and Safety Page 489

a. patient reporting and observation,

b. record keeping,

c. independent or daily living skills,

d. leisure skills and recreation,

e. human relations, and

f. such other training relevant to residential care

programs and operations.

4. The requirement of certification and the training specified

pursuant to the provisions of this subsection shall be included in

the rules promulgated by the Board.

5. Failure of the owner or administrator to ensure the training

required pursuant to this subsection is received shall constitute a

violation of the Residential Care Act and shall be grounds for

revocation of licensure. Proof of successful completion of such

training for the residential care home administrator and direct care

staff shall be required prior to issuance or renewal of a license

issued pursuant to the provisions of the Residential Care Act. The

Department shall not renew any license for any residential care home

if the training required by this subsection has not been completed.
Okla. Stat. tit. 63, § 63-315 — OK Code / Title 63 / Section 63-315
Display of sign by retailers as to meat inspection
Status: in_force

All retail establishments selling meats which have been either

state or federally inspected shall display a sign adjacent to the

meat counter and plainly visible to the customer stating that "meat

sold over this counter has been state inspected," or if it is

federally inspected it shall state that "meat sold over this counter

has been federally inspected." This sign shall be not less than

24"x10" in size with prominent letters.
Okla. Stat. tit. 63, § 63-2-902 — OK Code / Title 63 / Section 63-2-902
Deferred prosecution – Fees - Drug Possession Diversion
Status: in_force

Program Fund.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1053

A. Subject to the provisions of this act, the district attorney

may enter into a written agreement with the defendant pursuant to

the provisions of Sections 305.1 through 305.6 of Title 22 of the

Oklahoma Statutes to defer prosecution of a charge for possession of

a controlled dangerous substance, possession of drug paraphernalia

or both possession of a controlled dangerous substance and

possession of drug paraphernalia for a period to be determined by

the district attorney, not to exceed twenty-four (24) months.

B. The defendant shall pay to the district attorney a fee equal

to the amount which would have been assessed as court costs upon

filing of the case in district court. Funds received by the

district attorney pursuant to this act shall be deposited in a

special fund with the county treasurer to be known as the "Drug

Possession Diversion Program Fund". This fund shall be used by the

district attorney to defray any lawful expense of the office of the

district attorney. The district attorney shall keep records of all

monies deposited to and disbursed from this fund. The records of

the fund shall be audited at the same time the records of county

funds are audited.

C. Unless the agreement between the defendant and the district

attorney provides otherwise, the defendant shall be supervised in

the community by the district attorney or by a private supervision

program pursuant to the provisions of subsection A of Section 991d

of Title 22 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-1-2002.a — OK Code / Title 63 / Section 63-1-2002.a
Renumbered as § 2-7-122 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-260.5 — OK Code / Title 63 / Section 63-1-260.5
Replication and use of successful osteoporosis
Status: in_force

programs – Contracts with national organizations – Acceptance of

grants, services, and property – Federal waivers.

A. The State Department of Health may replicate and use

successful osteoporosis programs and enter into contracts and

purchase materials or services from organizations with appropriate

expertise and knowledge of osteoporosis for such services and

materials as, but not limited to, the following:

1. Educational information and materials on the causes,

prevention, detection, treatment, and management of osteoporosis;

2. Training of staff;

3. Physicians and health care professional education and

training and clinical conferences;

4. Conference organization and staffing;

5. Regional office development and staffing;

6. Nominations for advisory panels;

7. Support group development;

8. Consultation;

9. Resource library facilities;

10. Training home health aides and nursing home personnel; and

11. Training teachers.

B. The Department may contract with a national organization

with expertise in osteoporosis to establish and staff an office of

such organization in the state to implement parts of the

osteoporosis education program.

C. The State Commissioner of Health:

1. May accept grants, services, and property from the federal

government, foundations, organizations, medical schools, and other

entities as may be available for the purposes of fulfilling the

Department’s duties under this program; and

2. Shall seek any federal waiver or waivers that may be

necessary to maximize funds from the federal government to implement

this program.
Okla. Stat. tit. 63, § 63-1-725.16 — OK Code / Title 63 / Section 63-1-725.16
Violations
Status: in_force

A. A hospital materially violates this act if the hospital

fails to publicize:

1. Pricing information as required by Section 2 of this act; or

2. The hospital’s standard charges in the form and manner

required by Sections 3 and 4 of this act.

B. If the State Department of Health determines that a hospital

has materially violated this act, the Department may issue a notice

of material violation to the hospital and request that the hospital

submit a corrective action plan. The notice shall indicate the form

and manner in which the corrective action plan shall be submitted to

the Department, and clearly state the date by which the hospital

shall submit the plan.

C. A hospital that receives a notice under subsection B of this

section shall:

1. Submit a corrective action plan in the form and manner, and

by the specified date, prescribed by the notice of violation; and

2. As soon as practicable after submission of a corrective

action plan to the Department, act to comply with the plan.

D. A corrective action plan submitted to the Department shall:

Oklahoma Statutes - Title 63. Public Health and Safety Page 292

1. Describe in detail the corrective action the hospital will

take to address any violation identified by the Department in the

notice provided under subsection B of this section; and

2. Provide a date by which the hospital will complete the

corrective action described by paragraph 1 of this subsection.

E. A corrective action plan is subject to review and approval

by the Department. After the Department reviews and approves a

hospital’s corrective action plan, the Department shall monitor and

evaluate the hospital’s compliance with the plan.

F. A hospital is considered to have failed to respond to the

Department’s request to submit a corrective action plan if the

hospital fails to submit a corrective action plan:

1. In the form and manner specified in the notice provided

under subsection B of this section; or

2. By the date specified in the notice provided under

subsection B of this section.

G. A hospital is considered to have failed to comply with a

corrective action plan if the hospital fails to address a violation

within the specified period of time contained in the plan.
Okla. Stat. tit. 63, § 63-4219 — OK Code / Title 63 / Section 63-4219
Nighttime speed limit
Status: in_force

It shall be unlawful for any person to operate any vessel upon

the waters of this state which are under the jurisdiction of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1691

Grand River Dam Authority (GRDA), between the hours of one-half hour

after sunset and one-half hour before sunrise at any speed in excess

of thirty-five (35) miles per hour. Any person violating the

provisions of this section shall be guilty of a misdemeanor and

shall be punishable by a fine of not less than Fifty Dollars

($50.00) nor more than Two Hundred Fifty Dollars ($250.00).
Okla. Stat. tit. 63, § 63-6504 — OK Code / Title 63 / Section 63-6504
Civil proceedings relating to destruction of property
Status: in_force

To the extent practicable consistent with the protection of

public health, prior to the destruction of any property under the

Catastrophic Health Emergency Powers Act, the public health

authority shall institute appropriate civil proceedings against the

property to be destroyed in accordance with the existing laws and

rules of the courts of this state or any such rules that may be

developed by the courts for use during a state of catastrophic

health emergency. Any property acquired by the public health

authority through such proceedings shall, after entry of the decree,

be disposed of by destruction as the court may direct.
Okla. Stat. tit. 63, § 63-1-740.12 — OK Code / Title 63 / Section 63-1-740.12
Alternatives-to-Abortion Services 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

"Alternatives-to-Abortion Services Revolving Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all monies deposited to the credit of the fund by

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

appropriated and may be budgeted and expended by the State

Department of Health as provided in subsection A of Section 1-740.11

of this title. The fund shall not be available to any organization

or affiliate of an organization which provides or promotes abortions

or directly refers for abortion; provided, however, any nondirective

counseling relating to the pregnancy shall not disqualify an

organization from receiving these funds. 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, § 63-1-317b — OK Code / Title 63 / Section 63-1-317b
List of all registered deaths of residents indicated as
Status: in_force

veterans on death record.

The Commissioner of the State Department of Health shall

authorize the regular transmission of a list to the Oklahoma

Department of Veterans Affairs of all registered deaths of residents

of this state that have occurred within the state and who are

indicated to be a veteran on the death record. The Oklahoma

Department of Veterans Affairs shall use the transmitted list to

identify Oklahoma veterans, as defined in Section 2 of Title 72 of

the Oklahoma Statutes, for purposes of populating, updating and

maintaining the veterans registry established in Section 421 of

Title 72 of the Oklahoma Statutes. The Social Security number of an

individual veteran shall not be released as a part of the registry.

The State Department of Health shall transmit to the Oklahoma

Department of Veterans Affairs the following:

1. Veteran's name;

2. Social Security number;

3. Date of death; and

4. Place of interment, if applicable.
Okla. Stat. tit. 63, § 63-1-2732 — OK Code / Title 63 / Section 63-1-2732
Factors to determine amount of award
Status: in_force

The amount of the award of educational loan repayment assistance

shall be established at the discretion of the Department of Mental

Health and Substance Abuse Services and based upon a determination

of:

1. Actual funds available to the Oklahoma Mental Health Loan

Repayment Program for expenditure; and

2. The existing student loan indebtedness of the participating

mental health or substance abuse treatment provider.
Okla. Stat. tit. 63, § 63-4001 — OK Code / Title 63 / Section 63-4001
Short title
Status: in_force

Sections 4002 through 4043 of this title shall be known and may

be cited as the "Oklahoma Vessel and Motor Registration Act".
Okla. Stat. tit. 63, § 63-1-912 — OK Code / Title 63 / Section 63-1-912
Renumbered as § 2-6-601 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-317c — OK Code / Title 63 / Section 63-1-317c
Confidentiality and disclosure – Construction with
Status: in_force

Section 1-323.

Nothing in the Death Certificate Accuracy Act shall be construed

to alter the confidentiality of death certificates or the

prohibitions on disclosure of their contents provided for in Section

1-323 of Title 63 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-3222 — OK Code / Title 63 / Section 63-3222
Traffic and parking regulations on University Hospitals
Status: in_force

Authority property - Violations - Campus police officers and guards

- Cooperative agreements.

A. The University Hospitals Authority may regulate traffic and

the parking of vehicles on property used by or for the University

Hospitals Authority. Such regulations shall be in writing, and

copies thereof, including amendments thereto, shall be filed in the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1531

office of the Secretary of State, and in the office of the city

clerk of the City of Oklahoma City. The municipal court of the City

of Oklahoma City shall have jurisdiction to hear and determine

prosecutions for violations of such regulations, which may be

prosecuted and shall be punishable as violations of ordinances of

the City of Oklahoma City. The Authority may cause to be removed,

and may enter into contracts for such purpose, any vehicle parked in

violation of such regulations.

B. The Authority may appoint campus police officers and guards

for buildings and grounds of the University Hospitals Authority in

the same manner and with the same powers as campus police appointed

by governing boards of state institutions for higher education under

the provisions of Section 360.15 et seq. of Title 74 of the Oklahoma

Statutes, and who may prevent or stop improper conduct and trespass

in and upon such buildings and grounds, and make arrests and

prosecute any and all persons arrested for such improper conduct and

trespassing. Employees of the Authority serving as police officers

shall be certified as provided for in Section 3311 of Title 70 of

the Oklahoma Statutes.

C. The Authority and the City of Oklahoma City may enter into a

cooperative agreement to effectuate the provisions of this section.
Okla. Stat. tit. 63, § 63-690.6 — OK Code / Title 63 / Section 63-690.6
Funding of acquisition of real property by
Status: in_force

municipalities.

A. The Legislature declares it to be necessary for the public

health and welfare to provide a means for municipalities in this

state to implement measures to reduce losses from flood disasters.

The acquisition of real property for this objective shall constitute

a public purpose for which public funds may be expended.

B. Municipalities are empowered and authorized to acquire fee

title to real property and easements therein by purchase, gift,

devise, lease or otherwise for flood control.

C. Title information, appraisal reports, offers, and

counteroffers are confidential until an option contract is executed

Oklahoma Statutes - Title 63. Public Health and Safety Page 1272

or, if no option contract is executed, until thirty (30) days before

a contract or agreement for purchase is considered for approval by

the governing board of the municipality. However, each municipality

may, at its discretion, disclose appraisal reports to private

landowners during negotiations for acquisitions using alternatives

to fee simple techniques, if the municipality determines that

disclosure of such reports will bring the proposed acquisition to

closure. In the event that negotiation is terminated by the

municipality, the title information, appraisal report, offers, and

counteroffers shall become available to the public.

D. Real property acquired for the purposes enumerated in this

section may also be used for recreational purposes, and whenever

practicable such real property shall be open to the general public

for recreational uses. Except when prohibited by a covenant or

other restriction, real property managed and controlled by the

municipality may be used for multiple purposes, including, but not

limited to, agriculture and silviculture, as well as boating and

other recreational uses.

E. The provisions of this section shall not limit the exercise

of similar powers delegated by statute to any state or political

subdivision of this state.
Okla. Stat. tit. 63, § 63-1-1708.1C — OK Code / Title 63 / Section 63-1-1708.1C
Definitions
Status: in_force

As used in the Affordable Access to Health Care Act, the

following words, terms, or phrases shall have the following

meanings, unless the context otherwise clearly indicates:

1. “Health care provider” means any person or other entity who

is licensed pursuant to the provisions of Title 59 or Title 63 of

the Oklahoma Statutes, or pursuant to the laws of another state, to

render health care services in the practice of a profession or in

the ordinary course of business;

2. “Health care services” means any services provided by a

health care provider, or by an individual working for or under the

supervision of a health care provider, that relate to the diagnosis,

assessment, prevention, treatment or care of any human illness,

disease, injury or condition;

3. “Medical liability action” means any civil action involving,

or contingent upon, personal injury or wrongful death brought

against a health care provider based on professional negligence;

4. “Noneconomic damages” means all subjective, nonmonetary

losses including, but not limited to, pain, suffering,

inconvenience, mental anguish, emotional distress, loss of enjoyment

of life, loss of society and companionship, loss of consortium,

injury to reputation and humiliation; provided, however,

“noneconomic damages” do not include exemplary damages, as defined

in Section 9.1 of Title 23 of the Oklahoma Statutes;

Oklahoma Statutes - Title 63. Public Health and Safety Page 654

5. “Professional negligence” means a negligent act or omission

to act by a health care provider in the rendering of health care

services, provided that such services are within the scope of

services for which the health care provider is licensed, certified,

or otherwise authorized to render by the laws of this state, and

which are not within any restriction imposed by a hospital or the

licensing agency of the health care provider; and

6. “Qualified expert” means a health care provider who has

knowledge of standards of care for the diagnosis, assessment,

prevention, treatment or care of the illness, disease, injury or

condition involved in the medical liability action. In a case

involving a claim for negligent credentialing or corporate

negligence, a “qualified expert” means a physician or administrator

who has or has had responsibility for credentialing or served on a

medical staff committee involved in a credentialing process at the

licensed health care entity.
Okla. Stat. tit. 63, § 63-2849 — OK Code / Title 63 / Section 63-2849
Renumbered as § 2871 of this title by Laws 2016, c. 324,
Status: in_force

§ 13, eff. Nov. 1, 2016.
Okla. Stat. tit. 63, § 63-1-559 — OK Code / Title 63 / Section 63-1-559
Belle Maxine Hilliard Breast and Cervical Cancer
Status: in_force

Treatment Revolving Fund.

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

fund for the Oklahoma Health Care Authority to be designated the

"Belle Maxine Hilliard Breast and Cervical Cancer Treatment

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

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

by the Oklahoma Health Care Authority from appropriations, gifts or

donations.

