Okla. Stat. tit. 63, § 63-1-1709.1 — OK Code / Title 63 / Section 63-1-1709.1
Peer review information
Status: in_force

A. As used in this section:

1. "Credentialing or recredentialing data" means:

Oklahoma Statutes - Title 63. Public Health and Safety Page 659

a. the application submitted by a health care

professional requesting appointment or reappointment

to the medical staff of a health care entity or

requesting clinical privileges or other permission to

provide health care services at a health care entity,

b. any information submitted by the health care

professional in support of such application,

c. any information, unless otherwise privileged, obtained

by the health care entity during the credentialing or

recredentialing process regarding such application,

and

d. the decision made by the health care entity regarding

such application;

2. "Credentialing or recredentialing process" means any

process, program or proceeding utilized by a health care entity to

assess, review, study or evaluate the credentials of a health care

professional;

3. "Health care entity" means:

a. any hospital or related institution offering or

providing health care services under a license issued

pursuant to Section 1-706 of this title,

b. any ambulatory surgical center offering or providing

health care services under a license issued pursuant

to Section 2660 of this title,

c. the clinical practices of accredited allopathic and

osteopathic state medical schools, and

d. any other entity directly involved in the delivery of

health care services that engages in a credentialing

or peer review process;

4. "Health care professional" means any person authorized to

practice allopathic medicine and surgery, osteopathic medicine,

podiatric medicine, optometry, chiropractic, psychology, dentistry,

or a dental specialty, a physician assistant, or an advanced

practice registered nurse under a license issued pursuant to Title

59 of the Oklahoma Statutes;

5. "Peer review information" means all records, documents and

other information generated during the course of a peer review

process, including any reports, statements, memoranda,

correspondence, record of proceedings, materials, opinions,

findings, conclusions and recommendations, credentialing data and

recredentialing data, but does not include:

a. the medical records of a patient whose health care in

a health care entity is being reviewed,

b. incident reports and other like documents regarding

health care services being reviewed, regardless of how

the reports or documents are titled or captioned,

Oklahoma Statutes - Title 63. Public Health and Safety Page 660

c. the identity of any individuals who have personal

knowledge regarding the facts and circumstances

surrounding the patient's health care in the health

care entity,

d. factual statements regarding the patient's health care

in the health care entity from any individuals who

have personal knowledge regarding the facts and

circumstances surrounding the patient's health care,

which factual statements were generated outside the

peer review process,

e. the identity of all documents and raw data previously

created elsewhere and considered during the peer

review process, or

f. copies of all documents and raw data previously

created elsewhere and considered during the peer

review process, whether available elsewhere or not;

and

6. "Peer review process" means any process, program or

proceeding, including a credentialing or recredentialing process,

utilized by a health care entity or county medical society to

assess, review, study or evaluate the credentials, competence,

professional conduct or health care services of a health care

professional.

B. 1. Peer review information shall be private, confidential

and privileged except that a health care entity or county medical

society shall be permitted to provide relevant peer review

information to the state agency or board which licensed the health

care professional who provided the health care services being

reviewed in a peer review process or who is the subject of a

credentialing or recredentialing process, with notice to the health

care professional.

2. Nothing in this section shall be construed to abrogate,

alter or affect any provision in the Oklahoma Statutes which

provides that information regarding liability insurance of a health

care entity or health care professional is not discoverable or

admissible.

C. In any civil action in which a patient or patient's legal

representative has alleged that the patient has suffered injuries

resulting from negligence by a health care professional in providing

health care services to the patient in a health care entity, factual

statements, presented during a peer review process utilized by such

health care entity, regarding the patient's health care in the

health care entity from individuals who have personal knowledge of

the facts and circumstances surrounding the patient's health care

shall not be subject to discovery.

D. 1. In any civil action in which a patient or patient's

legal representative has alleged that the health care entity was

Oklahoma Statutes - Title 63. Public Health and Safety Page 661

independently negligent as a result of permitting the health care

professional to provide health care services to the patient in the

health care entity, the credentialing and recredentialing data, and

the recommendations made and action taken as a result of any peer

review process utilized by such health care entity regarding the

health care professional prior to the date of the alleged negligence

shall be subject to discovery pursuant to the Oklahoma Discovery

Code.

2. Any information discovered pursuant to this subsection:

a. shall not be admissible as evidence until a judge or

jury has first found the health care professional to

have been negligent in providing health care services

to the patient in such health care entity, and

b. shall not at any time include the identity or means by

which to ascertain the identity of any other patient

or health care professional.

E. No person involved in a peer review process may be permitted

or required to testify regarding the peer review process in any

civil proceeding or disclose by responses to written discovery

requests any peer review information.
Okla. Stat. tit. 63, § 63-4023 — OK Code / Title 63 / Section 63-4023
Purpose of fees - Payment in lieu of ad valorem taxes
Status: in_force

The registration fees herein imposed upon vessels and motors

shall be for the purpose of reimbursing and providing funds for

general governmental functions of the state, and when paid in full

such fees shall be in lieu of all ad valorem taxes, general or

local, to which such vessels and motors may be subject as personal

property under the laws of this state.
Okla. Stat. tit. 63, § 63-99 — OK Code / Title 63 / Section 63-99
Neglect to perform duties - Punishment
Status: in_force

Any person having duties enjoined upon him by the provisions of

this act, who shall neglect, refuse or omit to perform the same as

hereby required shall be deemed guilty of a misdemeanor and shall on

conviction thereof, be liable to a fine of not less than Fifty

Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for

each offense.
Okla. Stat. tit. 63, § 63-3102A — OK Code / Title 63 / Section 63-3102A
Experimental treatments, tests or drugs - Persons
Status: in_force

eligible to give consent.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1476

A. When a patient, because of a medical condition, is treated

by a licensed medical doctor or doctor of osteopathy holding a

faculty appointment at a medical school accredited by the Liaison

Committee on Medical Education or American Osteopathic Association,

or holding clinical privileges at a health care institution that

conducts human subject research approved by an accredited

institutional review board, and such patient is incapable of giving

informed consent for an accredited-institutional-review-board-

approved experimental treatment, test or drug, then the

administration of such treatment, test or drug may proceed upon

obtaining informed consent of a parent, legal guardian, attorney-in-

fact with health care decision authority, or a family member in the

following order of priority:

1. If the patient is a minor, the parent or legal guardian; and

2. If the patient is an adult:

a. the spouse, unless the patient has no spouse, or is

separated, or the spouse is physically or mentally

incapable of giving consent, or the spouse's location

is unknown or the spouse is overseas, or the spouse is

otherwise not available,

b. an adult son or daughter,

c. either parent,

d. an adult brother or sister, or

e. a relative by blood or marriage.

B. If the patient is an adult, nothing in this section shall

authorize such legal guardian, attorney-in-fact or family member to

consent to treatment in contravention to such incapacitated

patient's expressed permission or prohibition regarding such

treatment.

C. In a life-threatening emergency, consent of such an

incapacitated person to any research program or experimental

procedure shall not be required when the accredited institutional

review board responsible for the review, approval and continuing

review of the research activity has approved both the research

activity and a waiver of informed consent and has both found and

documented that the requirements for an exception from informed

consent requirements for emergency research, as provided under Part

50 of Title 21 or Part 46 of Title 45 of the Code of Federal

Regulations, as amended, have been satisfied. This subsection shall

apply to all pre-hospital or hospital research conducted by a

licensed medical doctor or doctor of osteopathy.

D. Nothing in this section shall permit a parent, legal

guardian, attorney-in-fact or family member to authorize the use of

an experimental treatment, test or drug on a pregnant patient.
Okla. Stat. tit. 63, § 63-685.3 — OK Code / Title 63 / Section 63-685.3
Definitions
Status: in_force

As used in this act:

1. "Unavailable" means either that a vacancy in office exists

and there is no deputy authorized to exercise all of the powers and

discharge the duties of the office, or that the lawful incumbent of

the office, including any deputy exercising the powers and

discharging the duties of an office because of a vacancy, and the

duly authorized deputy are absent or unable to exercise the powers

and discharge the duties of the offices;

2. "Emergency interim successor" means a person designated

pursuant to this act, in the event the officer is unavailable, to

exercise the powers and discharge the duties of an office until a

successor is appointed or elected and qualified as may be provided

by the Constitution, statutes, charters and ordinances or until the

lawful incumbent is able to resume the exercise of the powers and

discharge the duties of the office;

3. "Office" includes all state and local offices, the powers

and duties of which are defined by the Constitution, statutes,

charters and ordinances, except the office of Governor, and except

those in the Legislature and the judiciary;

4. “Emergency” means any occasion or instance for which, in the

determination of the President of the United States or the Governor

of the State of Oklahoma, federal or state assistance is needed to

supplement state and local efforts and capabilities to save lives

and protect property and public health and safety, or to lessen or

avert threat or catastrophe in any part of the state;

5. "Political subdivision" includes counties, cities, towns,

districts, authorities and other public corporations and entities

whether organized and existing under charter or general law;

6. "Deputy" means a person legally authorized by an officer to

exercise the office or right which the official possesses, for and

in place of the officer; and

7. “Man-made disaster” means a disaster caused by acts of man

including, but not limited to, an act of war, terrorism, chemical

spill or release, and power shortage that require assistance in

addition to the assistance of the local political subdivision.
Okla. Stat. tit. 63, § 63-1-2505.3 — OK Code / Title 63 / Section 63-1-2505.3
Application fee – Apportionment to revolving fund
Status: in_force

A. In addition to any other fee that may be authorized by law

or pursuant to administrative rule of the State Department of Health

effective July 1, 2010, there shall be imposed a fee of:

1. Ten Dollars ($10.00) for each original application for

licensed emergency medical personnel;

2. Two Dollars and fifty cents ($2.50) for each renewal

application for licensed emergency medical personnel;

3. Ten Dollars ($10.00) for each original application for a

certified emergency medical responder; and

4. Five Dollars ($5.00) for each renewal application for a

certified emergency medical responder.

B. The fees authorized by subsection A of this section shall be

apportioned to the Emergency Medical Personnel Death Benefit

Revolving Fund created pursuant to Section 1-2505.2 of this title.
Okla. Stat. tit. 63, § 63-1-702.2 — OK Code / Title 63 / Section 63-1-702.2
Mandatory trustee education program — Certified
Status: in_force

Hospital Trustee.

All public trust hospital trustees shall be required to complete

a trustee education program, approved in advance by a statewide

hospital organization, leading to certification as a Certified

Hospital Trustee by a statewide hospital organization approved by

the State Department of Health. Trustee education shall commence

Oklahoma Statutes - Title 63. Public Health and Safety Page 266

within ninety (90) days of appointment to the office of trustees for

the public trust hospital.
Okla. Stat. tit. 63, § 63-4209.2v1 — OK Code / Title 63 / Section 63-4209.2v1
Removing or falsifying identification number of
Status: in_force

vessel or motor - Penalties.

A. As used in this section:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1664

1. “Identification number” includes any identifying number,

serial number, motor serial number or other distinguishing number or

mark, placed on a vessel or motor by its manufacturer or by

authority of Service Oklahoma or in accordance with the laws of

another state or country;

2. “Remove” includes deface, cover and destroy; and

3. “Falsify” includes alter and forge.

B. Any person or persons who shall remove or falsify or cause

to be removed or falsified the hull identification number of a

vessel or motor in this state, without first giving notice of such

act to Service Oklahoma, upon such form as Service Oklahoma may

prescribe, or any person who shall give a wrong description in any

application for the registration of any vessel or motor in this

state for the purpose of concealing or hiding the identity of such

vessel or motor, upon conviction, shall be guilty of a felony and

shall be punished by imprisonment in the State Penitentiary for a

term of not less than one (1) year and not more than five (5) years.

C. A person who buys, receives, possesses, sells or disposes of

a vessel or motor, knowing that the identification number of the

vessel or motor has been removed or falsified, upon conviction,

shall be guilty of a misdemeanor.

D. A person who buys, receives, possesses, sells or disposes of

a vessel or motor, knowing that the identification number of the

vessel or motor has been removed or falsified and with intent to

conceal or misrepresent the identity of the vessel or motor, upon

conviction, shall be guilty of a felony and shall be punished by a

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

imprisonment for not more than five (5) years, or by both such fine

and imprisonment.

E. An identification number may be placed on a vessel or motor

by its manufacturer in the regular course of business or placed or

restored on a vehicle or engine by authority of Service Oklahoma

without violating this section. An identification number so placed

or restored is not falsified.
Okla. Stat. tit. 63, § 63-1-742 — OK Code / Title 63 / Section 63-1-742
Payment for securing or soliciting patients for hospital
Status: in_force

or other entity - Penalties - Construction of act - Exceptions.

A. 1. Any person who intentionally or knowingly pays to or

accepts anything of value from any person, firm, association of

persons, partnership or corporation for securing or soliciting

patients for any health care professional, health care provider, or

other entity providing health care services in this state, upon

conviction, shall be guilty of a misdemeanor and shall be punished

by a fine of not less than Five Hundred Dollars ($500.00) and not

more than Two Thousand Dollars ($2,000.00).

2. In addition to any other penalties or remedies provided by

law:

a. a violation of this section by a health care

professional or health care provider shall be grounds

for disciplinary action by the state agency licensing,

Oklahoma Statutes - Title 63. Public Health and Safety Page 385

certifying or registering such professional or

provider, and

b. the state agency licensing, certifying, or registering

such professional or provider may institute an action

to enjoin violation or potential violation of this

section.

B. This section shall not be construed to prohibit:

1. Advertising, except that advertising which:

a. is false, misleading or deceptive,

b. advertises professional superiority or the performance

of a professional service in a superior manner, and

c. is not readily subject to verification;

2. Remuneration for advertising, marketing, or other services

that are provided for the purpose of securing or soliciting

patients, provided the remuneration is:

a. set in advance,

b. consistent with the fair market value of the services,

and

c. not based on the volume or value of any patient

referrals or business otherwise generated between the

parties; and

3. Any payment, business arrangements, or payments practice not

prohibited by 42 U.S.C., Section 1320a-7b(b), or any regulations

promulgated pursuant thereto.

C. This section shall not apply to licensed insurers, including

but not limited to, group hospital service corporations or health

maintenance organizations which reimburse, provide, offer to

provide, or administer hospital, medical, dental, or other health-

related benefits under a health benefits plan for which it is the

payor when it is providing those services under a health benefits

plan, or referral agency as defined in paragraph 4 of Section 1 of

this act.

D. For purposes of this section:

1. "Health care professional" means any person who offers or

provides counseling or health or mental health care under a license,

certification or registration issued pursuant to Title 59 of the

Oklahoma Statutes; and

2. "Health care provider" means any hospital or related

institution offering or providing health care services licensed

pursuant to Section 1-702 of this title.
Okla. Stat. tit. 63, § 63-427.17 — OK Code / Title 63 / Section 63-427.17
See the following versions:
Status: in_force

OS 63-427.17v1 (SB 2038, Laws 2024, c. 452, § 142).

OS 63-427.17v2 (SB 1635, Laws 2024, c. 447, § 4).
Okla. Stat. tit. 63, § 63-1-740.18 — OK Code / Title 63 / Section 63-1-740.18
Monitor and review of grant-supervising entities
Status: in_force

The State Department of Health shall annually monitor and review

any grant-supervising entity participating in the Choosing

Oklahoma Statutes - Title 63. Public Health and Safety Page 380

Childbirth Act and any private organization directly receiving a

service grant from the Department to ensure that the grant-

supervising entity or private organization carefully adheres to the

purposes and requirements of the Choosing Childbirth Act. The

Department shall cease funding a grant-supervising entity or private

organization that fails to adhere to such purposes and requirements

if the Department proves specific findings of noncompliance, subject

to judicial review.
Okla. Stat. tit. 63, § 63-1-756.10 — OK Code / Title 63 / Section 63-1-756.10
Violations – Criminal penalties
Status: in_force

A. A person who intentionally, knowingly or recklessly violates

any provision of this act is guilty of a misdemeanor.

B. 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 felony.

C. No criminal penalty may be assessed against the pregnant

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

performed.
Okla. Stat. tit. 63, § 63-1-301 — OK Code / Title 63 / Section 63-1-301
Definitions
Status: in_force

As used in this article:

1. "Vital statistics" means records of birth, death, fetal

death and data related thereto;

2. "System of vital statistics" means the registration,

collection, preservation, amendment and certification of vital

statistics records, and activities related thereto, including the

tabulation, analysis and publication of statistical data derived

from such records;

3. "Filing" means the presentation of a certificate, report or

other record provided for in this article, of a birth, death, fetal

death or adoption, for registration by the Commissioner of Health;

4. "Registration" means the acceptance by the Commissioner of

Health and the incorporation in his or her official records of

certificates, reports or other records provided for in this article,

of births, deaths, fetal deaths or adoptions;

5. "Live birth" means the complete expulsion or extraction from

the mother of a product of human conception, irrespective of the

duration of pregnancy, which, after such expulsion or extraction,

breathes or shows any other evidence of life such as beating of the

heart, pulsation of the umbilical cord or definite movement of

Oklahoma Statutes - Title 63. Public Health and Safety Page 175

voluntary muscles, whether or not the umbilical cord has been cut or

the placenta is attached;

6. "Stillbirth" or "stillborn child" means a fetal death;

7. "Certificate of birth resulting in stillbirth" means a

certificate issued to memorialize a stillborn child;

8. "Fetal death" means death prior to the complete expulsion or

extraction from its mother of a product of human conception after

the fetus has advanced to or beyond the twelfth week of

uterogestation. The death is indicated by the fact that, after such

expulsion or extraction, the fetus does not breathe or show any

other evidence of life such as beating of the heart, pulsation of

the umbilical cord or definite movement of voluntary muscles;

9. "Dead body" means an individual who is determined to be dead

pursuant to the provisions of the Uniform Determination of Death

Act;

10. "Final disposition" means the burial, interment, cremation,

or other disposition of a dead body or fetus;

11. "Physician" means a person who is a member of the class of

persons authorized to use the term "physician" pursuant to Section

725.2 of Title 59 of the Oklahoma Statutes;

12. "Institution" means any establishment, public or private,

which provides inpatient medical, surgical or diagnostic care or

treatment, or nursing, custodial or domiciliary care, to two or more

unrelated individuals, or to which persons are committed by law;

13. "Disinterment" means the recovery of human remains by

exhumation or disentombment. "Disinterment" does not include the

raising and lowering of remains to accommodate two interments within

a single grave and does not include the repositioning of an outside

burial container that encroaches on adjoining burial space; and

14. "Minor correction" means fixing a scrivener's error,

correcting an error in the spelling of a name or word of common

knowledge, filling in an erroneous omission, deleting an erroneous

addition, or something similar. To obtain a minor correction, an

applicant shall provide clear and convincing evidence of an

objective error that was knowable at or near the time the

certificate was made.
Okla. Stat. tit. 63, § 63-1-1451 — OK Code / Title 63 / Section 63-1-1451
Definitions
Status: in_force

As used in the Oklahoma Medical Micropigmentation Regulation

Act:

Oklahoma Statutes - Title 63. Public Health and Safety Page 623

1. “Licensing board” means the Oklahoma State Board of Medical

Licensure and Supervision, the State Board of Osteopathic Examiners

and/or the Board of Dentistry;

2. “Medical micropigmentation” means a medical procedure in

which any color or pigment is applied with a needle or electronic

machine:

a. to produce a permanent mark visible through the skin,

b. above the jawline and anterior to the ear and frontal

hairline including but not limited to application of

eyeliner, eye shadow, lips, eyebrows, cheeks, and

scars, and/or

c. for repigmentation of areas involving reconstructive

surgery or trauma.