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

appropriated and may be budgeted and expended by the Oklahoma Health

Care Authority for the purpose specified and associated with the

Oklahoma Breast Cancer Act.

C. 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, § 63-1-1452 — OK Code / Title 63 / Section 63-1-1452
Authorized personnel - Supervision
Status: in_force

On and after May 1, 2002, medical micropigmentation may only be

performed in a physician’s office by:

1. A physician as defined by the Oklahoma Medical

Micropigmentation Regulation Act;

2. A person licensed to practice registered nursing by the

Oklahoma Board of Nursing who holds a current certificate issued by

the State Commissioner of Health pursuant to the provisions of the

Oklahoma Medical Micropigmentation Regulation Act while working

under supervision of a physician. The level of supervision shall be

determined by the physician in whose office medical

micropigmentation is being performed; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 624

3. A person who holds a current certificate issued by the State

Commissioner of Health pursuant to the provisions of the Oklahoma

Medical Micropigmentation Regulation Act while working under

supervision of a physician. The level of supervision shall be

determined by the physician in whose office medical

micropigmentation is being performed.
Okla. Stat. tit. 63, § 63-4252 — OK Code / Title 63 / Section 63-4252
Definitions
Status: in_force

In addition to the terms defined by the Oklahoma Vessel and

Motor Registration Act, Section 4002 et seq. of Title 63 of the

Oklahoma Statutes, and the terms defined by the Oklahoma Boating

Safety Regulation Act, Section 4201 et seq. of Title 63 of the

Oklahoma Statutes, for the purposes of the Vessel and Motor Chop

Shop, Stolen and Altered Property Act:

1. "Chop shop" means any building, lot or other premises where

one or more persons are or have been knowingly engaged in altering,

destroying, disassembling, dismantling, reassembling, or knowingly

storing any vessel or motor, or vessel or motor part known to be

illegally obtained by theft, fraud or conspiracy to defraud, in

order to either:

a. alter, counterfeit, deface, destroy, disguise,

falsify, forge, obliterate, or remove the identity,

including the hull identification number,

manufacturer's serial number or other identification

number of such vessel or motor or vessel or motor

part, in order to misrepresent the identity of such

vessel or motor or vessel or motor part, or to prevent

the identification of such vessel or motor or vessel

or motor part, or

b. sell or dispose of such vessel or motor or vessel or

motor part; and

2. "Unidentifiable" means that the uniqueness of a vessel or

motor or vessel or motor part cannot be established by either expert

law enforcement investigative personnel specially trained and

experienced in vessel or motor theft investigative procedures and

vessel or motor identification examination techniques, or by expert

Oklahoma Statutes - Title 63. Public Health and Safety Page 1696

employees of not-for-profit vessel or motor theft prevention

agencies specially trained and experienced in vessel or motor theft

investigation procedures and vessel or motor identification

examination techniques.
Okla. Stat. tit. 63, § 63-684.11 — OK Code / Title 63 / Section 63-684.11
Evacuation
Status: in_force

ARTICLE X

Evacuation

Plans for the orderly evacuation and interstate reception of

portions of the civilian population as the result of any emergency

or disaster of sufficient proportions to so warrant, shall be worked

out and maintained between the party states and the emergency

management or services directors of the various jurisdictions where

any type of incident requiring evacuations might occur. Such plans

shall be put into effect by request of the state from which evacuees

come and shall include the manner of transporting such evacuees, the

number of evacuees to be received in different areas, the manner in

which food, clothing, housing, and medical care will be provided,

the registration of the evacuees, the providing of facilities for

the notification of relatives or friends, and the forwarding of such

evacuees to other areas or the bringing in of additional materials,

supplies, and all other relevant factors. Such plans shall provide

that the party state receiving evacuees and the party state from

which the evacuees come shall mutually agree as to reimbursement of

out-of-pocket expenses incurred in receiving and caring for such

evacuees, for expenditures for transportation, food, clothing,

medicines and medical care, and like items. Such expenditures shall

be reimbursed as agreed by the party state from which the evacuees

come. After the termination of the emergency or disaster, the party

state from which the evacuees come shall assume the responsibility

for the ultimate support of repatriation of such evacuees.
Okla. Stat. tit. 63, § 63-330.52a — OK Code / Title 63 / Section 63-330.52a
Transfer of duties, powers, and responsibilities
Status: in_force

A. On November 1, 2023, all employees, powers, duties,

functions, and responsibilities of the Oklahoma State Board of

Examiners for Long-Term Care Administrators shall be transferred to

the State Department of Health. The transfer shall include all

equipment, supplies, records, assets, current and future

Oklahoma Statutes - Title 63. Public Health and Safety Page 1096

liabilities, fund balances, encumbrances, obligations, and

indebtedness associated with the Oklahoma State Board of Examiners

for Long-Term Care Administrators.

B. Any monies accruing to or in the name of the Oklahoma State

Board of Examiners for Long-Term Care Administrators on and after

November 1, 2023, or any monies that accrue in any funds or accounts

or are maintained for the benefit of the Oklahoma State Board of

Examiners for Long-Term Care Administrators on and after November 1,

2023, shall be transferred to the State Department of Health.

C. The State Department of Health shall succeed to any

contractual rights and responsibilities incurred by the Oklahoma

State Board of Examiners for Long-Term Care Administrators.

D. The Director of the Office of Management and Enterprise

Services is hereby directed to coordinate the transfer of funds,

allotments, purchase orders, and outstanding financial obligations

or encumbrances as provided for in this section.

E. On November 1, 2023, all administrative rules promulgated by

the Oklahoma State Board of Examiners for Long-Term Care

Administrators shall be transferred to and become a part of the

administrative rules of the State Department of Health. The Office

of Administrative Rules in the Secretary of State’s office shall

provide adequate notice in the Oklahoma Register of the transfer of

such rules and shall place the transferred rules under the Oklahoma

Administrative Code title of the State Department of Health. Such

rules shall continue in force and effect as rules of the State

Department of Health from and after November 1, 2023, and any

amendment, repeal, or addition to the transferred rules shall be

under the jurisdiction of the State Commissioner of Health.

F. The state agency known as the Oklahoma State Board of

Examiners for Long-Term Care Administrators shall be abolished after

all the transfers described in this section have been completed.
Okla. Stat. tit. 63, § 63-2-503.1 — OK Code / Title 63 / Section 63-2-503.1
Transactions involving proceeds derived from illegal
Status: in_force

drug activity prohibited - Penalties.

A. It is unlawful for any person knowingly or intentionally to

receive or acquire proceeds and to conceal such proceeds, or engage

in transactions involving proceeds, known to be derived from any

violation of the Uniform Controlled Dangerous Substances Act,

Section 2-101 et seq. of this title, or of any statute of the United

States relating to controlled dangerous substances as defined by the

Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.

of this title. This subsection does not apply to any transaction

between an individual and the counsel of the individual necessary to

preserve the right to representation of the individual, as

guaranteed by the Oklahoma Constitution and by the Sixth Amendment

of the United States Constitution. However, this exception does not

create any presumption against or prohibition of the right of the

state to seek and obtain forfeiture of any proceeds derived from a

violation of the Uniform Controlled Dangerous Substances Act,

Section 2-101 et seq. of this title, or of any statute of the United

States relating to controlled dangerous substances as defined by the

Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.

of this title.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1020

B. It is unlawful for any person knowingly or intentionally to

give, sell, transfer, trade, invest, conceal, transport, or maintain

an interest in or otherwise make available anything of value which

that person knows is intended to be used for the purpose of

committing or furthering the commission of any violation of the

Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.

of this title, or of any statute of the United States relating to

controlled dangerous substances as defined by the Uniform Controlled

Dangerous Substances Act, Section 2-101 et seq. of this title.

C. It is unlawful for any person knowingly or intentionally to

direct, plan, organize, initiate, finance, manage, supervise, or

facilitate the transportation or transfer of proceeds known to be

derived from any violation of the Uniform Controlled Dangerous

Substances Act, Section 2-101 et seq. of this title, or of any

statute of the United States relating to controlled dangerous

substances as defined by the Uniform Controlled Dangerous Substances

Act, Section 2-101 et seq. of this title.

D. It is unlawful for any person knowingly or intentionally to

conduct a financial transaction involving proceeds derived from a

violation of the Uniform Controlled Dangerous Substances Act,

Section 2-101 et seq. of this title, or of any statute of the United

States relating to controlled dangerous substances as defined by the

Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.

of this title, when the transaction is designed in whole or in part

to conceal or disguise the nature, location, source, ownership, or

control of the proceeds known to be derived from a violation of the

Uniform Controlled Dangerous Substances Act, Section 2-101 et seq.

of this title, or of any statute of the United States relating to

controlled dangerous substances as defined by the Uniform Controlled

Dangerous Substances Act, Section 2-101 et seq. of this title, or to

avoid a transaction reporting requirement under state or federal

law.

E. Any person convicted of violating any of the provisions of

this section is guilty of a Class C2 felony offense and may be

punished by imprisonment as provided for in subsections B through F

of Section 20M of Title 21 of the Oklahoma Statutes, or by a fine of

not more than Fifty Thousand Dollars ($50,000.00), or by both said

imprisonment and fine.
Okla. Stat. tit. 63, § 63-686.4 — OK Code / Title 63 / Section 63-686.4
Designation of emergency interim successor
Status: in_force

Each legislator shall designate not fewer than three nor more

than seven emergency interim successors to his powers and duties and

specify their order of succession. Each legislator shall review

and, as necessary, promptly revise the designations of emergency

interim successors to his powers and duties to insure that at all

times there are at least three such qualified emergency interim

successors.
Okla. Stat. tit. 63, § 63-2255.4 — OK Code / Title 63 / Section 63-2255.4
Renumbered as § 1-2404 of Title 63 by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2404 of Title 63

by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-1-227.7 — OK Code / Title 63 / Section 63-1-227.7
Director of Office of Child Abuse Prevention - Power
Status: in_force

and duties.

The State Board of Health shall direct the State Commissioner of

Health to employ, appoint or otherwise designate a Director for the

Office of Child Abuse Prevention. The Director shall:

1. Assure that the annual report is prepared as required by

Section 1-227.2 of this title;

Oklahoma Statutes - Title 63. Public Health and Safety Page 124

2. Formulate and recommend rules and regulations pertaining to

the implementation of the provisions of the Child Abuse Prevention

Act for approval or rejection by the Board; and

3. As authorized, act as agent for the Board in the performance

of its duties pertaining to the implementation of the provisions of

the Child Abuse Prevention Act.
Okla. Stat. tit. 63, § 63-5018 — OK Code / Title 63 / Section 63-5018
Confidentiality of Medicaid applications and records -
Status: in_force

Disclosure to authorized representative.

All applications and records concerning any applicant or

recipient under the Medicaid Program shall be confidential and shall

be open to inspection only to persons duly authorized by the

Oklahoma Health Care Authority, this state, or the United States,

and for purposes directly related to plan administration. Provided,

however, the Oklahoma Health Care Authority shall maintain a process

to allow an authorized representative of a client of the State

Medicaid Program to have access to confidential information when

necessary for eligibility determination and the appeals process.

For purposes of this section, "authorized representative" shall mean

any person designated by a client of the State Medicaid Program to

review confidential information about the client pertinent to

eligibility determination and the appeals process. For purposes of

this section, "purposes directly related to plan administration"

means establishing eligibility, determining the amount of medical

assistance, providing services to recipients, conducting or

assisting with an investigation or prosecution, or civil or criminal

proceedings in relation to the administration of the State Medicaid

Program.

Applications and records considered confidential are those which

disclose:

1. The name and address of the recipient;

2. The medical services provided;

3. The recipient's social and economic circumstances;

4. The agency's evaluation of personal information;

5. The medical data which includes but is not limited to

diagnosis and past history of disease and disability; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1724

6. Any information received for the purpose of verifying income

eligibility and determining the amount of medical assistance

payments.If a person who is on active duty with the United States Armed Forces makes an application to the

Oklahoma Health Care Authority to receive any type of benefits, either for himself or herself or for

an immediate family member, and the person has previously made the same or a substantially

similar application in another state which was pending at the time the person became a resident of

Oklahoma Statutes - Title 63. Public Health and Safety Page 58

this state, the Authority shall consider the application as if it had been made in this state at the
Okla. Stat. tit. 63, § 63-1-818.19 — OK Code / Title 63 / Section 63-1-818.19
Renumbered as § 1430.19 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.

Oklahoma Statutes - Title 63. Public Health and Safety Page 467
Okla. Stat. tit. 63, § 63-1-2004.2 — OK Code / Title 63 / Section 63-1-2004.2
Renumbered as § 2-7-107 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-141.5 — OK Code / Title 63 / Section 63-141.5
Renumbered as § 124.4 of this title by Laws 1995, c
Status: in_force

344, § 33, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-1-2723 — OK Code / Title 63 / Section 63-1-2723
Health Care Workforce Training Commission - Program
Status: in_force

funding.

A. The Health Care Workforce Training Commission shall have the

option of utilizing available funding in excess of the amount

necessary to fund the Oklahoma Medical Loan Repayment Program

described in Section 1-2721 of this title to fund new or expanded

primary care residency programs in rural and underserved areas of

the state. Such new or expanded primary care residency program

funding shall include but not be limited to:

1. Payments to hospitals or teaching health centers desiring to

establish new primary care residency programs. Such payments shall

be made to cover the costs of salaries, benefits and educational

costs of residents in training at the facility; or

2. Payments to hospitals or teaching health centers with

existing primary residency programs desiring to expand the number of

Oklahoma Statutes - Title 63. Public Health and Safety Page 873

residents participating in those programs. Such payments shall be

made to cover the costs of salaries, benefits and educational costs

of residents in training at the facility.

B. Provisions of this section shall be subject to the

promulgated rules of the Commission.
Okla. Stat. tit. 63, § 63-1-1953.6 — OK Code / Title 63 / Section 63-1-1953.6
Renumbered as § 1-1956.6 of this title by Laws 2020,
Status: in_force

c. 39, § 12, eff. Nov. 1, 2020.

Oklahoma Statutes - Title 63. Public Health and Safety Page 774
Okla. Stat. tit. 63, § 63-3101.13 — OK Code / Title 63 / Section 63-3101.13
Presumption of validity of advance directive
Status: in_force

In the absence of knowledge to the contrary, a physician or

other health care provider may presume that an advance directive

complies with the Oklahoma Advance Directive Act and is valid.
Okla. Stat. tit. 63, § 63-1-826 — OK Code / Title 63 / Section 63-1-826
Denial, refusal to renew, suspension or revocation of
Status: in_force

license.