Medical micropigmentation shall not include placing on the body any

pictures, images, numbers, signs, letters of the alphabet, or

designs. Medical micropigmentation shall not be construed to be

included in the definition of tattooing as provided in Section 841

of Title 21 of the Oklahoma Statutes; and

3. “Physician” means a person licensed to practice:

a. allopathic medicine and surgery by the Oklahoma State

Board of Medical Licensure and Supervision pursuant to

the Oklahoma Allopathic Medical and Surgical Licensure

and Supervision Act,

b. osteopathic medicine by the State Board of Osteopathic

Examiners pursuant to the Oklahoma Osteopathic

Medicine Act, or

c. dentistry by the Board of Dentistry pursuant to the

State Dental Act.
Okla. Stat. tit. 63, § 63-1-317d — OK Code / Title 63 / Section 63-1-317d
Sudden unexplained infant death investigation (SUIDI)
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 187

A. When the death of an infant occurs in this state and the

cause of death is considered undetermined, a medical examiner shall

conduct a sudden unexplained infant death investigation (SUIDI) not

more than forty-eight (48) hours after the death has occurred. The

medical examiner or a medical examiner investigator currently

certified by the American Board of Medicolegal Death Investigators

shall interview the parent, legal guardian or caregiver of, or

person who last had contact with, the deceased infant and shall fill

out the Centers for Disease Control and Prevention's SUIDI reporting

form accordingly. The State Department of Health shall retain a

copy of each completed SUIDI reporting form in order to compile

accurate and reliable data on SUIDI to aid and inform the policies

of the Department, and the Department shall provide a copy of each

completed SUIDI reporting form to the Child Death Review Board.

B. As used in this section, "medical examiner" means the Chief

Medical Examiner, the Deputy Chief Medical Examiner or a medical

examiner appointed by the Chief Medical Examiner pursuant to Section

937 of Title 63 of the Oklahoma Statutes.
Okla. Stat. tit. 63, § 63-2200.18A — OK Code / Title 63 / Section 63-2200.18A
Immunity
Status: in_force

A. A person who acts in accordance with this act or with the

applicable anatomical gift law of another state or attempts in good

faith to do so, is not liable for the act in a civil action,

criminal prosecution, or administrative proceeding.

B. Neither the person making an anatomical gift nor the donor’s

estate is liable for any injury or damage that results from the

making or use of the gift.

C. In determining whether an anatomical gift has been made,

amended, or revoked under this act, a person may rely upon

Oklahoma Statutes - Title 63. Public Health and Safety Page 1364

representations of an individual listed in paragraph 2, 3, 4, 5, 6,

7 or 8 of subsection A of Section 9 of this act relating to the

individual’s relationship to the donor or prospective donor unless

the person knows that the representation is untrue.
Okla. Stat. tit. 63, § 63-1-1301.8 — OK Code / Title 63 / Section 63-1-1301.8
Renumbered as § 7-408 of Title 2 by Laws 1994, c
Status: in_force

140, § 30, eff. Sept. 1, 1994.
Okla. Stat. tit. 63, § 63-1-105 — OK Code / Title 63 / Section 63-1-105
State Department of Health created
Status: in_force

There is hereby created a State Department of Health, which

shall consist of the State Commissioner of Health, and such

divisions, sections, bureaus, offices, and positions as may be

established by the Commissioner, or by law.
Okla. Stat. tit. 63, § 63-1-550.4 — OK Code / Title 63 / Section 63-1-550.4
Short title – Fayelen's Law
Status: in_force

This section shall be known and may be cited as "Fayelen's Law".
Okla. Stat. tit. 63, § 63-1-2714 — OK Code / Title 63 / Section 63-1-2714
Dental Loan Repayment 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 "Dental Loan

Repayment 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 are hereby appropriated and may be budgeted

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

repaying dental student loans. 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, § 63-2560 — OK Code / Title 63 / Section 63-2560
Short title - Nondiscrimination in Health Care Coverage
Status: in_force

Act.

This act shall be known and may be cited as the

"Nondiscrimination in Health Care Coverage Act".
Okla. Stat. tit. 63, § 63-1-546.5 — OK Code / Title 63 / Section 63-1-546.5
District attorney multidisciplinary teams -
Status: in_force

Appropriate dispositions.

A district attorney may convene a multidisciplinary team to

assist in making a determination of the appropriate disposition of a

case of a pregnant woman who is abusing or is addicted to drugs or

alcohol to the extent that the unborn child is at risk of harm. The

multidisciplinary team shall include at least one person with

training and experience in the treatment of addiction. As used in

this section, an appropriate disposition may include but shall not

be limited to filing a petition for involuntary commitment as

provided by Section 5-410 et seq. of Title 43A of the Oklahoma

Statutes to a public facility or a private facility willing to

accept the pregnant woman for treatment.
Okla. Stat. tit. 63, § 63-1-1754 — OK Code / Title 63 / Section 63-1-1754
Renewal of permit or license
Status: in_force

As a condition for renewal of a permit to practice, the Board

shall require certificate and license holders to furnish evidence of

participation in continuing education in the practice of fitting and

dealing in hearing aids and related devices. The Board may adopt

reasonable rules and regulations regarding such continuing

education.
Okla. Stat. tit. 63, § 63-1-1532 — OK Code / Title 63 / Section 63-1-1532
Health Care Enhancement Fund
Status: in_force

There is hereby created in the State Treasury a fund to be

designated the "Health Care Enhancement Fund". The fund shall be a

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

consist of monies received pursuant to Section 7 of this act and any

monies designated to the fund by law. All monies accruing to the

credit of the fund shall be appropriated at the discretion of the

Legislature for the purpose of enhancing the health of Oklahomans.
Okla. Stat. tit. 63, § 63-1-1911 — OK Code / Title 63 / Section 63-1-1911
Inspections - Meetings - Reports - Departmental files
Status: in_force

A. 1. Every building, institution, or establishment for which

a license has been issued, including any facility operated by the

Oklahoma Department of Veterans Affairs, shall be periodically

inspected by a duly appointed representative of the State Department

of Health, pursuant to rules promulgated by the State Commissioner

of Health with the advice and counsel of the Long-Term Care Facility

Advisory Board, created in Section 1-1923 of this title.

2. Inspection reports shall be prepared on forms prescribed by

the Commissioner with the advice and counsel of the Advisory Board.

B. 1. The Department, whenever it deems necessary, shall

inspect, survey, and evaluate every facility, including any facility

operated by the Oklahoma Department of Veterans Affairs, to

determine compliance with applicable licensure and certification

requirements and standards. All inspections of facilities shall be

unannounced. The Department may have as many unannounced

inspections as it deems necessary.

2. The Department shall conduct at least one unannounced

inspection per calendar year of all nursing facilities operated by

the Oklahoma Department of Veterans Affairs.

3. Any employee of the State Department of Health who discloses

to any unauthorized person, prior to an inspection, information

regarding an unannounced nursing home inspection required pursuant

to the provisions of this section shall, upon conviction thereof, be

guilty of a misdemeanor. In addition, such action shall be

construed to be a misuse of office and punishable as a violation of

rules promulgated by the Ethics Commission.

Oklahoma Statutes - Title 63. Public Health and Safety Page 679

4. a. The Department may periodically visit a facility for

the purpose of consultation and may notify the

facility in advance of such a visit. An inspection,

survey, or evaluation, other than an inspection of

financial records or a consultation visit, shall be

conducted without prior notice to the facility.

b. One person shall be invited by the Department to act

as a citizen observer in unannounced inspections. The

individual may be a representative of a statewide

organization of the elderly or a representative of the

Office of the State Long-Term Care Ombudsman.

c. The citizen observer shall be reimbursed for expenses

in accordance with the provisions of the State Travel

Reimbursement Act.

d. An employee of a state or unit of a local government

agency, charged with inspecting, surveying, and

evaluating facilities, who aids, abets, assists,

conceals, or conspires with a facility administrator

or employee in violation of the provisions of the

Nursing Home Care Act shall be guilty, upon conviction

thereof, of a misdemeanor and shall be subject to

dismissal from employment.

C. The Department shall hold open meetings, as part of its

routine licensure survey, in each of the licensed facilities to

advise and to facilitate communication and cooperation between

facility personnel and the residents of facilities in their mutual

efforts to improve patient care. Administrators, employees of the

facility, residents, residents' relatives, friends, residents'

representatives, and employees from appropriate state and federal

agencies shall be encouraged to attend these meetings to contribute

to this process.

D. 1. The Department shall require periodic reports and shall

have access to books, records, and other documents maintained by the

facility to the extent necessary to implement the provisions of the

Nursing Home Care Act and the rules promulgated pursuant thereto.

2. Any holder of a license or applicant for a license shall be

deemed to have given consent to any authorized officer, employee, or

agent of the Department to enter and inspect the facility in

accordance with the provisions of the Nursing Home Care Act.

Refusal to permit such entry or inspection, except for good cause,

shall constitute grounds for remedial action or administrative

penalty or both such action and penalty as provided in the Nursing

Home Care Act.

E. The Department shall maintain a file on each facility in the

state. All conditions and practices not in compliance with

applicable standards shall be specifically stated. If a violation

is corrected or is subject to an approved plan of correction, such

Oklahoma Statutes - Title 63. Public Health and Safety Page 680

action shall be contained in the file. Upon receiving a written

request for a copy of the file documents, the Department shall send

a copy of the document to any person making the written request.

The Department may charge a reasonable fee for copying costs.
Okla. Stat. tit. 63, § 63-1-1925 — OK Code / Title 63 / Section 63-1-1925
Minimum standards for facilities
Status: in_force

The State Department of Health shall prescribe minimum standards

for facilities. These standards shall regulate:

1. Location and construction of the facility, including

plumbing, heating, lighting, ventilation, and other physical

conditions which shall ensure the health, safety and comfort of

residents and protection from fire hazards;

2. Number and qualifications of all personnel, including

management and nursing personnel, having responsibility for any part

of the care given to residents; specifically, the Department shall

establish staffing ratios for facilities which shall specify the

number of staff hours per resident of care that are needed for

professional nursing care for various types of facilities or areas

within facilities;

3. All sanitary conditions within the facility 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 to the 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;

6. Minimum levels of supplies including, but not limited to,

food and other perishables;

7. Minimum financial solvency standards to ensure the operation

of facilities; and

8. A program of rehabilitation for those residents who would

benefit from such programs.
Okla. Stat. tit. 63, § 63-1-860.9 — OK Code / Title 63 / Section 63-1-860.9
Denial, refusal to renew, suspension or revocation of
Status: in_force

license.