After notice and opportunity for hearing pursuant to the

provisions of Section 1-830 of this title, the State Department of

Health may:

1. Deny a license to an applicant who does not meet the

requirements for licensure pursuant to the provisions of the

Residential Care Act or rules promulgated pursuant thereto;

2. Refuse to renew, suspend, or revoke a license to a licensee

or home which is not in compliance with the provisions of the

Residential Care Act or the rules of the State Board of Health

promulgated pursuant thereto;

3. Deny, refuse to renew, suspend, or revoke a license to an

applicant, licensee, or home which has a history of noncompliance or

incomplete or partial compliance with the provisions of the

Residential Care Act or the rules promulgated pursuant thereto or

for which there is other satisfactory evidence which demonstrates

that the applicant or licensee is unlikely to manage or operate a

home or to provide care or treatment to the residents of a home in a

manner which warrants public trust;

4. Deny, refuse to renew, suspend, or revoke a license to an

applicant or licensee who has insufficient financial or other

resources to the extent that the applicant or licensee is incapable

of assuring or providing adequate care or treatment to the residents

of the home;

5. Deny, refuse to renew, suspend, or revoke a license to an

applicant or licensee who has been convicted of a felony in

connection with the management or operation of a home, or facility

Oklahoma Statutes - Title 63. Public Health and Safety Page 478

as defined in Section 1-1902 of this title, or the care or treatment

of a resident of the home, or facility as defined in Section 1-1902

of this title;

6. Deny, refuse to renew, suspend, or revoke a license if an

administrator or operator of a home has been convicted of a felony

in connection with the management or operation of a home, or

facility as defined in Section 1-1902 or 1-1950.1 of this title, or

care or treatment of a resident of the home, or facility as defined

in Section 1-1902 of this title;

7. Deny, refuse to renew, suspend, or revoke a license to an

applicant or licensee who has permitted, aided, or abetted the

commission of any illegal act in connection with the management or

operation of a home or the care or treatment of a resident of a

home;

8. Refuse to renew a license if, at the time application is

made for the renewal of the license, the licensee or home is subject

to a plan of correction. The license may be renewed at such time as

the required corrections are completed in the manner and time

specified in the plan of correction. If a license is issued or

renewed with a plan of correction, such license may be suspended if

the required corrections are not completed in the manner and time

specified in the plan of correction; or

9. Suspend or revoke a license if the licensee has failed to

submit a plan of correction or to correct conditions as required in

a plan of correction pursuant to the provisions of Section 1-831 of

this title.
Okla. Stat. tit. 63, § 63-1-1301.36 — OK Code / Title 63 / Section 63-1-1301.36
Registration
Status: in_force

A. Any person engaged in the manufacture of a Mello-drink

product shall separately register each product with the Department

as provided by this section.

B. Each application for a registered product shall be in such

form as prescribed by the Department and shall be accompanied by a

fee of Ten Dollars ($10.00). The application shall include the

ingredients of the product, and the proposed label or labels for the

product. The Department shall approve such application if it

determines the product will comply or has complied with the

provisions of this act. The information required by this subsection

shall be kept current, and shall be amended within thirty (30) days

of any change; provided, that the submission of containers for

approval of minor informational changes on the label or changes in

the promotional panel of the label shall not require the payment of

any fee.

C. No Mello-drink product shall be sold unless it is registered

with and approved by the Department.

D. In addition to any other penalty, the Department or its

authorized agent may, after any hearing, revoke or suspend the

registration of any Mello-drink product for violation of the

provisions of this act.

E. All product registrations made pursuant to this section

shall be confidential. No information contained in the application

for any such registration, or in the registration, shall be divulged

by the Department, except if necessary for the proper determination

of any hearing before the Department or any court proceeding.
Okla. Stat. tit. 63, § 63-1-2509 — OK Code / Title 63 / Section 63-1-2509
Operation of ambulance service - Violation of act -
Status: in_force

Penalties - Public nuisance - Injunctions.

A. 1. No person, company, governmental entity or trust

authority may operate an ambulance service within this state except

as provided in this section. The State Commissioner of Health, the

district attorney of the county wherein the ambulance service

operates or may be found, or the Attorney General of this state

shall have the authority to bring an action to enjoin the operation

of any ambulance service not in compliance with the provisions of

this act.

2. A ground ambulance service based outside of this state that

is licensed and in good standing in its home state may respond to an

emergency request for care and transport of a patient within this

state provided no local licensed ambulance service is readily

available, and may be exempt from the licensing requirements of this

state pursuant to rules promulgated by the State Board of Health.

3. Requests for service must be referred by an Oklahoma

emergency dispatch center. The Board may require such exempt

ambulance service to subsequently provide documentation of emergency

response activities performed within this state.

Oklahoma Statutes - Title 63. Public Health and Safety Page 833

4. The State Department of Health shall have the authority to

investigate any complaint associated with an emergency response by

an out-of-state ambulance service in the same manner as ambulance

services licensed by the Department within this state.

B. The Commissioner shall have the authority to revoke or

suspend any license, to issue probationary licenses, or to levy such

administrative fines and penalties as may be deemed necessary, for

violations of the provisions of this act, subject to the provisions

of the Administrative Procedures Act. The powers afforded the

Commissioner within the general enforcement provisions of the Public

Health Code are additionally incorporated herein.

C. In addition to any other penalties, any person, company,

governmental entity or trust authority who violates any of the

provisions of this act relating to compliance with the provisions of

this act or of standards, specifications, procedures and rules

adopted by the Board may be punished by the assessment of a civil

penalty of not more than One Hundred Dollars ($100.00) for each

violation. Each day a violation continues shall be considered a

separate offense.

D. The operation or maintenance of an ambulance service in

violation of this act, or the rules promulgated by the Board, is

declared a public nuisance inimical to the public welfare. The

Commissioner in the name of the people of the state, through the

Attorney General, or the district attorney of the county in which

the ambulance service is located, may, in addition to other remedies

herein provided, bring action for an injunction to restrain such

violation or to enjoin the future operation or maintenance of any

such ambulance service.
Okla. Stat. tit. 63, § 63-1-839 — OK Code / Title 63 / Section 63-1-839
Disposition of monies received by Department
Status: in_force

All monies received by the State Department of Health, from any

monies received as a result of an assessment of a civil penalty

pursuant to the provisions of the Residential Care Act shall be

deposited in the Public Health Special Fund created in Section 1-107

of this title.

Oklahoma Statutes - Title 63. Public Health and Safety Page 490
Okla. Stat. tit. 63, § 63-1-757.3 — OK Code / Title 63 / Section 63-1-757.3
Application of act
Status: in_force

This act applies to any physician, health care provider or other

person who is providing abortion-inducing drugs for use within this

state, or any manufacturer or distributor providing abortion-

inducing drugs within this state.
Okla. Stat. tit. 63, § 63-3250.7 — OK Code / Title 63 / Section 63-3250.7
Reports
Status: in_force

Each community hospital public trust authority shall submit an

annual report to each beneficiary of the authority, the Governor,

the President Pro Tempore of the State Senate and the Speaker of the

Oklahoma House of Representatives. Such report shall be submitted

in accordance with the requirements for financial statement audits

in Section 212A of Title 74 of the Oklahoma Statutes, and shall

include an account of the operations and actions of the authority

and an accounting of all revenue received and disbursed by the

authority for the previous fiscal year.
Okla. Stat. tit. 63, § 63-1-1918.1 — OK Code / Title 63 / Section 63-1-1918.1
Dispensation of certain drugs in bubble pack units -
Status: in_force

Pilot program.

A. The purpose of this section is to reduce expensive and

unnecessary wastage of excess drugs dispensed to residents of

nursing homes. In order to determine if the use of bubble pack

units and the return and reissuance of unadulterated drugs is cost-

effective and administratively efficient there is hereby established

a pilot program for dispensing and returning anti-ulcer and

antiarthritics in bubble pack units. The pilot program shall

terminate January 1, 1998.

B. For the purpose of this study, upon filling a prescription

for residents of nursing facilities, a pharmacist shall dispense

anti-ulcer and antiarthritics in bubble pack units when available.

C. Any prescription for anti-ulcer and antiarthritics dispensed

by a pharmacist in bubble pack units for a resident of a nursing

home that is unused and is unadulterated may be returned for credit

to the issuing pharmacy. Such medication may be dispensed by the

Oklahoma Statutes - Title 63. Public Health and Safety Page 703

pharmacist to other nursing home patients. The Oklahoma Health Care

Authority in concert with the State Board of Pharmacy shall

promulgate permanent rules that will provide for the implementation

of this subsection. The permanent rules shall be promulgated by the

Board pursuant to the provisions of the Administrative Procedures

Act.

D. The Oklahoma State Board of Health in concert with the State

Board of Pharmacy shall promulgate rules to ensure the integrity of

the collection of unadulterated anti-ulcer and antiarthritics within

nursing facilities. The rules shall provide for a drug manifest

form that shall accompany each shipment of unadulterated anti-ulcer

and antiarthritics in bubble pack units from the nursing facility to

the dispensing pharmacy.

E. The State Board of Health shall report the findings of the

pilot program to the Speaker of the House of Representatives, the

President Pro Tempore of the Senate and the Governor by April 1,

1998.

F. For purposes of this section:

1. "Bubble pack units" means a sealed unit of use container

packaged by a pharmacy or pharmaceutical manufacturer that bears the

name of the drug, expiration date, and the name of the pharmacy

dispensing the drug;

2. "Nursing facility" means a facility as defined by Section 1-

1902 of Title 63 of the Oklahoma Statutes;

3. "Unadulterated" means medications that are properly stored,

labeled and not past the expiration date; and

4. "Antiarthritics" means legend nonsteroidal anti-inflammatory

drugs.
Okla. Stat. tit. 63, § 63-1-2002 — OK Code / Title 63 / Section 63-1-2002
Renumbered as § 2-7-103 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-2516.1 — OK Code / Title 63 / Section 63-1-2516.1
Agreements with local first responder agencies –
Status: in_force

Assistance with emergency medical response.

A. The governing body of any municipality, public ambulance

service district organized pursuant to Sections 1201 through 1221 of

Title 19 of the Oklahoma Statutes, or emergency medical service

district organized pursuant to Section 9C of Article X of the

Oklahoma Constitution may elect to enter into agreements with local

first responder agencies, whether governmental or nonprofit, for the

purpose of acquiring assistance with emergency medical response.

B. All agreements entered into pursuant to subsection A of this

section shall, at a minimum:

1. Determine the required training necessary in order for first

responders to participate under the agreement;

2. Establish a system for identifying which first responders

are eligible to participate under the agreement;

3. Establish a process for verifying the training credentials

of participating first responders;

4. Establish the level of emergency medical care to be provided

by the participating first responders;

5. Determine which party to the agreement shall provide

compensation, if any, and insurance coverage for participating first

responders;

6. Establish a process for ensuring that participating first

responders are familiar and compliant with applicable operating

procedures and standards of care; and

7. Establish the procedures by which participating first

responders shall be notified that their assistance is required.
Okla. Stat. tit. 63, § 63-2152 — OK Code / Title 63 / Section 63-2152
Donation of blood
Status: in_force

Any person sixteen (16) years of age with parental permission or

authorization, or seventeen (17) years of age or older without

parental permission or authorization shall be eligible to donate

blood voluntarily; provided that only persons eighteen (18) years of

age or older may receive compensation for blood so donated.
Okla. Stat. tit. 63, § 63-1-842 — OK Code / Title 63 / Section 63-1-842
Residents' representatives
Status: in_force

A. Any contract or application for admission to a residential

care facility shall include provisions for the applicant to

designate an individual to be the "representative of a resident".

The individual so designated shall have a fiduciary duty to the

resident to act at all times in the best interests of the resident.

Any resident of a residential care facility may change the

designation of a representative at any time and for any reason. No

representative shall be required to serve in such capacity if the

person objects to serving, and may resign as representative upon

written notice to the resident and the facility.

B. Upon admission or the signing of a contract for admission to

a residential care facility or any modifications to the contract for

admission, the representative of the resident shall be notified of

the admission, the contract or any modifications to the contract.

C. If a resident is subject to a special, limited or full

guardianship, pursuant to the provisions of the Oklahoma

Guardianship and Conservatorship Act or the Protective Services for

Oklahoma Statutes - Title 63. Public Health and Safety Page 491

the Elderly and for Incapacitated Adults Act, the representative of

the resident shall be the court-appointed guardian.
Okla. Stat. tit. 63, § 63-2255.9 — OK Code / Title 63 / Section 63-2255.9
Renumbered as § 1-2410 of Title 63 by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2410 of Title 63

by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-3141.7 — OK Code / Title 63 / Section 63-3141.7
Attorney fees
Status: in_force

In any action or proceeding brought pursuant to Section 5 or 6

of this act, the court shall allow the prevailing plaintiff a

reasonable attorney fee as part of its costs. If the court

determines that the action or proceeding was brought frivolously or

in bad faith, the court shall allow a prevailing defendant a

reasonable attorney fee as part of its costs.
Okla. Stat. tit. 63, § 63-1074 — OK Code / Title 63 / Section 63-1074
Additional remedies conferrable by the authority
Status: in_force

An authority shall have power, by its resolution, trust

indenture, lease or other contract, to confer upon any obligee the

right, in addition to all rights that may otherwise be conferred,

upon the happening of an event of default as defined in such

resolution or instrument, by suit, action or proceeding in any court

of competent jurisdiction:

(a) to cause possession of any project or any part thereof to be

surrendered to any such obligee.

(b) to obtain the appointment of a receiver of any project of

the authority or any part thereof and of the rents and profits

therefrom. if such receiver be appointed, he may enter and take

possession of such project or any part thereof and operate and

maintain same, and collect and receive all fees, rents, revenues, or

other charges thereafter arising therefrom, and shall keep such

monies in a separate account or accounts and apply the same in

accordance with the obligations of the authority as the court shall

direct.

(c) to require the authority and the commissioners, officers,

agents and employees thereof to account as if it and they were the

trustees of an express trust.
Okla. Stat. tit. 63, § 63-1-1407 — OK Code / Title 63 / Section 63-1-1407
Minor violations
Status: in_force

Nothing in this article shall be construed as requiring the

State Commissioner of Health to report, for the institution of

proceedings under this article, minor violations of this article,

whenever the Commissioner believes that the public interest will be

adequately served in the circumstances by a suitable written notice

or warning.
Okla. Stat. tit. 63, § 63-1-2443 — OK Code / Title 63 / Section 63-1-2443
Renumbered as § 2-11-103 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-738i — OK Code / Title 63 / Section 63-1-738i
Statistical Abortion Reporting Act
Status: in_force

This act shall be known and may be cited as the “Statistical

Abortion Reporting Act”.
Okla. Stat. tit. 63, § 63-1-747.4 — OK Code / Title 63 / Section 63-1-747.4
Cause of action
Status: in_force

A cause of action in law or equity for recoupment, declaratory

or injunctive relief against any person who has intentionally

violated the Prioritization of Public Funding in the Purchasing of

Family Planning and Counseling Services Act may be maintained by a

district attorney with appropriate jurisdiction, or by the Attorney

General.
Okla. Stat. tit. 63, § 63-5003 — OK Code / Title 63 / Section 63-5003
Legislative declaration - Purpose
Status: in_force

A. The Legislature recognizes that the state is a major

purchaser of health care services, and the increasing costs of such

health care services are posing and will continue to pose a great

financial burden on the state. It is the policy of the state to

provide comprehensive health care as an employer to state employees

and officials and their dependents and to those who are dependent on

the state for necessary medical care. It is imperative that the

state develop effective and efficient health care delivery systems

Oklahoma Statutes - Title 63. Public Health and Safety Page 1707

and strategies for procuring health care services in order for the

state to continue to purchase the most comprehensive health care

possible.

B. It is therefore incumbent upon the Legislature to establish

the Oklahoma Health Care Authority whose purpose shall be to:

1. Purchase Medicaid benefits;

2. Study all state-purchased and state-subsidized health care,

alternative health care delivery systems and strategies for the

procurement of health care services in order to maximize cost

containment in these programs while ensuring access to quality

health care;

3. Make recommendations aimed at minimizing the financial

burden which health care poses for the state, its employees and its

charges, while at the same time allowing the state to provide the

most comprehensive health care possible; and

4. Administer the state-sponsored health and dental benefits

plans known as HealthChoice and life insurance plans in accordance

with the Oklahoma Employees Insurance and Benefits Act and the State

Employees Flexible Benefits Act. The Office of Management and

Enterprise Services shall cause the transfer of all necessary

assets, data, records, and personnel necessary for the

administration of HealthChoice not later than the effective date of

this act.
Okla. Stat. tit. 63, § 63-2869.3 — OK Code / Title 63 / Section 63-2869.3
Outgoing calls - Confidentiality - Liability
Status: in_force

A. Nine-one-one emergency telephone service information may be

used by a public law enforcement or public health agency for the

purpose of placing outgoing emergency calls that notify the public

of an emergency or provide to the public information relative to an

emergency.

B. Nine-one-one emergency telephone service information shall

be confidential. Any public law enforcement or public health agency

Oklahoma Statutes - Title 63. Public Health and Safety Page 1443

that uses nine-one-one emergency telephone service information for

the purposes set forth in subsection A of this section shall

establish methods and procedures that ensure the confidentiality of

the information.

C. For purposes of this section “nine-one-one emergency

telephone service information” shall mean the name, address and

telephone number of a service user of a local exchange telephone

company.

D. No person providing service pursuant to this section shall

be liable for using nine-one-one emergency telephone service

information, or providing such information to any public law

enforcement or public health agency, in accordance with subsection B

of this section.
Okla. Stat. tit. 63, § 63-1-706.10 — OK Code / Title 63 / Section 63-1-706.10
Short title
Status: in_force

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

Medical Services for Children Resource Center Act".
Okla. Stat. tit. 63, § 63-1-570 — OK Code / Title 63 / Section 63-1-570
Genetic Counseling Licensure Revolving Fund
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 259

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

fund for the State Department of Health to be designated the

"Genetic Counseling Licensure Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies that may be directed thereto by the State

Board of Health, and all other monies including gifts, grants and

other funds that may be directed thereto. All monies accruing to

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

and expended by the Board for the purpose of licensure of genetic

counselors and for other purposes specifically authorized by this

act. 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.

B. The fund shall be administered by the State Department of

Health.

C. Monies from the fund shall not be used to engage in any

political activities or lobbying including, but not limited to,

support of or opposition to candidates, ballot initiatives,

referenda or other similar activities.
Okla. Stat. tit. 63, § 63-2353 — OK Code / Title 63 / Section 63-2353
Safety glazing materials required in hazardous locations
Status: in_force

It shall be unlawful within the State of Oklahoma to knowingly

sell, fabricate, assemble, glaze, install, consent or cause to be

installed glazing material other than safety glazing materials in,

or for use in, any hazardous location as defined in Section 1,

paragraph 2.
Okla. Stat. tit. 63, § 63-427.15a — OK Code / Title 63 / Section 63-427.15a
Publicly traded company defined
Status: in_force

For purposes of this section, "publicly traded company" means a

business entity organized under the laws of the United States or

Canada where the domicile for the business entity permits the sale

of marijuana and such business entity has a class of securities that

are registered and traded for investment pursuant to the Security

Exchange Act of 1934 or listed and traded for investment on a

reputable recognized foreign stock exchange or foreign market

exchange.

On and after the effective date of this act, a publicly traded

company as defined herein is authorized to purchase up to forty

percent (40%) of the equity in an existing Oklahoma business that

holds a valid Oklahoma medical marijuana grower, processor or

transporter license; provided, however, the only Oklahoma business

qualified for investment or equity purchase under this section must

have held a valid medical marijuana grower, processor or transporter

license for at least eighteen (18) months prior to the investment or

equity purchase and must be currently operating in good standing in

this state. A licensed medical marijuana dispensary shall not be

qualified for investment or equity purchase under the provisions of

this section.
Okla. Stat. tit. 63, § 63-1-818.15 — OK Code / Title 63 / Section 63-1-818.15
Renumbered as § 1430.15 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.
Okla. Stat. tit. 63, § 63-686.6 — OK Code / Title 63 / Section 63-686.6
Maintaining minimum number of successors
Status: in_force

Prior to an emergency or disaster, if a legislator fails to

designate the required minimum number of emergency interim

successors within sixty (60) days following the effective date of

this act or, after such period, if for any reason the number of

emergency interim successors for any legislator falls below the

required minimum and remains below such minimum for a period of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1263

sixty (60) days, then the floor leader of the same political party

in the same house as such legislator shall, by and with the consent

of the Speaker of the House of Representatives or President Pro

Tempore of the Senate, promptly designate as many emergency interim

successors as are required to achieve such minimum number, but the

floor leader shall not assign to any designees a rank in order of

succession higher than that of any remaining emergency interim

successor previously designated by a legislator for succession to

the legislator’s own powers and duties. Each emergency interim

successor designated by the floor leader shall serve at the pleasure

of the designating person, but the legislator for whom the emergency

successor is designated or any subsequent incumbent of the office

may change the rank in order of succession or replace at the

pleasure of the designating person any emergency interim successor

so designated.
Okla. Stat. tit. 63, § 63-330.97 — OK Code / Title 63 / Section 63-330.97
Renumbered as § 1-2522 of this title by Laws 2002, c
Status: in_force

374, § 11, eff. July 1, 2002.
Okla. Stat. tit. 63, § 63-1-866.4 — OK Code / Title 63 / Section 63-1-866.4
Referral agency duties
Status: in_force

A referral agency shall:

1. Use a nationally accredited service provider to obtain

criminal history record information upon hire, on a referral agency

employee who has direct contact with a consumer; provided, however,

that a referral agency employee who physically enters an assisted

living center or continuum of care facility with the purpose of

making a referral on behalf of a consumer, shall obtain a criminal

background check, in accordance with paragraph 1 of subsection I of

Section 1-1947 of Title 63 of the Oklahoma Statutes;

2. Maintain liability insurance coverage for negligent acts or

omissions by the referral agency or its employees;

3. Audit each assisted living center or continuum of care

facility to which the referral agency provides referrals to ensure

that any applicable license is in good standing and maintain a

record of that audit;

4. Provide all referral agency employees whose job

responsibilities require direct contact with a consumer with

introductory training, including training on the referral agency's

code of conduct, before the employee begins performing those

responsibilities;

5. Provide an assisted living center or continuum of care

facility with the time and date on which any referral has been made

to the assisted living center or continuum of care facility in a

clear and conspicuous written physical or electronic document on or

before the date the consumer is admitted; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 532

6. After November 1, 2024, provide any new written contract

with an assisted living center or continuum of care facility for

which it is making referrals the length of time that a referral

agency shall be paid from the date that the referral was made to the

assisted living center or continuum of care facility not to exceed

thirty-six (36) months.
Okla. Stat. tit. 63, § 63-2-560 — OK Code / Title 63 / Section 63-2-560
Manufacture of controlled dangerous substance
Status: in_force

restrictions.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1046

Any person who engages in manufacturing any controlled dangerous

substance within two thousand (2,000) feet of the real property

comprising a family child care home, a child care center, a large

family child care home or part-day child care program, as those

terms are defined by Section 402 of Title 10 of the Oklahoma

Statutes, shall be liable for treble damages for any loss or harm

caused thereby.
Okla. Stat. tit. 63, § 63-2-102 — OK Code / Title 63 / Section 63-2-102
Bureau of Narcotics and Dangerous Drugs Control
Status: in_force

There is hereby established the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control.
Okla. Stat. tit. 63, § 63-1-729.6 — OK Code / Title 63 / Section 63-1-729.6
Interpretation of act
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 300

Nothing in this act shall be construed as creating or

recognizing a right to abortion.
Okla. Stat. tit. 63, § 63-1-1924 — OK Code / Title 63 / Section 63-1-1924
Information which may be disclosed by department
Status: in_force

The following information is subject to disclosure to the public

from the Department:

1. Information submitted under Section 40 of this act except

information concerning the remuneration of personnel licensed,

registered or certified by the Department and monthly charges for an

individual private resident;

2. Records of license and certification inspections, surveys

and evaluations of facilities, other reports of inspections, surveys

and evaluations of resident care, and reports concerning a facility

prepared pursuant to Titles XVIII and XIX of the Social Security

Act, subject to the provisions of the Social Security Act; and

3. Complaints filed against a facility and complaint

investigation reports, except that a complaint or complaint

investigation report shall not be disclosed to a person other than

the complainant or complainant's representative before it is

disclosed to a facility as provided in Section 40 of this act and,

Oklahoma Statutes - Title 63. Public Health and Safety Page 712

further, except that a complainant or resident's name shall not be

disclosed except as provided in Section 40 of this act.
Okla. Stat. tit. 63, § 63-2661 — OK Code / Title 63 / Section 63-2661
Hearing - Notice
Status: in_force

A. The Commissioner, after notice and opportunity for a hearing

to the applicant or licensee, may deny, suspend or revoke a license

in any case in which the Commissioner finds that there has been a

substantial failure to comply with the requirements of this act.

B. Notice shall be given by registered mail or by personal

service and shall set forth the particular reasons for the action

proposed by the Commissioner. The notice shall fix a date not less

than thirty (30) days from the date of the mailing or service, at

which time the licensee or applicant shall be given an opportunity

for a prompt and fair hearing.

C. At the hearing the licensee or applicant may present

evidence, examine witnesses and be represented by counsel of his

Oklahoma Statutes - Title 63. Public Health and Safety Page 1419

choice. On the basis of the hearing, or upon default of the

licensee or applicant, the Commissioner shall make a determination

specifying his findings of fact and conclusions of law. A copy of

such determination shall be sent by registered mail or served

personally upon the licensee or applicant.

D. The decision revoking, suspending or denying the license or

application shall become final thirty (30) days after it is so

mailed or served unless the applicant or licensee within that period

appeals the decision.

E. Any person or governmental unit aggrieved by a decision of

the Commissioner may appeal to the district court.
Okla. Stat. tit. 63, § 63-1-1604 — OK Code / Title 63 / Section 63-1-1604
Violations - Penalties - Exemptions
Status: in_force

(a) Any person who violates any of the provisions of Section

1603 shall be guilty of a misdemeanor and shall on conviction

thereof be subject to a fine of not more than Five Hundred Dollars

($500.00), or to imprisonment for not more than ninety (90) days, or

both; but for offenses committed with intent to defraud or mislead,

or for second and subsequent offenses, the penalty shall be

imprisonment for not more than one year, or a fine of not more than

Three Thousand Dollars ($3,000.00), or both such imprisonment and

fine.

(b) No person shall be subject to the penalties of subsection

(a) of this section (1) for having violated Section 1603(c), if the

receipt, delivery, or proffered delivery of the hazardous substance

was made in good faith, unless he refuses to furnish, on request of

an officer or employee duly designated by the State Commissioner of

Health, the name and address of the person from whom he purchased or

received such hazardous substance, and copies of all documents, if

any there be, pertaining to the delivery of the hazardous substance

to him; or (2) for having violated Section 1603(a), if he

establishes a guaranty or undertaking signed by, and containing the

name and address of, the person residing in the United States from

Oklahoma Statutes - Title 63. Public Health and Safety Page 646

whom he received in good faith the hazardous substance, to the

effect that the hazardous substance is not in misbranded packages

within the meaning of that term in this article; or (3) for having

violated subsection (a) or (c) of Section 1603 in respect of any

hazardous substance shipped or delivered for shipment for export to

any foreign country, in a package marked for export on the outside

of the shipping container and labeled in accordance with the

specifications of the foreign purchaser and in accordance with the

laws of the foreign country, but, if such hazardous substance is

sold or offered for sale in domestic commerce, this clause shall not

apply.
Okla. Stat. tit. 63, § 63-1-229.8 — OK Code / Title 63 / Section 63-1-229.8
Contractor reports – Report to Governor and
Status: in_force

Legislature.

A. As a condition to the receipt of funds under this act, a

contractor shall agree to file a report with the State Department of

Health on or before ninety (90) days after the end of the agreement

period as to the following:

1. Amount received as a contract and the expenditures made with

the proceeds of the contract;

2. A description of the program offered and the number of

individuals who initially participated in and completed the program;

and

3. Specific elements of the program meeting the criteria set

forth in the State Plan.

B. Any contractor failing to timely file the report required

pursuant to this section shall be subject to the jurisdiction of the

Attorney General for repayment of the full amount of the contract

expended.

C. The State Department of Health shall review and evaluate the

reports of contractors required pursuant to this section and shall

file a written report with the Speaker of the House of

Representatives, the President Pro Tempore of the Senate, and the

Governor on or before February 1 of each year on the status of the

Tobacco Use Reduction Fund and the activities of the Fund for the

fiscal year most recently ended. The report shall include the

beginning and ending balance of the Fund for each fiscal year,

payments or gifts received by the Fund, income earned and

expenditures made, the name of each contractor and the amount of

each contract made, the criteria used to award each contract, and

whether the program implemented by each contractor met the criteria.

The report shall be publicly available immediately upon its filing.
Okla. Stat. tit. 63, § 63-1-2201 — OK Code / Title 63 / Section 63-1-2201
Renumbered as § 1150.2 of Title 59 by Laws 1993, c
Status: in_force

145, § 360, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1969 — OK Code / Title 63 / Section 63-1-1969
Administrative Procedures Act - Application
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 793

The provisions of the Administrative Procedures Act shall apply

to all administrative rules and procedures of the State Board of

Health promulgated pursuant to the Home Care Act.
Okla. Stat. tit. 63, § 63-1-707b — OK Code / Title 63 / Section 63-1-707b
Granting of staff privileges - Criteria
Status: in_force

A. The administrator in charge of or the governing board of

each hospital licensed by the State Commissioner of Health shall

adopt written criteria for use in determining which licensed medical

doctors, doctors of osteopathy, doctors of podiatry, and health

service psychologists shall be granted professional and/or medical

staff privileges by the hospital. A licensed hospital shall not

deny an application based solely on the applicant's license, as long

as the applicant is licensed to practice:

1. Medicine by the State Board of Medical Licensure and

Supervision;

2. Osteopathy by the State Board of Osteopathy;

3. Podiatry by the State Board of Podiatry; or

4. As a health service psychologist by the Oklahoma State Board

of Examiners of Psychologists.

B. The accordance and delineation of medical staff membership

or clinical privileges shall be determined on an individual basis

commensurate with an applicant's education, training, experience and

demonstrated clinical competence.

C. When medical education training and specialty board

certification are considerations in the credentialing and

recredentialing of physicians, hospitals and health plans shall give

equal recognition to those bodies recognized by the federal

government for the training and certification of such physicians.

Hospitals and health plans shall not discriminate, on the basis of

education, against eligible physicians who have:

Oklahoma Statutes - Title 63. Public Health and Safety Page 278

1. Graduated from medical schools and postdoctoral programs

approved by either the American Osteopathic Association or the

Accreditation Council for Graduate Medical Education; or

2. Been awarded board eligibility or board certification by

specialty boards recognized by either the American Osteopathic

Association or the American Board of Medical Specialties.
Okla. Stat. tit. 63, § 63-1-876 — OK Code / Title 63 / Section 63-1-876
Denial, suspension, non-renewal or revocation of license
Status: in_force

- notice - Hearing - Reinstatement of suspended license.