A. After notice and hearing pursuant to the provisions of

Section 1-860.10 of this title, the State Department of Health may:

1. Deny a first-year or permanent license to an applicant who

does not meet the requirements for licensure pursuant to the

provisions of the Oklahoma Hospice Licensing Act;

2. Refuse to renew, suspend or revoke a first-year or permanent

license to a hospice which is not in compliance with the provisions

of the Oklahoma Hospice Licensing Act or with the rules promulgated

by the State Board of Health pursuant to the provisions of the

Oklahoma Hospice Licensing Act;

3. Deny, refuse to renew, suspend or revoke a first-year or

permanent license to an applicant or hospice which has a history of

noncompliance or incomplete or partial compliance with the

Oklahoma Statutes - Title 63. Public Health and Safety Page 517

provisions of the Oklahoma Hospice Licensing Act or with the rules

promulgated by the Board pursuant to the Oklahoma Hospice Licensing

Act, or for which there is other satisfactory evidence which

demonstrates that the applicant or hospice is unlikely to provide

care or treatment to the patients in the care of the hospice in a

manner which warrants public trust;

4. Deny, refuse to renew, suspend or revoke a first-year or

permanent license to an applicant or hospice which has insufficient

financial or other resources to the extent that the applicant or

hospice is incapable of ensuring or providing adequate care or

treatment to the patients; or

5. Assess administrative penalties pursuant to Article II of

the Administrative Procedures Act.

B. Any of the following actions by a hospice or any of its

employees shall be grounds for action by the Department against a

hospice:

1. A violation of the provisions of the Oklahoma Hospice

Licensing Act or of any of the rules promulgated thereto; or

2. An intentional or negligent act materially affecting the

health or safety of a patient.
Okla. Stat. tit. 63, § 63-1-105a — OK Code / Title 63 / Section 63-1-105a
Liability insurance for certain employees
Status: in_force

The Department of Health is authorized to purchase or provide,

from funds available for the operation of the Department, liability

insurance for the State Board of Health, the Commissioner of Health,

and such other employees of the Department as may be designated by

the Board. The insurance coverage shall protect such persons from

personal civil liability for errors and omissions resulting from the

discharge of their official duties. This section shall in no way be

construed as waiving the governmental immunity of the state.
Okla. Stat. tit. 63, § 63-1-723.2 — OK Code / Title 63 / Section 63-1-723.2
Discount program for qualified self-pay patients -
Status: in_force

Defense in collection action.

A. Each hospital in this state shall establish a discount

program for hospital charges for qualified self-pay patients who

have household incomes of up to three hundred percent (300%) of the

federal poverty guidelines. This discount program shall not be

required for patients who are eligible for or enrolled in private or

public insurance plans providing hospital coverage, including

indemnity plans.

B. While a hospital may set uniform prices for its services,

products, and fees, qualified self-pay patients shall be eligible

for minimum discounts from the hospital so that the hospital charge

after the discount shall not exceed the greater of the amount

Medicare would pay for the same services, or the cost of services as

determined by multiplying the hospital’s whole cost-to-charge ratio

by the billed charges.

C. It shall be the responsibility of the patient to establish

their eligibility for the discount.

D. The provisions of this section do not apply to procedures

that are not medically necessary as determined by the treating

physician.

E. In a collection action brought by the hospital, a patient

may assert the provisions of this section as a defense to the

action. To be available as a defense, the patient must establish

eligibility for the discount by proving:

1. The household income of the patient is below three hundred

percent (300%) of the federal poverty guidelines; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 283

2. The patient is not eligible or enrolled in private or public

insurance plans providing hospital coverage.

If the elements are established, the hospital is limited in its

collection efforts to the greater of the amount Medicare would pay

for the same services, or the cost of services as determined by

multiplying the hospital’s whole cost-to-charge ratio by the billed

charges.
Okla. Stat. tit. 63, § 63-6802 — OK Code / Title 63 / Section 63-6802
Transfer of monies from state funds – Conditions
Status: in_force

A. During a catastrophic health emergency, the Governor may

transfer from any fund available to the Governor in the State

Treasury sums of money as may be necessary during a state of

catastrophic health emergency.

B. Monies so transferred shall be repaid to the fund from which

they were transferred when monies become available for that purpose,

by legislative appropriation or otherwise.

C. A transfer of funds by the Governor under the provisions of

this section may be made only when one or more of the following

conditions exist:

1. No appropriation or other authorization is available to meet

the catastrophic health emergency;

2. An appropriation is insufficient to meet the catastrophic

health emergency; or

3. Federal monies available for such a catastrophic health

emergency require the use of state or other public monies.

D. All expenses incurred by the state during a state of

catastrophic health emergency shall be subject to the following

limitations:

1. No expense shall be incurred against the monies authorized

under this section, without the general approval of the Governor;

2. The aggregate amount of all expenses incurred pursuant to

this section shall not exceed Fifty Million Dollars ($50,000,000.00)

for any fiscal year; and

3. Monies authorized for a state of catastrophic health

emergency in prior fiscal years may be used in subsequent fiscal

years only for the catastrophic health emergency for which they were

authorized. Monies authorized for a catastrophic health emergency

in prior fiscal years, and expended in subsequent fiscal years for

the catastrophic health emergency for which they were authorized,

apply toward the fifty-million-dollar expense limit for the fiscal

year in which they were authorized.
Okla. Stat. tit. 63, § 63-1-1708.1D — OK Code / Title 63 / Section 63-1-1708.1D
Medical liability actions - Evidence
Status: in_force

A. In every medical liability action, the court shall admit

evidence of payments of medical bills made to the injured party,

unless the court makes the finding described in paragraph B of this

section.

B. In any medical liability action, upon application of a

party, the court shall make a determination whether amounts claimed

by a health care provider to be a payment of medical bills from a

collateral source is subject to subrogation or other right of

recovery. If the court makes a determination that any such payment

is subject to subrogation or other right of recovery, evidence of

the payment from the collateral source and subject to subrogation or

other right of recovery shall not be admitted.
Okla. Stat. tit. 63, § 63-1-756.14 — OK Code / Title 63 / Section 63-1-756.14
Severability
Status: in_force

If any one or more provisions, sections, subsections, sentences,

clauses, phrases or words of this act or the application thereof to

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

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

remain effective notwithstanding such unconstitutionality. The

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

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

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

provisions, sections, subsections, sentences, clauses, phrases or

words be declared unconstitutional.
Okla. Stat. tit. 63, § 63-1059 — OK Code / Title 63 / Section 63-1059
Interest of commissioners, officers, or employees
Status: in_force

A. During his tenure and for one (1) year thereafter, no

commissioner, officer, or employee of the local housing authority

shall voluntarily acquire any interest, direct or indirect, in any

project or in any property included or planned to be included in any

project, or in any contract or proposed contract relating to any

housing project. If any such commissioner, officer, or employee

involuntarily acquired any such interest, or voluntarily or

involuntarily acquired any such interest prior to appointment or

employment as commissioner, officer, or employee, the commissioner,

officer, or employee, in any such event, shall immediately disclose

his interest in writing to the authority, and such disclosure shall

be entered upon the minutes of the authority, and the commissioner,

officer, or employee shall not participate in any action by the

authority relating to the property or contract in which he has any

such interest. Any violation of the foregoing provisions of this

section shall constitute misconduct in office. This section shall

not be applicable to the acquisition of any interest in notes or

bonds of an authority issued in connection with any housing project,

or to the execution of agreements by banking institutions for the

deposit or handling of funds in connection with a project or to act

as trustee under any trust indenture, or to utility services the

rates for which are fixed or controlled by a governmental agency.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1315

B. Nothing in this section shall be construed to apply to the

housing authority commissioner who is a tenant.
Okla. Stat. tit. 63, § 63-1-738n — OK Code / Title 63 / Section 63-1-738n
Notification of physicians - Late fee - Promulgation of
Status: in_force

rules – Claims brought by taxpayers.

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

State Board of Osteopathic Examiners shall notify, by March 1, 2012,

all physicians licensed to practice in this state over whom they

have licensure authority of the requirements of the Statistical

Abortion Reporting Act and of the addresses of the pages on the

State Department of Health's secure Internet website providing

access to the forms it requires and instructions for their

electronic submission. The respective Board shall also notify each

physician who subsequently becomes newly licensed to practice in

this state, at the same time as an official notification to that

physician, that the physician is so licensed.

B. Individual Abortion Forms or Complications of Induced

Abortion Reports that are not submitted by the end of a grace period

of thirty (30) days following the due date shall be subject to a

late fee of Five Hundred Dollars ($500.00) for each additional

thirty-day period the forms or reports are overdue. Any monies

collected under this subsection shall be deposited into an account

created within the Department, which shall be used for the

administration of the Statistical Abortion Reporting Act. Any

physician required to report in accordance with the Statistical

Abortion Reporting Act who has not completed and electronically

submitted a form or report, or has submitted only an incomplete form

or report, more than one (1) year following the due date shall be

precluded from renewing his or her license until such fines are paid

in full and outstanding forms or reports are submitted, and may, in

an action brought by the State Department of Health, be directed by

a court of competent jurisdiction to electronically submit completed

forms or reports within a period stated by court order or be subject

to sanctions for civil contempt.

C. Anyone who knowingly or recklessly fails to submit an

Individual Abortion Form or Complications of Induced Abortion

Report, or submits false information under the Statistical Abortion

Reporting Act, shall be guilty of a misdemeanor.

D. The Department, the State Board of Medical Licensure and

Supervision and the State Board of Osteopathic Examiners shall

ensure compliance with the Statistical Abortion Reporting Act and

shall verify the data provided by periodic inspections of places

where the Department, the State Board of Medical Licensure and

Supervision or the State Board of Osteopathic Examiners know or have

reason to believe abortions are performed.