A. The State Department of Health may deny, suspend, deny

renewal or revoke the license of an applicant or a licensed adult

day care center which fails to comply with the licensing

requirements and rules and regulations specified by the provisions

of the Adult Day Care Act.

B. The Department shall give a center thirty (30) days' written

notice that its license is to be suspended or revoked, and shall

take action at the end of that time if the center is still out of

compliance. However, if the health and safety of participants is

threatened, the suspension or revocation shall be effective

immediately, and the center closed.

C. Holders of suspended or revoked licenses shall be entitled

to a hearing before Department licensure officials if requested

within ten (10) days of their notification. The hearing shall be

held at least ten (10) days before final action is taken and

conducted pursuant to the Administrative Procedures Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 536

D. Suspended licenses may be reinstated if deficiencies are

corrected within a time frame established by the Department.
Okla. Stat. tit. 63, § 63-3208 — OK Code / Title 63 / Section 63-3208
University Hospitals Authority - Powers and duties
Status: in_force

A. The Authority shall have the power to:

1. Adopt bylaws and promulgate rules for the regulation of its

affairs and the conduct of its business;

2. Adopt an official seal;

3. Maintain an office at the University Hospitals;

4. Sue and be sued, subject to the provisions of The

Governmental Tort Claims Act;

5. Establish rates of payment for hospital and clinical

services, which shall provide for exceptions and adjustments in

cases where the recipients of services are unable to pay and for

whom no third party source of payment is available, and to establish

different rates of payment for indigent and nonindigent care;

6. Enter into cooperative agreements with the Board of Regents

of the University of Oklahoma for educational programs, professional

staffing, research and other medical activities and to pass through

funds appropriated by the Legislature consistent with past practice;

7. Make and enter into all contracts necessary or incidental to

the performance of its duties and the execution of its powers

pursuant to the University Hospitals Authority Act;

8. Purchase or lease equipment, furniture, materials and

supplies, and incur such other expenses as may be necessary to

maintain and operate the hospitals or clinics, or to discharge its

duties and responsibilities or to make any of its powers effective;

9. Acquire by purchase, lease, gift, or by any other manner,

and to maintain, use and operate or to contract for the maintenance,

use and operation of or lease of any and all property of any kind,

real, personal, or mixed or any interest therein unless otherwise

provided by the University Hospitals Authority Act;

10. Appoint such officers, agents and employees, including but

not limited to attorneys, architects and construction managers, as

it deems necessary to operate and maintain the University Hospitals

and to prescribe their duties and to fix their compensation;

11. Accept grants from the United States of America, or from

any corporation or agency created or designated by the United States

of America, and, in connection with any such grant, to enter into

such agreements as the United States of America or such corporation

or agency may require;

12. Make and issue bonds and to pledge revenues of the

Authority subject to the Oklahoma Bond Oversight and Reform Act.

Nothing in the University Hospitals Authority Act shall authorize

the issuance of any bonds of the Authority payable other than from

revenues of the University Hospitals. Funds appropriated to the

University Hospitals shall not be used for issuance of bonds.

Authority revenue bonds issued under the provisions of the

University Hospitals Authority Act shall not at any time be deemed

to constitute a debt of the state or of any political subdivision

Oklahoma Statutes - Title 63. Public Health and Safety Page 1523

thereof or a pledge of the faith and credit of the state or of any

political subdivision, but such bonds shall be payable solely from

the funds herein provided. Such revenue bonds shall contain on the

face thereof a statement to the effect that neither the state nor

the Authority shall be obligated to pay the same or the interest

thereon except from the revenues of the project or projects for

which they are issued and that neither the faith and credit nor the

taxing power of the state or any political subdivision thereof is

pledged, or may hereafter be pledged, to the payment of the

principal of or the interest on such bonds. The maximum amount of

outstanding bonds at any time shall not exceed Fifty Million Dollars

($50,000,000.00) unless a greater amount is expressly approved by

the Legislature by a concurrent resolution adopted prior to

commencing any action in anticipation of issuance of revenue bonds

of the University Hospitals Authority for the greater amount;

13. Provide for complete financial audits on all accounts of

the University Hospitals Authority and to authorize periodic audits

by an independent external auditing agency. Such audits to be

performed annually in a format approved by the State Auditor and

Inspector and all such audits shall be submitted to the State

Auditor and Inspector for review. Such audits shall be made in

accordance with generally accepted auditing standards and government

auditing standards. Financial statements shall be prepared in

accordance with generally accepted accounting principles. In

addition to said audits, the State Auditor and Inspector, whenever

he or she deems it appropriate, and at least once each five (5)

years, or upon receipt of a request to do so from the Governor, the

Attorney General, the President Pro Tempore of the Senate, the

Speaker of the House of Representatives or the Authority shall

conduct a special audit of the Authority and the University

Hospitals;

14. Engage in long-term planning for the operation and

management of the University Hospitals;

15. Establish petty cash funds and provide for appropriate

accounting procedures and controls;

16. Contract with national manufacturers, wholesalers and

distributors of equipment, drugs and medical supplies when

appropriate to carry out the purposes of the University Hospitals

Authority Act;

17. Do all other things necessary and proper to implement the

provisions of the University Hospitals Authority Act;

18. Waive, by such means as the Authority deems appropriate,

the exemption from federal income taxation of interest on the

Authority's bonds provided by the Internal Revenue Code of 1986, as

amended, or any other federal statute providing a similar exemption;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1524

19. Arrange for guaranties or insurance of its bonds by the

federal government or by any private insurer, and to pay any

premiums therefor; and

20. Adopt policies for the disposal of surplus property.

B. The University Hospitals Authority shall be subject to the

Oklahoma State Finance Act, Section 34 et seq. of Title 62 of the

Oklahoma Statutes.

C. The Authority shall prepare monthly a "budget vs. actual"

report which shows by budget activity the monthly and year-to-date

revenues and expenditures compared to budgeted revenues and

expenditures. Such report shall be submitted upon request to the

Office of Management and Enterprise Services and to the Directors of

the House of Representatives Fiscal Division and the Senate Fiscal

Division.

D. The Authority shall be subject to the professional risk

management program provided for in Section 85.58A of Title 74 of the

Oklahoma Statutes.

E. The Authority may enter into contracts for construction and

remodeling projects in accordance with applicable statutes and its

own administrative rules. The Authority shall have the power to

authorize the demolition of any building owned by the Authority upon

a finding that the building is no longer suitable for the purposes

for which it was intended and that a renovation of the building is

not economically justifiable.

F. The Authority may provide space, utilities and janitorial

services to the Department of Human Services Institutional

Maintenance and Construction Architecture and Engineering Planning

Unit.
Okla. Stat. tit. 63, § 63-2451 — OK Code / Title 63 / Section 63-2451
Renumbered as § 1-2517 of this title by Laws 1999, c
Status: in_force

156, § 5, eff. Nov. 1, 1999.
Okla. Stat. tit. 63, § 63-485.12 — OK Code / Title 63 / Section 63-485.12
Exemptions
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 1216

Specialized vehicles utilized by the J.D. McCarty Center for

Children with Developmental Disabilities shall not be included in

nor subject to provisions of law establishing the State Motor Pool

Division within the Office of Management and Enterprise Services.
Okla. Stat. tit. 63, § 63-1-2401 — OK Code / Title 63 / Section 63-1-2401
Renumbered as § 2-10-1101 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-4215 — OK Code / Title 63 / Section 63-4215
Negligent operation - Liability
Status: in_force

A. The owner of a vessel shall be liable for any injury or

damage occasioned by the negligent operation of such vessel, whether

such negligence consists of a violation of the provisions of the

statutes of this state, or the violation of any municipal ordinance,

or neglecting to observe such ordinary care and such operation as

the rules of the common law require. The owner shall not be liable,

however, unless such vessel is being used with his or her express or

implied consent. Nothing contained herein shall be construed to

relieve any other person from any liability which he or she would

otherwise have.

B. The owner of a vessel shall not be liable for any injury or

damage occasioned by the negligent operation of the vessel as

provided in subsection A of this section if:

1. The owner is engaged in the trade or business of renting or

leasing vessels;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1686

2. The owner is in compliance with the Oklahoma Vessel and

Motor Registration Act, Section 4001 et seq. of this title;

3. The injury or damage occurred during a period of rental or

lease;

4. The owner did not knowingly permit or entrust the vessel to

be operated by a reckless or otherwise incompetent operator where

the owner knew or should have known that the injury or damage would

have occurred; and

5. The owner has:

a. briefed the renter of the vessel on the location of

fire extinguishers and life vests when applicable,

b. ensured there are enough life vests of the proper size

for every passenger on the boat,

c. presented guidelines to the renter for safely piloting

a vessel, and

d. executed a safety check on lighting, gasoline, oil,

and bilge water removal systems.
Okla. Stat. tit. 63, § 63-1-745.52 — OK Code / Title 63 / Section 63-1-745.52
Abortion prohibited - Exceptions
Status: in_force

Except as provided by Section 3 of this act, a person shall not

knowingly perform or attempt to perform an abortion unless:

Oklahoma Statutes - Title 63. Public Health and Safety Page 412

1. The abortion is necessary to save the life of a pregnant

woman in a medical emergency; or

2. The pregnancy is the result of rape, sexual assault, or

incest that has been reported to law enforcement.
Okla. Stat. tit. 63, § 63-1-133 — OK Code / Title 63 / Section 63-1-133
State-designated entity for health information exchange
Status: in_force

– Data exchange by health care providers.

A. As used in this section:

1. "Health information exchange" means the electronic movement

of health-related information among organizations according to

nationally recognized standards for purposes including, but not

limited to, payment, treatment, and administration; and

2. "Health information exchange organization" means an entity

whose primary business activity is health information exchange and

which is governed by its stakeholders.

B. The State of Oklahoma:

1. Shall designate a health information exchange organization

as the state-designated entity for health information exchange;

2. Shall establish a transition plan to ensure continued

operation of the health information exchange; and

3. May temporarily serve as the state-designated entity as part

of the transition plan described in paragraph 2 of this subsection.

Oklahoma Statutes - Title 63. Public Health and Safety Page 98

C. Beginning July 1, 2023, all health care providers as defined

by the rules promulgated by the Oklahoma Health Care Authority Board

and who are licensed by and located in this state may report data to

and utilize the state-designated entity. The Office of the State

Coordinator for Health Information Exchange may, as provided by

rules promulgated by the Board, allow exemptions from the

requirement provided by this subsection on the basis of financial

hardship, size, or technological capability of a health care

provider or such other bases as may be provided by rules promulgated

by the Board.

D. 1. A person who participates in the services or information

provided by the state-designated entity shall not be liable in any

action for damages or costs of any nature that result solely from

the person's use or failure to use information or data from the

state-designated entity that was entered or retrieved under relevant

state or federal privacy laws, rules, regulations, or policies

including, but not limited to, the Health Insurance Portability and

Accountability Act of 1996.

2. A person shall not be subject to antitrust or unfair

competition liability based on participation with the state-

designated entity as long as the participation provides an essential

governmental function for the public health and safety and enjoys

state action immunity.

E. A person who provides information and data to the state-

designated entity retains a property right in the information or

data, but grants to the other participants or subscribers a

nonexclusive license to retrieve and use that information or data

under relevant state or federal privacy laws, rules, regulations, or

policies including, but not limited to, the Health Insurance

Portability and Accountability Act of 1996.

F. Patient-specific protected health information shall only be

disclosed in compliance with relevant state or federal privacy laws,

rules, regulations, or policies including, but not limited to, the

Health Insurance Portability and Accountability Act of 1996.

G. The Oklahoma Health Care Authority Board shall promulgate

rules to implement the provisions of this section.
Okla. Stat. tit. 63, § 63-330.98 — OK Code / Title 63 / Section 63-330.98
Emergency Management Assistance Compact and Rescue Out
Status: in_force

of State Deployments Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Department of Emergency Management and Homeland Security, to

be designated the "Emergency Management Assistance Compact and

Rescue Out of State Deployments Revolving Fund". The fund shall be

Oklahoma Statutes - Title 63. Public Health and Safety Page 1099

a continuing fund, not subject to fiscal year limitations, and shall

consist of all monies deposited to the credit of the fund by law.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Department of

Emergency Management and Homeland Security for the direct

reimbursement of participating entities deployed through the

Oklahoma Department of Emergency Management and Homeland Security

that is consistent with the federal Emergency Management Assistance

Compact Guidelines. 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, § 63-1-2003 — OK Code / Title 63 / Section 63-1-2003
Renumbered as § 2-7-104 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 803
Okla. Stat. tit. 63, § 63-1-1440.5 — OK Code / Title 63 / Section 63-1-1440.5
Recodified as § 5-4.6 of Title 2 by Laws 2017, c. 85,
Status: in_force

§ 6, eff. Nov. 1, 2017.
Okla. Stat. tit. 63, § 63-685.1 — OK Code / Title 63 / Section 63-685.1
Citation
Status: in_force

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

Interim Executive and Judicial Succession Act", and shall be

cumulative to the Oklahoma Emergency Management Act of 2003.
Okla. Stat. tit. 63, § 63-1-1953.2 — OK Code / Title 63 / Section 63-1-1953.2
Renumbered as § 1-1956.2 of this title by Laws 2020,
Status: in_force

c. 39, § 8, eff. Nov. 1, 2020.
Okla. Stat. tit. 63, § 63-1-229.35 — OK Code / Title 63 / Section 63-1-229.35
Vapor manufacturers to attest to applying for or
Status: in_force

receiving a marketing order.

A. Beginning July 1, 2023, every manufacturer of a vapor

product that is sold or intended to be sold in this state, whether

directly or through a distributor, retailer, or similar intermediary

or intermediaries, shall execute and deliver an attestation under

penalty of perjury to the Oklahoma Alcoholic Beverage Laws

Enforcement (ABLE) Commission certifying that, as of the date of

such attestation:

1. The vapor product was available for purchase in the United

States as of August 8, 2016, and the manufacturer has applied for a

marketing order for the vapor product by submitting a Premarket

Tobacco Product Application on or before September 9, 2020, to the

United States Food and Drug Administration (FDA); or

2. The manufacturer has received a marketing order or other

authorization for the vapor product from the FDA pursuant to Section

387j of Title 21 of the United States Code.

B. The manufacturer shall notify the ABLE Commission within

thirty (30) days of any material change to the attestation,

including whether the FDA has issued or not issued a market order or

other authorization or has ordered the manufacturer to remove the

vapor product, either temporarily or permanently, from the United

States market.

C. The ABLE Commission shall develop a directory listing all of

the manufacturers that have provided attestations that comply with

subsection A of this section and all vapor products that are listed

in such attestations. The ABLE Commission shall:

1. Make the directory available for public inspection on its

website on or before October 1, 2023; and

2. Update the directory as necessary to correct mistakes and to

add or remove manufacturers or vapor products to maintain the

directory in conformity with the requirements of this section.

D. It shall be unlawful for any person, directly or indirectly,

to knowingly manufacture, distribute, sell, barter, or furnish in

this state any vapor product that is not included in the directory.

Oklahoma Statutes - Title 63. Public Health and Safety Page 148
Okla. Stat. tit. 63, § 63-2604 — OK Code / Title 63 / Section 63-2604
Safeguards to protect minor
Status: in_force

If major surgery, general anesthesia; or a life-threatening

procedure has to be undertaken on a minor, it shall be necessary for

the physician to obtain concurrence from another physician except in

an emergency in a community where no other surgeon can be contacted

within a reasonable time.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1410

In cases where emergency care is needed and the minor is unable

to give self-consent; a parent, spouse or legal guardian may

authorize consent.
Okla. Stat. tit. 63, § 63-683.14 — OK Code / Title 63 / Section 63-683.14
Exemption from civil liability
Status: in_force

A. Any person owning or controlling real estate or other

premises who voluntarily and without compensation grants a license

or privilege or otherwise permits the designation or use of the

whole or any part or parts of such real estate or premises for the

purpose of sheltering persons, or providing a mass immunization and

prophylaxis site or Strategic National Stockpile storage site during

an actual or impending emergency or exercise shall, together with

any successors in interest, if any, not be civilly liable for

negligently causing the death of, or injury to, any person on or

about such real estate or premises for loss of, or damage to, the

property of such person; provided, that the injury or death was

Oklahoma Statutes - Title 63. Public Health and Safety Page 1232

caused by or incidental to the actual use of such premises for such

real, actual or impending emergency or exercise, and further

provided that nothing herein contained shall grant immunity from

gross, willful or wanton acts of negligence.

B. Neither the State of Oklahoma nor any political subdivision

thereof nor any officer or employee of the State of Oklahoma or of

any political subdivision thereof nor volunteer whose services have

been accepted and utilized by an officer or employee of the State of

Oklahoma or of any political subdivision thereof for carrying out

the functions of this act shall be civilly liable for any loss or

injury resulting to any person's company, corporation or other legal

entity as a result of any decision, determination, order or action

of such employee in the performance of assigned duties and

responsibilities under this act during a stated emergency unless

such loss or injury was caused by the gross negligence, or willfully

and unnecessarily or by the wanton act of such state officer or

employee or volunteer. Nothing in this act shall be construed to

waive the sovereignty or immunity of the State of Oklahoma, or any

political subdivision thereof, from being sued.
Okla. Stat. tit. 63, § 63-1-1116 — OK Code / Title 63 / Section 63-1-1116
Publication of reports
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 such

information regarding food as the Commissioner deems necessary in

the interest of public health and the protection of the consumer

against fraud. Nothing in this section shall be construed to

prohibit the Commissioner from collecting, reporting, and

illustrating the results of the investigation of the Commissioner.
Okla. Stat. tit. 63, § 63-2-323 — OK Code / Title 63 / Section 63-2-323
License to sell, transfer or otherwise furnish -
Status: in_force

Application - Records - Fee.

A. A manufacturer, wholesaler, retailer, or other person who

sells, transfers, or otherwise furnishes any precursor substance

defined in Section 4 of this act must first obtain a license

annually from the Director of the Oklahoma State Bureau of Narcotics

and Dangerous Drugs Control.

B. The procedure for obtaining a license to sell, transfer,

manufacture, purchase for resale, or otherwise furnish a precursor

substance shall be as follows:

1. Obtain an application from the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control;

2. Submit the application to the Director of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control; and

3. Demonstrate a legitimate reason to sell, transfer, or

otherwise furnish precursor chemicals.

C. The content of the application for a license shall include,

but not be limited to, the following information:

1. Name of business;

2. Address of business other than a post office box number;

3. Phone number of business;

4. Names and addresses of business owners;

5. Location of storage facility;

6. Identification of precursor substances to be sold; and

7. Criminal history of applicant.

D. A licensee shall make an accurate and legible record of any

transaction of precursor substances and maintain such record

together with the following records for a period of at least two (2)

years:

1. Inventory on hand;

2. Purchase receipts;

Oklahoma Statutes - Title 63. Public Health and Safety Page 970

3. Manufacturing records including the date and quantity of any

precursor substance manufactured, the quantity of precursor

substances used in manufacturing any other substance or product, and

the inventory on hand of precursor substances after the

manufacturing of any other substance or product;

4. Copies of the Oklahoma Bureau of Narcotics purchase permits

or written authorization waving the permit requirement, as provided

by subsection E of Section 6 of this act; and

5. Records of substance disposal.

E. The license shall cost One Hundred Dollars ($100.00)

annually and shall be renewable on July 1 of each year. The fee

shall be payable to the Oklahoma State Bureau of Narcotics Revolving

Fund.
Okla. Stat. tit. 63, § 63-983 — OK Code / Title 63 / Section 63-983
Posting of warning signs in cranes, derricks and similar
Status: in_force

apparatus.

No person, firm, corporation or association shall, individually

or through an agent or employee, or as an agent or employee, operate

any crane, derrick, power shovel, drilling rig, hoisting equipment,

or similar apparatus, any part of which is capable of vertical,

lateral or swinging motion, unless there is posted and maintained in

plain view of the operator thereof, a durable warning sign legible

at twelve (12) feet, reading:

"Unlawful to operate this equipment within six feet of high

voltage lines."

Each day's failure to post or maintain such signs shall constitute a

separate violation.
Okla. Stat. tit. 63, § 63-1-707 — OK Code / Title 63 / Section 63-1-707
Rules and standards – Oklahoma Hospital Advisory
Status: in_force

Council.

A. The State Commissioner of Health, with the advice of the

Oklahoma Hospital Advisory Council, shall promulgate rules and

Oklahoma Statutes - Title 63. Public Health and Safety Page 275

standards as the Commissioner deems to be in the public interest for

hospitals, on the following:

1. Construction plans and location, including fees not to

exceed Two Thousand Dollars ($2,000.00) for submission or

resubmission of architectural and building plans, and procedures to

ensure the timely review of such plans by the State Department of

Health. The assessed fee shall be used solely for the purposes of

processing approval of construction plans and location by the State

Department of Health;

2. Physical plant and facilities;

3. Fire protection and safety;

4. Food service;

5. Reports and records;

6. Staffing and personal service;

7. Surgical facilities and equipment;

8. Maternity facilities and equipment;

9. Control of communicable disease;

10. Sanitation;

11. Laboratory services;

12. Nursing facilities and equipment; and

13. Other items as may be deemed necessary to carry out the

purposes of this article.

B. 1. The State Commissioner of Health, with the advice of the

Oklahoma Hospital Advisory Council and the State Board of Pharmacy,

shall promulgate rules and standards as the Commissioner deems to be

in the public interest with respect to the storage and dispensing of

drugs and medications for hospital patients.

2. The State Board of Pharmacy shall be empowered to inspect

drug facilities in licensed hospitals and shall report violations of

applicable statutes and rules to the State Department of Health for

action and reply.

C. 1. The Commissioner shall appoint an Oklahoma Hospital

Advisory Council to advise the Department regarding hospital

operations and to recommend actions to improve patient care.

2. The Advisory Council shall have the duty and authority to:

a. review and approve in its advisory capacity rules and

standards for hospital licensure,

b. evaluate, review and make recommendations regarding

Department licensure activities; provided however, the

Advisory Council shall not make recommendations

regarding scope of practice for any health care

providers or practitioners regulated pursuant to Title

59 of the Oklahoma Statutes, and

c. recommend and approve:

(1) quality indicators and data submission

requirements for hospitals, and

Oklahoma Statutes - Title 63. Public Health and Safety Page 276

(2) the indicators and data to be used by the

Department to monitor compliance with licensure

requirements.

D. 1. The Advisory Council shall be composed of nine (9)

members appointed by the Commissioner. The membership of the

Advisory Council shall be as follows:

a. two members shall be hospital administrators of

licensed hospitals,

b. two members shall be licensed physicians or

practitioners who have current privileges to provide

services in hospitals,

c. two members shall be hospital employees, and

d. three members shall be citizens representing the

public who:

(1) are not hospital employees,

(2) do not hold hospital staff appointments, and

(3) are not members of hospital governing boards.

2. a. Advisory Council members shall be appointed for three-

year terms except the initial terms after November 1,

1999, of one hospital administrator, one licensed

physician or practitioner, one hospital employee, and

one public member shall be one (1) year. The initial

terms after the effective date of this act of one

hospital administrator, one licensed physician or

practitioner, one hospital employee, and one public

member shall be two (2) years. The initial terms of

all other members shall be three (3) years. After

initial appointments to the Council, members shall be

appointed to three-year terms.

b. Members of the Advisory Council may be removed by the

Commissioner for cause.

E. The Advisory Council shall meet on a quarterly basis and

shall annually elect from among its members a chairperson. Members

of the Council shall serve without compensation but shall be

reimbursed by the Department for travel expenses related to their

service as authorized by the State Travel Reimbursement Act.
Okla. Stat. tit. 63, § 63-313B — OK Code / Title 63 / Section 63-313B
Prior authorization forms for prescription drug benefits
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

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) workers' 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

Oklahoma Statutes - Title 63. Public Health and Safety Page 1093

(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, 2015, 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.

Additionally, upon request, the health benefit plan shall make a

copy of the form available to the Insurance Commissioner.
Okla. Stat. tit. 63, § 63-684.8 — OK Code / Title 63 / Section 63-684.8
Supplementary agreements
Status: in_force

ARTICLE VII

Supplementary Agreements

Inasmuch as it is probable that the pattern and detail of the

machinery for mutual aid among two or more states may differ from

that among the states that are party hereto, this compact contains

elements of a broad base common to all states, and nothing herein

shall preclude any state entering into supplementary agreements with

another state or affect any other agreements already in force

between states. Supplementary agreements may include, but shall not

be limited to, provisions for evacuation and reception of injured

and other persons and the exchange of medical, fire, police, public

utility, reconnaissance, welfare, transportation and communications

personnel, and equipment and supplies.
Okla. Stat. tit. 63, § 63-1-737.13 — OK Code / Title 63 / Section 63-1-737.13
Penalties
Status: in_force

Whoever violates Section 3 of this act shall be fined Ten

Thousand Dollars ($10,000.00) or imprisoned for not more than two

(2) years or both.

Oklahoma Statutes - Title 63. Public Health and Safety Page 320
Okla. Stat. tit. 63, § 63-1-756.11 — OK Code / Title 63 / Section 63-1-756.11
Violations – Civil penalties
Status: in_force

A. In addition to whatever remedies are available under the

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

requirements of this act shall:

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

and punitive damages;

2. Provide a basis for a professional disciplinary action;

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

the wrongful death of the woman; and

4. Provide a basis for a cause of action for injunctive relief

against a person who has provided an abortion-inducing drug in

violation of this act. Such an action may be maintained by:

a. a woman to whom such an abortion-inducing drug was

provided,

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

a current or former licensed health care provider of,

a woman to whom an abortion-producing drug was

provided, or

c. a prosecuting attorney with appropriate jurisdiction.

The injunction shall prevent the defendant from providing

further abortion-inducing drugs in violation of this act.

B. No civil liability may be assessed against the pregnant

woman upon whom the drug-induced abortion is attempted, induced or

performed.

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

using solely her initials or a pseudonym and may close any

proceedings in the case and enter other protective orders to

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

abortion was attempted, induced or performed.

Oklahoma Statutes - Title 63. Public Health and Safety Page 452

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

shall also render judgment for reasonable attorney fees in favor of

the plaintiff against the defendant.

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

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

bad faith, the court may render judgment for reasonable attorney

fees in favor of the defendant against the plaintiff.
Okla. Stat. tit. 63, § 63-1-702e — OK Code / Title 63 / Section 63-1-702e
Uncompensated Care Equalization Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

to be designated the “Uncompensated Care Equalization Revolving

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

year limitations, and shall consist of monies available to the State

Department of Health pursuant to Section 1-702b of Title 63 of the

Oklahoma Statutes. All monies accruing to the credit of the fund

are hereby appropriated and may be budgeted and expended by the

State Department of Health as authorized by law. The Department

shall ensure that all monies deposited into the fund are matched

with federal dollars whenever possible.
Okla. Stat. tit. 63, § 63-1-702f — OK Code / Title 63 / Section 63-1-702f
Reporting of maternal death
Status: in_force

A hospital or birthing center shall make a reasonable and good-

faith effort to report to the Office of the Chief Medical Examiner,

within seventy-two (72) hours after the death occurs, any maternal

death that occurs in the hospital or birthing center during

pregnancy or within one (1) year of termination of pregnancy.
Okla. Stat. tit. 63, § 63-5053.2 — OK Code / Title 63 / Section 63-5053.2
Civil actions by Attorney General or individual persons
Status: in_force

authorized - Complaint procedure.

A. The Attorney General shall diligently investigate a

violation under the Oklahoma Medicaid False Claims Act. If the

Attorney General finds that a person has violated or is violating

the Oklahoma Medicaid False Claims Act, the Attorney General may

bring a civil action under this section against the person.

B. 1. A person may bring a civil action for a violation of the

Oklahoma Medicaid False Claims Act for the person and for this

state. The action shall be brought in the name of the state. The

action may be dismissed only if the court and the Attorney General

give written consent to the dismissal and state the reasons for

consenting.

2. A copy of the complaint and written disclosure of

substantially all material evidence and information the person

possesses shall be served on the state pursuant to Section 2004 of

Title 12 of the Oklahoma Statutes. The complaint shall be filed in

camera, shall remain under seal for at least sixty (60) days, and

shall not be served on the defendant until the court so orders. The

state may elect to intervene and proceed with the action within

sixty (60) days after it receives both the complaint and the

material evidence and information.

3. The state may, for good cause shown, move the court for

extensions of the time during which the complaint remains under seal

under paragraph 2 of this subsection. Any such motions may be

supported by affidavits or other submissions in camera. The

Oklahoma Statutes - Title 63. Public Health and Safety Page 1753

defendant shall not be required to respond to any complaint filed

under this section until twenty (20) days after the complaint is

unsealed and served upon the defendant pursuant to Section 2004 of

Title 12 of the Oklahoma Statutes.

4. Before the expiration of the sixty-day period or any

extensions obtained under paragraph 3 of this subsection, the state

shall:

a. proceed with the action, in which case the action

shall be conducted by the state, or

b. notify the court that it declines to take over the

action, in which case the person bringing the action

shall have the right to conduct the action.

5. When a person brings an action under this section, no person

other than the state may intervene or bring a related action based

on the facts underlying the pending action.
Okla. Stat. tit. 63, § 63-1-711 — OK Code / Title 63 / Section 63-1-711
Survey and inventory of hospitals and health centers
Status: in_force

The State Commissioner of Health shall conduct and make a survey

and inventory of the location, size, and character of all existing

public and private (proprietary as well as nonprofit) hospitals,

community mental health facilities, health centers, and related

health facilities within the State of Oklahoma; evaluate the

sufficiency of such hospitals, community mental health facilities,

health centers, and related health facilities to supply the

necessary physical facilities for furnishing adequate hospital,

clinical, and similar services to all people of the state; and

compile data and conclusions, together with a statement of the

additional facilities necessary, in conjunction with existing

structures, to supply such services.
Okla. Stat. tit. 63, § 63-684.9 — OK Code / Title 63 / Section 63-684.9
Compensation
Status: in_force

ARTICLE VIII

Compensation

Each state shall provide for the payment of compensation and

death benefits to injured members of the emergency forces of that

state and representatives of deceased members of such forces who

sustain injuries or are killed while rendering aid pursuant to this

compact, in the same manner and on the same terms as if the injury

or death were sustained within their own state.
Okla. Stat. tit. 63, § 63-942 — OK Code / Title 63 / Section 63-942
Report of findings
Status: in_force

A. 1. Upon completion of an investigation, the medical

examiner shall reduce his or her findings to writing upon the form

supplied to the medical examiner which shall be promptly sent to the

Chief Medical Examiner by mail.