Oklahoma Statutes - Title 63. Public Health and Safety Page 361

E. The Department may promulgate rules in accordance with the

Administrative Procedures Act to alter the dates established by the

Statistical Abortion Reporting Act to achieve administrative

convenience, fiscal savings, or to reduce the burden of reporting

requirements, so long as the forms and reports are made available,

on its stable Internet website, to all licensed physicians in this

state, and the public reports described in Section 1-738m of this

title are issued at least once every year.

F. If the Department fails to issue the public reports

described in Section 1-738m of this title, an action pursuant to

Chapter 26 of Title 12 of the Oklahoma Statutes may be initiated.

If judgment is rendered in favor of the plaintiff in any action

described in this subsection, the court shall also render judgment

for a reasonable attorney fee in favor of the plaintiff against the

defendant. 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 shall also render judgment for a reasonable

attorney fee in favor of the defendant against the plaintiff.

G. If an abortion provider fails to submit any report required

pursuant to Section 1-738k of this title, upon the refusal, failure

or neglect of the State Commissioner of Health, within twenty (20)

days after written demand signed, verified and served upon the State

Department of Health by at least ten registered voters of the state,

to institute or diligently prosecute proper proceedings at law or in

equity to compel an abortion provider to submit any report required

pursuant to Section 1-738k of this title but not yet submitted to

the State Department of Health, any resident taxpayer of the state

after serving the notice aforesaid may in the name of the State of

Oklahoma as plaintiff, institute and maintain any proper action

which the State Department of Health might institute and maintain to

compel the abortion provider to file such report. If a court of

competent jurisdiction determines the claims to be meritorious, the

abortionist shall be compelled to file the report and to pay the

fee(s) prescribed in subsection B of this section, with costs and

reasonable attorney fees. If all claims stated by the resident

taxpayers in the written demand are determined in a court of

competent jurisdiction to be frivolous and brought in bad faith, the

resident taxpayers who signed such demand and who are parties to the

lawsuit in which such claims are determined to be frivolous and

brought in bad faith shall be jointly and severally liable for all

reasonable attorney fees and court costs incurred by the

abortionist.
Okla. Stat. tit. 63, § 63-1-222.3 — OK Code / Title 63 / Section 63-1-222.3
Support of programs
Status: in_force

The board of county commissioners may allocate part or all of

the proceeds of the three-fourths-mill levy provided for by Section

1-219, as amended by Section 1 of this act, Title 63, Oklahoma

Statutes, to the county health department for establishment or

support of child guidance centers as part of the county health

department. The county board of health shall continue in

responsibility for child guidance centers receiving funds in

accordance with the provisions of Section 1-202, Title 63, Oklahoma

Statutes.
Okla. Stat. tit. 63, § 63-1-313 — OK Code / Title 63 / Section 63-1-313
Delayed birth certificate
Status: in_force

A. When the birth of a person born in this state has not been

registered, a certificate may be filed in accordance with

regulations of the State Commissioner of Health. Such certificate

shall be registered subject to such evidentiary requirements as the

Commissioner shall by regulation prescribe, to substantiate the

alleged facts of birth.

B. Certificates of birth registered one year or more after the

date of occurrence shall be marked "delayed" and show on their face

the date of the delayed registration.

C. A summary statement of the evidence submitted in support of

the delayed registration shall be endorsed on the certificate.

D. When an applicant does not submit the minimum documentation

required in the regulations for delayed registration, or when the

State Commissioner of Health finds reason to question the validity

or adequacy of the documentary evidence, the Commissioner shall not

register the delayed certificate and shall advise the applicant of

the reasons for his or her action.

E. Beginning on the effective date of this act, the biological

sex designation on a certificate of birth issued under this section

shall be either male or female and shall not be nonbinary or any

symbol representing a nonbinary designation including but not

limited to the letter "X".
Okla. Stat. tit. 63, § 63-1-745.3 — OK Code / Title 63 / Section 63-1-745.3
Legislative findings
Status: in_force

The Legislature of the State of Oklahoma finds that:

1. Pain receptors (nociceptors) are present throughout the

unborn child's entire body by no later than sixteen (16) weeks after

fertilization and nerves link these receptors to the brain's

thalamus and subcortical plate by no later than twenty (20) weeks;

2. By eight (8) weeks after fertilization, the unborn child

reacts to touch. After twenty (20) weeks, the unborn child reacts

to stimuli that would be recognized as painful if applied to an

adult human, for example by recoiling;

3. In the unborn child, application of such painful stimuli is

associated with significant increases in stress hormones known as

the stress response;

4. Subjection to such painful stimuli is associated with long-

term harmful neurodevelopmental effects, such as altered pain

sensitivity and, possibly, emotional, behavioral, and learning

disabilities later in life;

5. For the purposes of surgery on unborn children, fetal

anesthesia is routinely administered and is associated with a

decrease in stress hormones compared to their level when painful

stimuli are applied without such anesthesia;

6. The position, asserted by some medical experts, that the

unborn child is incapable of experiencing pain until a point later

in pregnancy than twenty (20) weeks after fertilization

predominately rests on the assumption that the ability to experience

pain depends on the cerebral cortex and requires nerve connections

between the thalamus and the cortex. However, recent medical

research and analysis, especially since 2007, provides strong

Oklahoma Statutes - Title 63. Public Health and Safety Page 391

evidence for the conclusion that a functioning cortex is not

necessary to experience pain;

7. Substantial evidence indicates that children born missing

the bulk of the cerebral cortex, those with hydranencephaly,

nevertheless experience pain;

8. In adults, stimulation or ablation of the cerebral cortex

does not alter pain perception, while stimulation or ablation of the

thalamus does;

9. Substantial evidence indicates that structures used for pain

processing in early development differ from those of adults, using

different neural elements available at specific times during

development, such as the subcortical plate, to fulfill the role of

pain processing;

10. The position, asserted by some, that the unborn child

remains in a coma-like sleep state that precludes the unborn child

from experiencing pain is inconsistent with the documented reaction

of unborn children to painful stimuli and with the experience of

fetal surgeons who have found it necessary to sedate the unborn

child with anesthesia to prevent the unborn child from thrashing

about in reaction to invasive surgery;

11. Consequently, there is substantial medical evidence that an

unborn child is capable of experiencing pain by twenty (20) weeks

after fertilization;

12. It is the purpose of the State of Oklahoma to assert a

compelling state interest in protecting the lives of unborn children

from the stage at which substantial medical evidence indicates that

they are capable of feeling pain; and

13. Oklahoma's compelling state interest in protecting the

lives of unborn children from the stage at which substantial medical

evidence indicates that they are capable of feeling pain is intended

to be separate from and independent of Oklahoma's compelling state

interest in protecting the lives of unborn children from the stage

of viability, and neither state interest is intended to replace the

other.
Okla. Stat. tit. 63, § 63-3131.9 — OK Code / Title 63 / Section 63-3131.9
Certain conditions for insurance prohibited
Status: in_force

A. No policy of life insurance shall be impaired, modified, or

invalidated in any manner by the issuance of a do-not-resuscitate

consent or order, notwithstanding any term of the policy to the

contrary.

B. A person may not prohibit or require the issuance of a do-

not-resuscitate consent or order for an individual as a condition of

insurance or for receiving health care services.
Okla. Stat. tit. 63, § 63-3242.5 — OK Code / Title 63 / Section 63-3242.5
Supplement to appropriation – Authorization for
Status: in_force

matching funds.

A. The ambulance service provider access payment program fee is

to supplement, not supplant, appropriations to support ambulance

service provider reimbursement. If Medicaid reimbursement rates to

providers are adjusted, ambulance service provider rates shall not

be adjusted less favorably than the average percentage-rate

reduction or increase applicable to the majority of other provider

groups.

B. Notwithstanding any other provision of the Ambulance Service

Provider Access Payment Program Act, if, after receipt of

authorization to receive federal matching funds for monies generated

by the Ambulance Service Provider Access Payment Program Act, the

authorization is withdrawn or changed so that federal matching funds

Oklahoma Statutes - Title 63. Public Health and Safety Page 1568

are no longer available, the Oklahoma Health Care Authority shall

cease collecting the provider fee and shall repay to the ambulance

services any money received by the Ambulance Service Provider Access

Payment Program that is not subject to federal matching funds.
Okla. Stat. tit. 63, § 63-3105.5 — OK Code / Title 63 / Section 63-3105.5
Physician not subject to liability or discipline – Liability for falsification of form –
Status: in_force

Oklahoma Statutes - Title 63. Public Health and Safety Page 51Liability for falsification of form – Temporary court orders.

A. A physician or other health care provider acting in good

faith and in accordance with reasonable medical standards applicable

to the physician or other health care provider is not subject to

civil or criminal liability or to discipline for unprofessional

conduct for:

1. Executing an Oklahoma standardized format physician orders

for life-sustaining treatment form in compliance with a health care

decision of a person apparently having authority to make a health

care decision for a patient, including a decision to provide,

withhold or withdraw health care;

2. Declining to execute an Oklahoma standardized format

physician orders for life-sustaining treatment form in compliance

with a health care decision of a person based on a reasonable belief

that the person then lacked authority; or

3. Complying with an apparently valid Oklahoma standardized

format physician orders for life-sustaining treatment form on the

assumption that the order was valid when made and has not been

revoked or terminated.

B. A person who intentionally falsifies, forges, conceals,

defaces or obliterates an individual's physician orders for life-

sustaining treatment form without the individual's consent, or who

Oklahoma Statutes - Title 63. Public Health and Safety Page 1485

coerces or fraudulently induces an individual to give, revoke or not

to give a physician orders for life-sustaining treatment form, is

subject to liability to that individual for damages of Two Hundred

Thousand Dollars ($200,000.00) or actual damages resulting from the

action, whichever is greater, plus reasonable attorney fees.