2. If the medical examiner finds that the deceased had illicit,

prescription or nonprescription drugs in his or her system at the

time of death, the medical examiner shall document in his or her

findings if the death was:

a. a natural or accidental death with drug involvement,

b. a homicide by drugs,

c. a suicide by drug overdose, or

d. a death with drug involvement, but the manner of death

could not be determined.

3. A fatality shall not be considered a drug-related death

unless the medical examiner determines that the drug or drugs

present in the deceased materially contributed to the death.

B. Copies of reports shall be furnished by the Chief Medical

Examiner to investigating agencies having official interest therein.

Copies of reports shall also be furnished to the spouse of the

deceased or any person within one degree of consanguinity of the

deceased upon request and within five (5) business days of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1289

request once the cause and manner of death have been determined and

the death certificate has been issued.
Okla. Stat. tit. 63, § 63-1-702c — OK Code / Title 63 / Section 63-1-702c
Enhanced reimbursement program for services provided to
Status: in_force

Medicare beneficiaries.

With available funds, the State Department of Health shall apply

to the Secretary for the federal Department of Health and Human

Services for any and all waivers, grants, or other assistance that

would allow or facilitate the establishment of a program of enhanced

reimbursement for services provided to Medicare beneficiaries in

emergency hospitals in rural areas of the state.
Okla. Stat. tit. 63, § 63-1-2324 — OK Code / Title 63 / Section 63-1-2324
Renumbered as § 2-10-602 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-5053.7 — OK Code / Title 63 / Section 63-5053.7
Jurisdiction
Status: in_force

A. Any action under Section 5053.2 of this title may be brought

in any judicial district in which the defendant or, in the case of

multiple defendants, any one defendant can be found, resides,

transacts business, or in which any act proscribed by the Oklahoma

Medicaid False Claims Act occurred. A summons as required by

Section 2004 of Title 12 of the Oklahoma Statutes shall be issued by

the appropriate district court and served at any place within or

outside the State of Oklahoma.

B. The district courts shall have jurisdiction over any action

brought under the laws of the state for the recovery of funds paid

by a state or local government if the action arises from the same

transaction or occurrence as an action brought under the Oklahoma

Medicaid False Claims Act.
Okla. Stat. tit. 63, § 63-5029.1 — OK Code / Title 63 / Section 63-5029.1
Medicaid reimbursement for accredited birthing centers
Status: in_force

A. As used in this section, “birthing center” has the same

meaning as provided by Section 1-701 of Title 63 of the Oklahoma

Statutes.

B. The Oklahoma Health Care Authority shall seek federal

approval to allow a birthing center that is not licensed by the

state but has been accredited as a freestanding birth center by the

Commission for the Accreditation of Birth Centers to receive

reimbursement under the state Medicaid program for services

provided.
Okla. Stat. tit. 63, § 63-1-818.34 — OK Code / Title 63 / Section 63-1-818.34
Renumbered as § 1430.34 of Title 10 by Laws 1996, c
Status: in_force

354, § 56, eff. Nov. 1, 1996.

Oklahoma Statutes - Title 63. Public Health and Safety Page 468
Okla. Stat. tit. 63, § 63-2-407 — OK Code / Title 63 / Section 63-2-407
Prohibited acts G - Penalties
Status: in_force

A. No person shall obtain or attempt to obtain any preparation

excepted from the provisions of the Uniform Controlled Dangerous

Substances Act pursuant to Section 2-313 of this title in a manner

inconsistent with the provisions of paragraph 1 of subsection B of

Section 2-313 of this title, or a controlled dangerous substance or

procure or attempt to procure the administration of a controlled

dangerous substance:

1. By fraud, deceit, misrepresentation, or subterfuge;

2. By the forgery of, alteration of, adding any information to

or changing any information on a prescription or of any written

order;

3. By the concealment of a material fact;

4. By the use of a false name or the giving of a false address;

or

5. By knowingly failing to disclose the receipt of a controlled

dangerous substance or a prescription for a controlled dangerous

substance of the same or similar therapeutic use from another

practitioner within the previous thirty (30) days.

B. Except as authorized by this act, a person shall not

manufacture, create, deliver, or possess with intent to manufacture,

create, or deliver or possess a prescription form, an original

prescription form, or a counterfeit prescription form. This shall

not apply to the legitimate manufacture or delivery of prescription

forms, or a person acting as an authorized agent of the

practitioner.

C. Information communicated to a physician in an effort

unlawfully to procure a controlled dangerous substance, or

unlawfully to procure the administration of any such drug, shall not

be deemed a privileged communication.

D. Any person who violates this section is guilty of a Class C2

felony offense punishable by imprisonment as provided for in

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

Statutes, by a fine of not more than Ten Thousand Dollars

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

subsequent offense under this section is a felony punishable by

imprisonment as provided for in subsections B through F of Section

20M of Title 21 of the Oklahoma Statutes, by a fine of not more than

Twenty Thousand Dollars ($20,000.00), or by both such fine and

imprisonment.

E. Convictions for second or subsequent violations of this

section shall not be subject to statutory provisions for suspended

sentences, deferred sentences, or probation.

F. Any person convicted of any offense described in this

section shall, in addition to any fine imposed, pay a special

assessment trauma-care fee of One Hundred Dollars ($100.00) to be

Oklahoma Statutes - Title 63. Public Health and Safety Page 995

deposited into the Trauma Care Assistance Revolving Fund created in

Section 1-2530.9 of this title.
Okla. Stat. tit. 63, § 63-1-756.7 — OK Code / Title 63 / Section 63-1-756.7
Statement on information regarding reversing an
Status: in_force

abortion – Printed and website materials.

A. The State Board of Medical Licensure and Supervision shall

cause to be published in the state-prepared, printed materials on

informed consent for abortion and the state-prepared and maintained

website on informed consent for abortion the following statement:

"Information on the potential ability of qualified medical

professionals to reverse the effects of an abortion obtained through

the use of abortion-inducing drugs is available at

www.abortionpillreversal.com, or you can contact (877) 558-0333 for

Oklahoma Statutes - Title 63. Public Health and Safety Page 448

assistance in locating a medical professional that can aid in the

reversal of an abortion."

B. On an annual basis, the State Board of Medical Licensure and

Supervision shall review and update, if necessary, the statement

required in subsection A of this Section.

C. As part of the informed consent counseling required in

Section 5 of this act, the qualified physician shall inform the

pregnant woman about abortion pill reversal and provide her with the

state-prepared materials and website link as proscribed by Section 6

of this act.
Okla. Stat. tit. 63, § 63-1-1122 — OK Code / Title 63 / Section 63-1-1122
License fee
Status: in_force

The annual license fee for each such frozen food locker plant

and each branch plant shall not exceed Fifteen Dollars ($15.00), to

be fixed by the State Board of Health. Each such license shall

expire on June 30th of each year following the date of issue or

renewal and no license shall be transferable.
Okla. Stat. tit. 63, § 63-1-1001.6 — OK Code / Title 63 / Section 63-1-1001.6
Embargo of unlawful bedding
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 562

A. Whenever a duly authorized agent of the State Department of

Health finds, or has probable cause to believe, that any bedding or

bedding material is in an unsanitary condition, mislabeled, or

unlabeled within the meaning of the Oklahoma Bedding Regulation Act,

or any rule promulgated pursuant thereto, such agent shall affix to

such bedding or bedding material a tag or other appropriate marking,

giving notice that such article is or is suspected of being

unsanitary, mislabeled or unlabeled and has been detained or

embargoed, and warning all persons not to remove or dispose of such

bedding article by sale or otherwise until permission for removal or

disposal is given by such agent.

B. 1. The Department shall have twenty (20) days from the time

an article is embargoed in which to make a final determination as to

its unsanitary condition or improper labeling. Failure to find the

article to be in an unsanitary condition, mislabeled or unlabeled

within such time shall result in the embargo being lifted. When

such agent has found that an article so detained or embargoed is not

in an unsanitary condition or mislabeled, such agent shall remove

the tag or other marking.

2. When the Department has found an article to be in an

unsanitary condition, mislabeled or unlabeled as provided herein,

the Department shall immediately file an administrative proceeding

with the Commissioner of Health for an order for the destruction of

the embargoed articles. This administrative proceeding shall be

conducted pursuant to Article II of the Administrative Procedures

Act and shall continue the embargo period until further order of the

Commissioner.

3. Any person whose interest is affected adversely by an

embargo imposed under the terms of the Oklahoma Bedding Regulation

Act may intervene in this administrative proceeding and may present

evidence to rebut the Department's determination that such bedding

articles are in an unsanitary condition, mislabeled or unlabeled.

C. 1. Except as otherwise provided by this subsection, if the

Commissioner finds that a detained or embargoed article is in an

unsanitary condition, mislabeled or unlabeled, such article shall,

after entry of the decree, be destroyed at the expense of the

claimant thereof, under the supervision of such agent, and all court

costs and fees, the costs of the supervision by such agent, and

storage and other proper expenses shall be taxed against the

claimant of such article or his agent.

2. If the unsanitary, mislabeled or unlabeled bedding or

bedding materials can be corrected by an approved sanitization

process or proper labeling of the article, the Commissioner, after

entry of findings that such bedding articles can be properly

sanitized or labeled and after such costs, fees, and expenses have

been paid and a good and sufficient bond, conditioned that such

article shall be so labeled or processed, has been executed, may by

Oklahoma Statutes - Title 63. Public Health and Safety Page 563

order direct that such article be delivered to the claimant thereof

for such labeling or processing under the supervision of an agent of

the Department.

3. The expense of such supervision shall be paid by the

claimant. Such bond shall be returned to the claimant of the

article on representation by the Department to the Commissioner that

the article is no longer in violation of the Oklahoma Bedding

Regulation Act, or any rule promulgated pursuant to the provisions

of the Oklahoma Bedding Regulation Act, and that the expenses of

such supervision have been paid.

4. Any final order of the Commissioner of Health may be

appealed to the district court in Oklahoma County pursuant to

Article II of the Administrative Procedures Act.
Okla. Stat. tit. 63, § 63-1-2530.2 — OK Code / Title 63 / Section 63-1-2530.2
Definitions
Status: in_force

As used in the Oklahoma Trauma Systems Improvement and

Development Act:

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

by an ambulance service licensed pursuant to the provisions of

Section 1-2513 of this title;

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

agency which is licensed by the State Department of Health to

provide levels of medical care based on certification standards

promulgated by the State Board of Health;

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

4. "Classification" means an inclusive standardized

identification of stabilizing and definitive emergency services

provided by each hospital that treats emergency patients;

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

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

Council created in Section 44 of this act;

Oklahoma Statutes - Title 63. Public Health and Safety Page 842

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

8. "Emergency medical care" means bona fide emergency services

provided after the sudden onset of a medical or traumatic condition

manifesting itself by acute symptoms of sufficient severity,

including severe pain, that the absence of immediate medical

attention could reasonably be expected to result in:

a. a patient's health being placed in serious jeopardy,

b. serious impairment to bodily functions, or

c. serious dysfunction of any bodily organ or part;

9. "Hospital" means a hospital licensed pursuant to the

provisions of Section 1-704 of this title;

10. "Regional trauma care system" means an arrangement of

available resources that are coordinated for the effective delivery

of emergency trauma services within a geographic region consistent

with an established plan;

11. "Trauma and emergency operative services facility" means a

hospital that is classified and recognized by the Department as

providing emergency trauma and operative surgical services on a

twenty-four-hour basis;

12. "Trauma patient" means a severely or seriously injured

person who has been:

a. evaluated by a physician, a registered nurse, or

emergency medical services personnel, and

b. found to require medical care in a hospital classified

as a trauma and emergency operative services facility;

and

13. "Trauma services" includes services provided to a severely

or seriously injured patient.
Okla. Stat. tit. 63, § 63-7200.5 — OK Code / Title 63 / Section 63-7200.5
Violations - Enforcement - Promulgation of rules
Status: in_force

A. It shall be unlawful for any facility or person to perform

sleep diagnostic tests without having first complied with this act

or as may otherwise be allowed by applicable law.

B. The State Department of Health is authorized to enforce the

provisions of this act.

C. The State Board of Health shall promulgate rules and

enforcement measures as necessary to implement the provisions of the

Oklahoma Sleep Diagnostic Testing Regulation Act.
Okla. Stat. tit. 63, § 63-1-702.1 — OK Code / Title 63 / Section 63-1-702.1
Public trust hospital address transfer limits
Status: in_force

No public trust hospital license or main provider location under

a provider agreement with the Centers for Medicare and Medicaid

Services (CMS), as provided for under 42 C.F.R., Sections 489.1

through 489.18, shall be transferred from its current address to an

address greater than fifteen (15) miles away, if the public trust

hospital is located in a community with a population of fewer than

thirty thousand (30,000) residents, according to the latest Federal

Decennial Census. If a public trust hospital facility announces a

closure, before the closure of the facility, a mediator shall be

appointed. The municipality beneficiary of the public trust

hospital shall also appoint a mediator. The two mediators shall

appoint a mutually agreed-upon third mediator. The three mediators

shall agree upon a sales price for the hospital, in accordance with

appropriate due diligence and financial audits received from the

public trust hospital, if the hospital and the municipality cannot

agree without mediation. The hospital shall be transferred to the

beneficiary municipality if the beneficiary municipality is willing

to pay the agreed-upon purchase price set forth by the mediators and

has the appropriate staff identified to operate the hospital.

In the event the public trust hospital is sold to another

entity, the trustees of the hospital shall certify that they have

not entered into any agreement, formal or informal, with the

prospective owners of the hospital regarding any position, role, or

employment for themselves or their direct relatives, and they shall

also certify that they have not and will not receive any financial

benefit from the prospective owners, whether in-kind or otherwise.

In the event a public, third party, has been leasing the public

trust hospital and operating the public trust hospital under a

lease, upon termination of that lease, the hospital CMS provider

number shall revert back to the public trust hospital immediately

upon lease termination, in accordance with the provisions of 42

C.F.R., Section 489.18.
Okla. Stat. tit. 63, § 63-3091.4 — OK Code / Title 63 / Section 63-3091.4
Actions against health care provider's license or
Status: in_force

Medicare certification prohibited.

Notwithstanding any other law, a licensing board may not revoke,

fail to renew, suspend or take any action against a health care

provider's license, based solely on the health care provider's

recommendations to an eligible patient regarding access to or

treatment with an investigational drug, biological product or

device, as long as the recommendations are consistent with medical

standards of care. Action against a health care provider's Medicare

certification based solely on the health care provider's

recommendation that a patient have access to an investigational

drug, biological product or device is prohibited.
Okla. Stat. tit. 63, § 63-4006 — OK Code / Title 63 / Section 63-4006
Utilization of licensed operators
Status: in_force

Service Oklahoma is hereby authorized and directed to utilize

its licensed operators appointed under the Oklahoma Vehicle License

and Registration Laws in the administration of the Oklahoma Vessel

and Motor Registration Act.
Okla. Stat. tit. 63, § 63-1-2601 — OK Code / Title 63 / Section 63-1-2601
Purpose of act
Status: in_force

The purpose of the Kidney Health Planning Act of Oklahoma is to

provide financial assistance to persons who have permanent kidney

failure which requires either dialysis or transplantation.
Okla. Stat. tit. 63, § 63-4009.1 — OK Code / Title 63 / Section 63-4009.1
Serial numbers for outboard motors – Rules - Penalties
Status: in_force

A. 1. Service Oklahoma shall promulgate rules specifying the

location and manner in which serial numbers for outboard motors

shall be affixed. In promulgating such rules, Service Oklahoma

shall consider the existence of voluntary industry standards, the

current state of technology and the overall process of reducing

vessel and motor thefts in this state.

2. Any outboard motor manufactured on or after October 1, 1985,

which is for sale in this state shall comply with the rules

promulgated pursuant to this section.

3. Any person, firm or corporation which sells or offers to

sell any outboard motor or outboard motor part manufactured on or

after October 1, 1985, which does not comply with this subsection

shall be, upon conviction, guilty of a misdemeanor, punishable by a

fine of up to Five Hundred Dollars ($500.00), imprisonment in the

county jail for a period of up to one (1) year, or both such fine

and imprisonment.

B. 1. It is unlawful for any person to knowingly possess any

outboard motor or outboard motor part upon which the serial number

required by subsection A of this section has been removed, erased,

defaced or otherwise altered to prevent identification.

2. It is unlawful for any person to knowingly possess,

manufacture, sell or exchange, offer to sell or exchange, aid in

sale or exchange, supply in blank, authorize or direct, give away,

or to conspire to or attempt to commit any of the previously

mentioned acts, any counterfeit manufacturer's outboard motor or

outboard motor part serial number plate or decal, used for the

purpose of identification of any outboard motor or outboard motor

part, or to conspire or attempt to commit any of these acts.

3. Any person violating any provision of this subsection shall

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

Oklahoma Statutes - Title 63. Public Health and Safety Page 1616

be punished by imprisonment as provided for in subsections B through

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

C. If any serial number required by this section to identify

ownership of an outboard motor or outboard motor part does not exist

or has been removed, erased, defaced or otherwise altered to prevent

identification, and the true identity cannot be determined, the

outboard motor or outboard motor part may be seized by any peace

officer in this state and shall be subject to forfeiture pursuant to

the procedures established for the law enforcement agency by which

the seizing officer is employed. Such outboard motor or outboard

motor part may not be sold or used to propel a vessel on the waters

of this state unless and until Service Oklahoma issues to the

outboard motor or outboard motor part a replacement identifying

number which shall be affixed to the motor or part and shall

thereafter be used for identification purposes of the motor or part.
Okla. Stat. tit. 63, § 63-1-402 — OK Code / Title 63 / Section 63-1-402
Examinations for tuberculosis
Status: in_force

When any local health officer shall have reasonable grounds to

believe that any person has active tuberculosis disease, but will

not voluntarily seek a medical examination, then it shall be the

duty of the local health officer to order such person in writing to

undergo an examination by a physician approved by the State

Commissioner of Health for such examinations. It shall be the duty

of the suspected person to submit to examination at such time and

place as ordered by the local health officer. The examination shall

include an X-ray of the chest, examinations of sputum, and such

other forms and types of examinations as shall be approved by the

Commissioner. If, upon examination, it is determined that the

person has active or suspected active tuberculosis disease, then it

shall be the duty of such person to comply with the orders of the

Commissioner.
Okla. Stat. tit. 63, § 63-1-2503 — OK Code / Title 63 / Section 63-1-2503
See the following versions:
Status: in_force

OS 63-1-2503v1 (HB 2742, Laws 2016, c. 246, § 1).

OS 63-1-2503v2 (SB 1515, Laws 2022, c. 276, § 1).
Okla. Stat. tit. 63, § 63-4231 — OK Code / Title 63 / Section 63-4231
Short title
Status: in_force

Sections 1 through 6 of this act shall be known and may be cited

as the “Kyle Williams Boating Safety Education Act”.
Okla. Stat. tit. 63, § 63-684.3 — OK Code / Title 63 / Section 63-684.3
General implementation
Status: in_force

ARTICLE II

General Implementation

Oklahoma Statutes - Title 63. Public Health and Safety Page 1241

Each party state entering into this compact recognizes that many

emergencies transcend political jurisdictional boundaries and that

intergovernmental coordination is essential in managing these and

other emergencies under this compact. Each state further recognizes

that there will be emergencies which require immediate access and

present procedures to apply outside resources to make a prompt and

effective response to such an emergency. This is because few, if

any, individual states have all the resources they need in all types

of emergencies or the capability of delivering resources to the area

where emergencies occur.

The prompt, full, and effective utilization of resources of the

participating states, including any resources on hand or available

from the federal government or any other source, that are essential

to the safety, care and welfare of the people in the event of any

emergency or disaster declared by a party state, shall be the

underlying principle on which all articles of this compact shall be

understood.

On behalf of the governor of each state participating in the

compact, the legally designated state official who is assigned

responsibility for emergency management will be responsible for

formulation of the appropriate interstate mutual aid plans and

procedures necessary to implement this compact.
Okla. Stat. tit. 63, § 63-3141.8 — OK Code / Title 63 / Section 63-3141.8
Revocation or suspension of license or certificate
Status: in_force

The licensing agency which issued a license or certification to

a licensed health care professional who assists in a suicide in

violation of Section 3 of this act shall revoke or suspend the

license or certificate of that person upon receipt of:

1. A copy of the record of criminal conviction or plea of

guilty for a felony in violation of Section 813, 814 or 815 of Title

21 of the Oklahoma Statutes;

2. A copy of the record of a judgment of contempt of court for

violating an injunction issued under Section 5 of this act; or

3. A copy of the record of a judgment assessing damages under

Section 6 of this act.
Okla. Stat. tit. 63, § 63-1-1440.3 — OK Code / Title 63 / Section 63-1-1440.3
Recodified as § 5-4.4 of Title 2 by Laws 2017, c. 85,
Status: in_force

§ 6, eff. Nov. 1, 2017.
Okla. Stat. tit. 63, § 63-1-877 — OK Code / Title 63 / Section 63-1-877
Discontinuance of operation of a center - Notification
Status: in_force

of participants and Department - Surrender of license.

A. If an adult day care center ceases operations, the center

shall notify the participants in writing of its intention to do so

at least thirty (30) days prior to the effective date of closure

unless the Department has ordered immediate closure, which would

require immediate participant notification. If ceasing operations

for any reason other than license revocation, the center shall also

notify the Department of its intention to do so at least thirty (30)

days prior to the effective date of closure.

B. Immediately upon discontinuance of operations of a center,

the owner-operator shall surrender the license to the Department and

the license shall be canceled.
Okla. Stat. tit. 63, § 63-2-503.1k — OK Code / Title 63 / Section 63-2-503.1k
Prosecution - Venue
Status: in_force

A. A prosecution for an offense under the Drug Money Laundering

and Wire Transmitter Act may be brought in:

1. Any county in which the financial or monetary transaction is

conducted; or

2. Any county where a prosecution for the underlying specified

unlawful activity could be brought, if the defendant participated in

the transfer of the proceeds of the specified unlawful activity from

that county to the county where the financial or monetary

transaction is conducted.

B. A prosecution for an attempt or conspiracy offense under the

Drug Money Laundering and Wire Transmitter Act may be brought in the

county where venue would lie for the completed offense or in any

other county where an act in furtherance of the attempt or

conspiracy took place.

C. For purposes of this section, a transfer of funds from one

place to another, by wire or any other means, shall constitute a

single, continuing transaction. Any person who conducts any portion

of the transaction may be charged in any jurisdiction in which the

transaction takes place.
Okla. Stat. tit. 63, § 63-1-107.3 — OK Code / Title 63 / Section 63-1-107.3
Health Department Media Campaign 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 as the "Health

Department Media Campaign Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies deposited to the credit of the fund by law.

All monies accruing to the credit of said fund shall be budgeted and

expended by the State Department of Health for media campaigns.

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, § 63-2058 — OK Code / Title 63 / Section 63-2058
Transfer of property, records, funds, etc. - Assumption
Status: in_force

of obligations.

All property, records, equipment, supplies, funds, including

trust funds and revolving funds, and other assets, owned or

possessed by the State Department of Health for the East Central

Oklahoma Health and Social Service Center at Ada, Oklahoma, are

hereby transferred on April 7, 1972, to the Office of Public

Affairs. All contracts, leases, agreements, and obligations to

Oklahoma Statutes - Title 63. Public Health and Safety Page 1336

which the State Department of Health is a party for or on behalf of

said Health Center shall be assumed by the Director of the Office of

Management and Enterprise Services for the benefit of the East

Central Oklahoma Health and Social Service Center at Ada, Oklahoma.
Okla. Stat. tit. 63, § 63-683.26 — OK Code / Title 63 / Section 63-683.26
Voluntary involvement in emergency management programs
Status: in_force

– Voluntary emergency management initiatives.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1237

The Oklahoma Department of Emergency Management shall:

1. Support voluntary involvement in public and private

emergency management programs to meet the needs of the citizens of

the State of Oklahoma;

2. Stimulate new voluntary emergency management initiatives and

partnerships; and

3. Serve as a resource and advocate within the State of

Oklahoma for volunteer agencies, volunteers and programs which

utilize volunteers to support emergency response and disaster

recovery operations.
Okla. Stat. tit. 63, § 63-1-107 — OK Code / Title 63 / Section 63-1-107
Public Health Special Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

to be known as the Public Health Special Fund. All monies, fees and

revenues collected, authorized or received from any source by the

State Commissioner of Health or the State Department of Health under

the provisions of this Code or any other law or any agreement shall,

unless otherwise expressly provided in this Code or other law, be

placed in said fund. Said fund shall be a continuing fund not

subject to fiscal year limitations. All monies accruing to the

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

expended by the Commissioner for the purpose of maintaining and

Oklahoma Statutes - Title 63. Public Health and Safety Page 84

operating the State Department of Health, and in administering and

executing the laws pertaining to the duties and functions of the

State Department of Health. 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, § 63-1-202 — OK Code / Title 63 / Section 63-1-202
County board of health - Powers and duties
Status: in_force

The county board of health shall have the following powers and

duties:

1. Organize by electing a chair and other necessary officers

annually and meet at such times, in such manner and upon such notice

as the board shall prescribe. Provided, that the board shall meet

at least two times each year;

2. Establish and maintain a county department of health, if the

same, in the opinion of the board, will be to the best interest of

the county;

3. Enter into agreements with county boards of health of other

counties, and with the governing boards or boards of health of

cities, towns and school districts lying wholly or partly in the

county;

4. Prepare and submit to the county excise board, annually, an

estimate of its needs, and needs for the operation of the county

department of health, if any, or for its proportionate part of the

costs of operation of a district or cooperative department of

health, if it has entered into an agreement therefor;

5. Advise with the State Commissioner of Health on matters

pertaining to public health in the county, and as to the appointment

of the county superintendent of health or the medical director of

the county, district or cooperative department of health; and

6. Adopt regulations, which shall be subject to the approval of

the State Commissioner of Health and shall not be more stringent

Oklahoma Statutes - Title 63. Public Health and Safety Page 100

than state law and rules and regulations of the State Board of

Health, to protect the public health in the county in emergencies.
Okla. Stat. tit. 63, § 63-4014 — OK Code / Title 63 / Section 63-4014
Fees
Status: in_force

A. The charge for each certificate of title for any vessel or

motor issued shall be Two Dollars and twenty-five cents ($2.25),

which charge shall be in addition to any excise taxes or fees

imposed by law for such vessel or motor. One Dollar ($1.00) of each

such fee shall be deposited in the Service Oklahoma Reimbursement

Fund.

B. The charge for a duplicate certificate of title shall be Two

Dollars and twenty-five cents ($2.25) which charge shall be in

addition to any other fees imposed by this section for any such

vessel or motor. One Dollar ($1.00) of such fee shall be deposited

in the Service Oklahoma Reimbursement Fund.

C. For each security interest recorded on a certificate of

title, or manufacturer's certificate of origin or other

identification number, such person shall pay a fee of Eight Dollars

($8.00), which shall be in addition to other fees provided for in

this section.

D. 1. When an application for a new certificate of title or

duplicate certificate of title for a vessel or motor is made to

Service Oklahoma or one of its licensed operators, an application

fee in the amount of One Dollar and twenty-five cents ($1.25) for

the issuance of such certificate of title shall be charged and

collected.

2. For recording a security interest on a certificate of title

or manufacturer's certificate of origin or other identification

number, Service Oklahoma or a licensed operator shall charge Two

Dollars ($2.00) for each security interest so recorded.

E. 1. The charge for a copy of certificate of title

information is One Dollar ($1.00) for each instrument.

2. The charge for a certified copy of certificate of title

information is Two Dollars ($2.00) for each instrument.
Okla. Stat. tit. 63, § 63-709.2 — OK Code / Title 63 / Section 63-709.2
Noise - Exemption from liability
Status: in_force

A. Notwithstanding any municipal ordinance or rule regulating

noise to the contrary, a governmental official may not seek a civil

or criminal penalty or injunction against a shooting range, or its

owner or operators, on the basis of noise emanating from the range,

provided the noise at the property line of the shooting range does

not exceed one hundred fifty (150) decibels.

B. No person shall bring any suit in law or equity or any other

claim for relief against a shooting range, or its owners or

operators, based upon noise emanating from the shooting range,

provided the noise at the property line of the range does not exceed

one hundred fifty (150) decibels.

C. Notwithstanding any law to the contrary, any ordinance or

rule relating to noise adopted by any local unit of government,

whether before, on, or after the effective date of this act, shall

not be deemed to be enforceable against a shooting range, provided

the noise at the property line of the range does not exceed one

hundred fifty (150) decibels. The ordinance or rule shall not serve

as the basis for any suit in law or equity, whether brought by a

governmental official or person. In no event shall the provisions

of this subsection affect the outcome of any suit brought prior to

the effective date of this act in which a final order of judgment or

relief has been entered.
Okla. Stat. tit. 63, § 63-1-2301 — OK Code / Title 63 / Section 63-1-2301
Renumbered as § 2-10-102 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-2012.4 — OK Code / Title 63 / Section 63-1-2012.4
Renumbered as § 2-7-132 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-2-309H — OK Code / Title 63 / Section 63-2-309H
Implementation and enforcement of act - Rules and
Status: in_force

regulations.

The Director of the Oklahoma Bureau of Narcotics and Dangerous

Drugs Control shall promulgate and adopt rules to implement and

enforce the Anti-Drug Diversion Act.
Okla. Stat. tit. 63, § 63-1-747.2 — OK Code / Title 63 / Section 63-1-747.2
Definitions
Status: in_force

As used in the Prioritization of Public Funding in the

Purchasing of Family Planning and Counseling Services Act:

1. "Public funds" means state funds from whatever source,

including without limitation state general revenue funds, state

special account and limited purpose grants and/or loans, and federal

funds provided under Title V (42 U.S.C., Section 701 et seq.), Title

X (42 U.S.C., Section 300 et seq.), Title XIX (42 U.S.C., Section

1396 et seq.), Title XX (42 U.S.C., Section 1397 et seq.) and Title

X (42 U.S.C., Section 1786 et seq.);

2. "Federally qualified health center" means a health care

provider that is eligible for federal funding under 42 U.S.C.,

Section 1396d(1)(2)(B);

3. "Rural health clinic" means a health care provider that is

eligible for federal funding under 42 U.S.C., Section 1395x(aa)(2);

4. "Hospital" means a primary or tertiary care facility

licensed as a hospital under the laws of this state; and

5. "Department" means the Oklahoma Health Care Authority or the

State Department of Health.