C. On petition of a health care provider or facility involved

with the patient's care, the patient or the patient's custodial

parent or guardian, attorney-in-fact, guardian or health care proxy,

or other person who has authority to make health care decisions for

the patient under common law, any court of competent jurisdiction

may enjoin or direct a health care decision related to a physician

orders for life-sustaining treatment form or order other appropriate

equitable relief. The court shall issue such temporary orders as

necessary to preserve the life of the patient pending a final

judgment in such litigation, including any appeals.
Okla. Stat. tit. 63, § 63-79 — OK Code / Title 63 / Section 63-79
Oklahoma Sports Eye Safety Program Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

to be designated the "Oklahoma Sports Eye Safety Program Revolving

Fund" administered by the State Department of Health. The fund

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

and shall consist of all the monies received by the State Department

of Health pursuant to the provisions of Section 2368.25 of Title 68

of the Oklahoma Statutes, any other section of law and any other

monies that may be deposited in the fund to implement the provisions

of this act. All monies accruing to the credit of the fund are

appropriated and may be budgeted and expended by the State

Department of Health for the purposes of:

1. Exploring opportunities to utilize nonprofit organizations

to provide sports eye safety information or sports eye safety

equipment to children age eighteen (18) and under; and

2. Establishing a sports eye safety grant program for the

purchase and distribution of sports eye safety programs and

materials to classrooms in this state and sports eye safety

protective wear to children age eighteen (18) and under.

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, § 63-1-290.3 — OK Code / Title 63 / Section 63-1-290.3
Construction of act - Severability
Status: in_force

Nothing in the Public Health Delivery Act shall be construed as

changing the requirements of Sections 1-729a, 1-731 or 1-740.2 of

Title 63 of the Oklahoma Statutes. The section is inseverable from

Sections 1, 2 and 3 of this act.
Okla. Stat. tit. 63, § 63-1-329.1 — OK Code / Title 63 / Section 63-1-329.1
Cremation - Burial at sea - Bodies for pathologic
Status: in_force

study - Disposal permits.

Until a permit for disposal has been issued in accordance with

this section, no dead human body whose death occurred within the

State of Oklahoma shall be cremated, buried at sea, or made

unavailable for further pathologic study by other recognized means

of destruction or dissolution of such remains.

When the person legally responsible for disposition of a dead

human body, whose death occurred or was pronounced within this

state, desires that the body be cremated, buried at sea, or made

unavailable for further pathologic study by other recognized means

of destruction or dissolution of such remains, that person shall

complete an application-permit form for such procedure provided by

the Office of the Chief Medical Examiner. The Office of the Chief

Medical Examiner, in accordance with Section 948.1 of this title,

shall charge a fee for each cremation permit issued. The Medical

Examiner shall be notified, as required in Section 938 of this

title. He or she shall perform the required investigation and shall

issue a valid death certificate as required by Section 947 of this

title and execute the permit in accordance with rules established by

the Office of the Chief Medical Examiner. In order to be valid,

each permit must contain an individual number assigned to the

particular permit by the Office of the Chief Medical Examiner. A

copy of the application-permit form and the original death

certificate shall be filed with the State Department of Health. The

original application-permit form shall be filed by the funeral

director with the Office of the Chief Medical Examiner. Such filing

Oklahoma Statutes - Title 63. Public Health and Safety Page 204

shall occur or be postmarked within forty-eight (48) hours of the

death.

If death occurred or was pronounced outside the geographic

limits of the State of Oklahoma and the body is brought into this

state for such disposal, a transit permit or a permit for removal,

issued in accordance with the laws and regulations in force where

the death occurred shall authorize the transportation of the body

into or through this state and shall be accepted in lieu of a

certificate of death as required above. A valid permit issued for

disposal of such body in accordance with the laws in the

jurisdiction where the body died or death was pronounced shall be

authority for cremation or burial at sea or to make the body

otherwise unavailable for further pathologic study by other

recognized means of destruction or dissolution of such remains.
Okla. Stat. tit. 63, § 63-2-332 — OK Code / Title 63 / Section 63-2-332
Possession of substances to be used as precursor to
Status: in_force

manufacture of methamphetamine or another controlled substance –

Presumption – Exceptions – Penalty – Registration - Records.

A. It shall be unlawful for a person to knowingly and

unlawfully possess a drug product containing ephedrine,

pseudoephedrine or phenylpropanolamine, or their salts, isomers or

salts of isomers with intent to use the product as a precursor to

manufacture methamphetamine or another controlled substance.

B. Except as provided in this subsection, possession of a drug

product containing more than seven and two-tenths (7.2) grams of

ephedrine, pseudoephedrine or phenylpropanolamine, or their salts,

isomers or salts of isomers shall constitute a rebuttable

presumption of the intent to use the product as a precursor to

methamphetamine or another controlled substance. The rebuttable

presumption established by this subsection shall not apply to the

following persons who are lawfully possessing drug products in the

course of legitimate business:

1. A retail distributor of drug products or wholesaler;

2. A wholesale drug distributor, or its agents, licensed by the

Board of Pharmacy;

3. A manufacturer of drug products, or its agents, licensed by

the Board of Pharmacy;

4. A pharmacist licensed by the Board of Pharmacy; and

5. A licensed health care professional possessing the drug

products in the course of carrying out his profession.

C. A violation of subsection A of this section shall be a Class

B2 felony offense punishable as provided for in subsection G of

Section 2-401 of this title.

D. Any wholesaler, manufacturer, or distributor of drug

products containing pseudoephedrine or phenylpropanolamine, or their

salts, isomers, or salts of isomers shall obtain a registration

annually from the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control. Any such wholesaler, manufacturer, or distributor

shall keep complete records of all transactions involving such drug

products including the names of all parties involved in the

transaction and amount of the drug products involved. The records

shall be kept readily retrievable and separate from all other

invoices or records of transactions not involving such drug

products, and shall be maintained for not less than three (3) years.

E. As used in this section:

Oklahoma Statutes - Title 63. Public Health and Safety Page 976

1. "Manufacturer" means any person within this state who

produces, compounds, packages, or in any manner initially prepares

for sale or use any drug product described in subsection D of this

section, or any such person in another state if they cause the

products to be compounded, packaged, or transported into this state;

2. "Wholesaler" means any person within this state or another

state, other than a manufacturer, who sells, transfers, or in any

manner furnishes a drug product described in subsection A of this

section to any other person in this state for the purpose of being

resold;

3. "Distributor" means any person within this state or another

state, other than a manufacturer or wholesaler, who sells, delivers,

transfers, or in any manner furnishes a drug product described in

subsection A of this section to any person who is not the ultimate

user or consumer of the product; and

4. "Readily retrievable" means available for inspection without

prior notice at the registration address if that address is within

the State of Oklahoma. If the registration address is in a state

other than Oklahoma, it means records must be furnished within three

(3) working days by courier, facsimile, mail or electronic mail.

F. Any substances possessed without a registration as provided

in subsection D of this section shall be subject to forfeiture upon

conviction for a violation of this section.

G. In addition to any administrative penalties provided by law,

any violation of subsection D of this section shall be a

misdemeanor, punishable upon conviction by a fine only in an amount

not more than Ten Thousand Dollars ($10,000.00).
Okla. Stat. tit. 63, § 63-141.4 — OK Code / Title 63 / Section 63-141.4
Renumbered as § 124.3 of this title by Laws 1995, c
Status: in_force

344, § 33, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-687.2 — OK Code / Title 63 / Section 63-687.2
Definitions
Status: in_force

As used in this act:

1. “Emergency” means any occasion or instance for which, in the

determination of the President of the United States or the Governor

of the State of Oklahoma, federal or state assistance is needed to

supplement state and local efforts and capabilities to save lives,

protect property, public health and safety, or to lessen or avert

the threat of a catastrophe in any part of the state; and

2. “Man-made disaster” means a disaster caused by acts of man

including, but not limited to, an act of war, terrorism, chemical

spill or release, or power shortage that requires assistance from

outside the local political subdivision.
Okla. Stat. tit. 63, § 63-127 — OK Code / Title 63 / Section 63-127
Renumbered as § 128.4 of this title by Laws 1995, c. 344,
Status: in_force

§ 34, eff. Nov. 1, 1995.
Okla. Stat. tit. 63, § 63-2-503.1l — OK Code / Title 63 / Section 63-2-503.1l
Definitions
Status: in_force

As used in the Drug Money Laundering and Wire Transmitter Act:

1. “Conducts” includes initiating, concluding, or participating

in initiating, or concluding a transaction;

2. “Financial institution” includes:

a. any financial institution, as defined in Section

5312(a)(2) of Title 31 of the United States Code, or

the regulations promulgated thereunder, and

b. any foreign bank, as defined in Section 3101 of Title

12 of the United States Code;

3. “Financial transaction” means:

a. a transaction which in any way or degree affects

state, interstate or foreign commerce:

(1) involving the movement of funds by wire or other

means,

(2) involving one or more monetary instruments, or

(3) involving the transfer of title to any real

property, vehicle, vessel, or aircraft; or

b. a transaction involving the use of a financial

institution which is engaged in, or the activities of

which affect, state, interstate or foreign commerce

Oklahoma Statutes - Title 63. Public Health and Safety Page 1027

in any way or degree;

4. “Knowing that the property involved in a financial

transaction represents the proceeds of some form of unlawful

activity” means that the person knew the property involved in the

transaction represented proceeds from some form, though not

necessarily which form, of any violation of the Uniform Controlled

Dangerous Substances Act;

5. “Monetary instruments” means:

a. coin or currency of the United States or of any other

country, travelers’ checks, personal checks, bank

checks, and money orders, or

b. investment securities or negotiable instruments, in

bearer form or otherwise in such form that title

thereto passes upon delivery;

6. “Money transmitting” includes transferring funds by any and

all means including, but not limited to, transfers within this

state, country or to locations abroad by wire, check, draft,

facsimile, or courier;

7. “Proceeds” means all things of value furnished, or intended

to be furnished, in exchange for a controlled dangerous substance in

violation of the Uniform Controlled Dangerous Substances Act,

including all proceeds traceable to such an exchange, and all

monies, negotiable instruments, and securities used, or intended to

be used to facilitate any violation of the Uniform Controlled

Dangerous Substances Act;

8. “Specified unlawful activity” means any violation of the

Uniform Controlled Dangerous Substances Act; and

9. “Transaction” includes a purchase, sale, loan, pledge, gift,

transfer, delivery, or other disposition, and with respect to a

financial institution includes a deposit, withdrawal, transfer

between accounts, exchange of currency, loan, extension of credit,

purchase or sale of any stock, bond, certificate of deposit, or

other monetary instrument, use of a safe deposit box, or any other

payment, transfer, or delivery by, through, or to a financial

institution, by whatever means effected.
Okla. Stat. tit. 63, § 63-2-1001 — OK Code / Title 63 / Section 63-2-1001
Attorney General oversight of opioid overdose death
Status: in_force

control efforts.

A. The Attorney General shall have the power and duty to:

1. Coordinate and integrate state and local efforts to address

overdose deaths and create a body of information to prevent overdose

deaths;

2. Conduct case reviews of deaths of persons eighteen (18)

years of age or older due to licit or illicit opioid use in this

state;

3. Collect, analyze, and interpret state and local data on

opioid overdose deaths;

4. Develop a state and local database on opioid overdose

deaths;

5. Improve policies, procedures, and practices within the

agencies in order to prevent fatal opioid overdoses and to serve

victims of unintentional overdose; and

6. Enter into agreements with other state, local, or private

entities as necessary to carry out the duties under this section,

including, but not limited to, conducting joint reviews with the

Child Death Review Board on unintentional overdose cases involving

child death and child near-death incidents.

B. In carrying out his or her duties and responsibilities, the

Attorney General shall:

1. Promulgate rules, if necessary, establishing criteria for

identifying cases involving an opioid overdose death subject to

specific, in-depth review by the Attorney General;

2. Conduct a specific case review of those cases where the

cause of death is or may be related to overdose of opioid drugs;

3. Establish and maintain statistical information related to

opioid overdose deaths including, but not limited to, demographic

and medical diagnostic information;

4. Establish procedures for obtaining initial information

regarding opioid overdose deaths from law enforcement agencies;

5. Review the policies, practices, and procedures of medical

systems and law enforcement systems and other overdose protection

and prevention systems, and make specific recommendations to those

entities for actions necessary for the improvement of the system;

6. Request and obtain a copy of all records and reports

pertaining to an adult whose case is under review including, but not

limited to:

a. the report of the medical examiner,

b. hospital records,

c. school records,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1055

d. court records,

e. prosecutorial records,

f. local, state, and federal law enforcement records

including, but not limited to, the Oklahoma State

Bureau of Investigation (OSBI) and Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control (OBN),

g. fire department records,

h. State Department of Health records, including birth

certificate records,

i. medical and dental records,

j. Department of Mental Health and Substance Abuse

Services and other mental health records,

k. emergency medical service records,

l. files of the Department of Human Services, and

m. records in the possession of the Child Death Review

Board when conducting a joint review in accordance

with paragraph 6 of subsection A of this section.

Confidential information or records provided to the Attorney General

shall be maintained by the Attorney General in a confidential manner

as otherwise required by state and federal law. Any person damaged

by disclosure of such confidential information by the Attorney

General or any employees or contractors of the Office of the

Attorney General which is not authorized by law may maintain an

action for damages, costs and attorney fees pursuant to The

Governmental Tort Claims Act;

7. Maintain all confidential information, documents and records

in possession of the Attorney General as confidential and not

subject to subpoena or discovery in any civil or criminal

proceedings; provided however, information, documents, and records

otherwise available from other sources shall not be exempt from

subpoena or discovery through those sources solely because such

information, documents, and records were presented to or reviewed by

the Attorney General;

8. Conduct reviews of specific cases of opioid overdose deaths

and request the preparation of additional information and reports as

determined to be necessary by the Attorney General including, but

not limited to, clinical summaries from treating physicians,

chronologies of contact, and second-opinion autopsies;

9. Report to the Governor, the President Pro Tempore of the

Senate, and the Speaker of the House of Representatives any

information and guidance regarding the prevention and protection

system to advise on changing trends in overdose rates, substances,

methods, or any other factor impacting overdose deaths, including

any systemic issue within the medical, law enforcement, or other

relevant systems discovered by the Attorney General while performing

his or her duties; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 1056

10. Exercise all incidental powers necessary and proper for the

implementation and administration of this section.

C. All discussions of individual cases and any writings

produced by or created for the Attorney General in the course of

determining a remedial measure to be recommended by the Attorney

General, as the result of a review of an individual case of an

opioid overdose death, shall be privileged and shall not be

admissible in evidence in any proceeding.

D. The Attorney General shall submit an annual statistical

report on the incidence and causes of opioid overdose deaths in this

state for which the Attorney General has completed his or her review

during the past calendar year including his or her recommendations,

if any, to the medical and law enforcement system. The Attorney

General shall also prepare and make available to the public, on an

annual basis, a report containing a summary of the activities

relating to the review of opioid overdose deaths, the extent to

which the state medical and law enforcement system is coordinated,

and an evaluation of whether the state is efficiently discharging

its responsibilities to prevent opioid overdose deaths. The report

shall be completed no later than February 1 of the subsequent year.

E. Any entity from which the Attorney General requests records

in accordance with paragraph 6 of subsection B of this section shall

provide the records to the Attorney General.

F. The Attorney General may assign any of the powers and duties

in this section or in Section 2-1003 of this title to any of the

Attorney General’s assistants or employees.
Okla. Stat. tit. 63, § 63-2550.2 — OK Code / Title 63 / Section 63-2550.2
Referral to and treatment by specialist
Status: in_force

A. A managed care plan that has no participating provider for a

covered benefit requiring a specialist shall arrange for a referral

to a specialist with expertise in treating the covered benefit. The

specialist shall agree to abide by the terms of the plan’s provider

contract if the terms are commensurate with the terms of contracts

for similar specialists.

B. 1. A managed care plan shall include procedures by which a

covered person in a managed care plan, upon diagnosis by a primary

care provider of a condition that without specialized treatment

would result in deleterious outcomes that would threaten life or

limb or a degenerative and disabling condition or disease, either of

which requires specialized medical care over a prolonged period of

time, may be referred to a specialist with expertise in treating

such condition or disease.

2. The specialist may be responsible for and may provide and

coordinate the covered person’s primary and specialty care only if

the specialist is willing to abide by the terms of the plan’s

contract and capable of providing such care.

3. If the managed care plan, or the primary care provider in

consultation with the managed care plan and the specialist, if any,

determines that the most appropriate coordinator of the covered

person’s care is a specialist, the managed care plan shall authorize

Oklahoma Statutes - Title 63. Public Health and Safety Page 1400

a referral of the covered person to the specialist. In no event

shall a managed care plan be required to permit a covered person to

elect treatment by a nonparticipating specialist, except pursuant to

the provisions of subsection A of this section.

C. 1. A referral pursuant to this section shall be pursuant to

a treatment plan agreed to by the managed care plan, the specialist

and the primary care provider which complies with the covered

benefits of the health plan and which is developed in consultation

with the primary care provider, if appropriate, the specialist, and

the covered person or the designee of the covered person.

2. Subject to the terms of the treatment plan agreed to by the

managed care plan, the specialist and the primary care provider and

subject to the terms of the plan’s contract, a specialist shall be

permitted to treat the covered person without a referral from the

covered person’s primary care provider and may authorize referrals,

procedures, tests and other medical services as the covered person’s

primary care provider would otherwise be permitted to provide or

authorize.

3. If a managed care plan refers a covered person to a

nonparticipating specialist, services provided pursuant to the

treatment plan shall be provided pursuant to the provisions of

subsection A of this section at no additional cost to the covered

person beyond what the covered person would otherwise pay for

services received within the network of the managed care plan.

D. A managed care plan shall implement procedures for a

standing referral to a specialist if the primary care provider

determines in consultation with the specialist and the managed care

plan that a covered person needs continuing care from a specialist.

The referral shall be made pursuant to a treatment plan that

complies with covered benefits of the managed care plan.
Okla. Stat. tit. 63, § 63-1-2562 — OK Code / Title 63 / Section 63-1-2562
Article XIII — Oversight, dispute resolutions, and
Status: in_force

enforcement.

ARTICLE XIII

Oversight, Dispute Resolutions, and Enforcement

A. Oversight

1. The executive, legislative, and judicial branches of state

government in each member state shall enforce this Compact and take

all necessary and appropriate actions to effectuate the Compact's

purposes and intent. The provisions of this Compact and the rules

promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the Compact and the

rules in any judicial or administrative proceeding in a member state

pertaining to the subject matter of this Compact which may affect

the powers, responsibilities, or actions of the Commission.

3. The Commission shall be entitled to receive service of

process in any such proceeding, and shall have standing to intervene

in such a proceeding for all purposes. Failure to provide service

of process to the Commission shall render a judgment or order void

as to the Commission, this Compact, or promulgated rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a member state has

defaulted in the performance of its obligations or responsibilities

under this Compact or the promulgated rules, the Commission shall:

a. provide written notice to the defaulting state and

other member states of the nature of the default, the

proposed means of curing the default, and/or any other

action to be taken by the Commission, and

b. provide remedial training and specific technical

assistance regarding the default.

2. If a state in default fails to cure the default, the

defaulting state may be terminated from the Compact upon an

Oklahoma Statutes - Title 63. Public Health and Safety Page 862

affirmative vote of a majority of the member states, and all rights,

privileges, and benefits conferred by this Compact may be terminated

on the effective date of termination. A cure of the default does

not relieve the offending state of obligations or liabilities

incurred during the period of default.

3. Termination of membership in the Compact shall be imposed

only after all other means of securing compliance have been

exhausted. Notice of intent to suspend or terminate shall be given

by the Commission to the governor, the majority and minority leaders

of the defaulting state's legislature, and each of the member

states.

4. A state that has been terminated is responsible for all

assessments, obligations, and liabilities incurred through the

effective date of termination, including obligations that extend

beyond the effective date of termination.

5. The Commission shall not bear any costs related to a state

that is found to be in default or that has been terminated from the

Compact, unless agreed upon in writing between the Commission and

the defaulting state.

6. The defaulting state may appeal the action of the Commission

by petitioning the United States District Court for the District of

Columbia or the federal district where the Commission has its

principal offices. The prevailing member shall be awarded all costs

of such litigation, including reasonable attorney fees.

C. Dispute Resolution

1. Upon request by a member state, the Commission shall attempt

to resolve disputes related to the Compact that arise among member

states and between member and nonmember states.

2. The Commission shall promulgate a rule providing for both

mediation and binding dispute resolution for disputes as

appropriate.

D. Enforcement

1. The Commission, in the reasonable exercise of its

discretion, shall enforce the provisions and rules of this Compact.

2. By majority vote, the Commission may initiate legal action

in the United States District Court for the District of Columbia or

the federal district where the Commission has its principal offices

against a member state in default to enforce compliance with the

provisions of the Compact and its promulgated rules and bylaws. The

relief sought may include both injunctive relief and damages. In

the event judicial enforcement is necessary, the prevailing member

shall be awarded all costs of such litigation, including reasonable

attorney fees.

3. The remedies herein shall not be the exclusive remedies of

the Commission. The Commission may pursue any other remedies

available under federal or state law.
Okla. Stat. tit. 63, § 63-6803 — OK Code / Title 63 / Section 63-6803
Preemption
Status: in_force

The Catastrophic Health Emergency Powers Act does not explicitly

preempt other laws or rules that preserve to a greater degree the

powers of the Governor or public health authority, provided the laws

Oklahoma Statutes - Title 63. Public Health and Safety Page 1777

or rules are consistent, and do not otherwise restrict or interfere,

with the operation or enforcement of the provisions of the

Catastrophic Health Emergency Powers Act.
Okla. Stat. tit. 63, § 63-2-510 — OK Code / Title 63 / Section 63-2-510
Defenses - Descriptions
Status: in_force

A. An exemption or exception set forth in this act shall

constitute an affirmative defense. Such affirmative defense shall

Oklahoma Statutes - Title 63. Public Health and Safety Page 1044

be in accordance with the presentation of an alibi defense

prescribed in Section 585 of Title 22 of the Oklahoma Statutes.

B. In any prosecution for a violation of any of the provisions

of this act relating to a controlled dangerous substance named in

any of the schedules set out in the act, it shall be sufficient in

any indictment or information to allege a general description of the

controlled dangerous substance and the schedule wherein listed

without other specific description. Upon a trial under such

indictment or information, it shall be sufficient to prove that the

controlled dangerous substance is one listed within a particular

schedule without further identification.
Okla. Stat. tit. 63, § 63-1-539.13 — OK Code / Title 63 / Section 63-1-539.13
Verbal report of passive exposure prior to testing
Status: in_force

A. The first responder or volunteer first responder subject to

drug testing shall verbally report, to the first responder's agency

or private employer prior to testing, any specific known potential

passive exposure to any controlled dangerous drug that has occurred

in the previous fourteen (14) days while responding to an emergency.

B. In the event of a positive drug test, the medical review

officer shall be provided with documentation of the verbal report

and a subsequent written report provided by the responding agency in

order to rule out passive exposure.
Okla. Stat. tit. 63, § 63-97 — OK Code / Title 63 / Section 63-97
Cremation of bodies after scientific study completed
Status: in_force

After the institutions within the State of Oklahoma to whom the

bodies have been distributed have completed the scientific study of

the bodies, the remains thereof shall in every case be returned to

the Anatomical Board for final disposition by cremation. Bodies

sent to other states shall be individually cremated in that state.

The cremains shall be returned to the agent issuing the body.
Okla. Stat. tit. 63, § 63-1-746.9 — OK Code / Title 63 / Section 63-1-746.9
Anonymity in court proceedings
Status: in_force

In every civil or criminal proceeding or action brought under

this act, the court shall rule whether the anonymity of any female

upon whom an abortion has been performed or attempted shall be

preserved from public disclosure if she does not give her consent to

such disclosure. The court, upon motion or sua sponte, shall make

such a ruling and, upon determining that her anonymity should be

preserved, shall issue orders to the parties, witnesses, and counsel

and shall direct the sealing of the record and exclusion of

individuals from courtrooms or hearing rooms to the extent necessary

to safeguard her identity from public disclosure. Each such order

shall be accompanied by specific written findings explaining why the

anonymity of the female should be preserved from public disclosure,

why the order is essential to that end, how the order is narrowly

tailored to serve that interest, and why no reasonable less-

restrictive alternative exists. In the absence of written consent

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

anyone, other than a public official, who brings an action under

Section 8 of this act shall do so under a pseudonym. This section

may not be construed to conceal the identity of the plaintiff or of

witnesses from the defendant.
Okla. Stat. tit. 63, § 63-1-879.2b — OK Code / Title 63 / Section 63-1-879.2b
Definitions
Status: in_force

As used in the Alzheimer's Dementia and Other Forms of Dementia

Special Care Disclosure Act:

1. "Special care" means care that is provided to persons with a

diagnosis of probable Alzheimer's dementia or other forms of

dementia by an entity that provides such care;

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

3. "Dementia" means the impaired ability to remember, think, or

make decisions that interferes with a person's everyday activities;

and

4. "Alzheimer-Dementia Disclosure Act Advisory Council" shall

mean the advisory council created in Section 3 of this act.
Okla. Stat. tit. 63, § 63-2-512 — OK Code / Title 63 / Section 63-2-512
Drug Eradication and Enforcement Plan Revolving Fund –
Status: in_force

Creation - Use of funds.

There is hereby created in the State Treasury a revolving fund

to be known as the Drug Eradication and Enforcement Plan Revolving

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

year limitations, and shall consist of any monies appropriated or

transferred to the fund and any monies contributed to the fund from

any other source. All monies accruing to the credit of such fund

are hereby appropriated and may be budgeted and expended for the

purpose of providing grants to district attorneys' offices,

sheriffs' offices and municipal police departments. The grants

shall be used for eradication of illegal drugs and enforcement of

drug laws. Allowable expenditure of the grants shall include, but

shall not be limited to, the following purposes:

1. Purchase of equipment;

2. Purchase of drug-sniffing dogs;

3. Matching federal grants or funds;

4. Funding advanced training programs;

5. Funding drug education and awareness programs; and

6. Funding drug courts.

Expenditures from such fund shall be made upon warrants issued by

the State Treasurer against claims signed by an authorized state

Oklahoma Statutes - Title 63. Public Health and Safety Page 1045

employee and filed as prescribed by law with the Director of the

Office of Management and Enterprise Services for approval and

payment.
Okla. Stat. tit. 63, § 63-1-1412 — OK Code / Title 63 / Section 63-1-1412
Advertisements - False or misleading
Status: in_force

(a) An advertisement of a drug, device, or cosmetic shall be

deemed to be false if it is false or misleading in any particular.

(b) For the purposes of this article, the advertisement of a

drug or device representing it to have any effect in albuminuria,

appendicitis, arteriosclerosis, blood poison, bone disease, Bright's

disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria,

dropsy, erysipelas, gallstone, heart and vascular diseases, high

Oklahoma Statutes - Title 63. Public Health and Safety Page 616

blood pressure, mastoiditis, measles, meningitis, mumps, nephritis,

otitis media, paralysis, pneumonia, poliomyelitis (infantile

paralysis), prostate gland disorders, pyelitis, scarlet fever,

sexual impotence, sinus infection, smallpox, tuberculosis, tumors,

typhoid, uremia, or sexually transmitted infection (STI) shall also

be deemed to be false, except that no advertisement not in violation

of subsection (a) of this section shall be deemed to be false under

this subsection if it is disseminated only to members of the

medical, dental, or veterinary professions, or appears only in

scientific periodicals of those professions, or is disseminated only

for the purpose of public health education by persons not

commercially interested, directly or indirectly, in the sale of

drugs or devices; provided, that whenever the State Commissioner of

Health determines that an advance in medical science has made any

type of self-medication safe as to any of the diseases named above,

the State Board of Health shall by regulation authorize the

advertisement of drugs having curative or therapeutic effect for

such disease, subject to such conditions and restrictions as the

Board and the Commissioner may deem necessary in the interests of

public health; provided, that this subsection shall not be construed

as indicating that self-medication for disease other than those

named herein is safe or efficacious.
Okla. Stat. tit. 63, § 63-3111.8 — OK Code / Title 63 / Section 63-3111.8
Immunity
Status: in_force

A. A health care provider or facility acting in good faith and

in accordance with generally accepted health care standards

applicable to the health care provider or facility shall not be

subject to civil or criminal liability or to discipline for

unprofessional conduct for:

1. Complying with a health care decision of a person apparently

having authority to make a health care decision for a patient;

2. Declining to comply with a health care decision of a person

based on a belief that the person then lacked authority; or

3. Complying with a power of attorney for health care and

assuming that the designation was valid when made and has not been

revoked or terminated.

B. An individual acting as agent under this act shall not be

subject to civil or criminal liability or to discipline for

unprofessional conduct for health care decisions made in good faith.
Okla. Stat. tit. 63, § 63-122.1 — OK Code / Title 63 / Section 63-122.1
Short title
Status: in_force

The provisions of this part shall be known and may be cited as

the "Oklahoma Explosives and Blasting Regulation Act".
Okla. Stat. tit. 63, § 63-2412 — OK Code / Title 63 / Section 63-2412
Notice of necessity of interpreter - Proof of hearing
Status: in_force

loss.

Every deaf or hard-of-hearing person whose appearance in any

proceeding entitles that person to a qualified legal interpreter

shall make a good faith effort to notify the appointing authority of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1393

the desire of the person for an interpreter. An appointing

authority may require a person requesting the appointment of an

interpreter to furnish reasonable proof of hearing loss when the

appointing authority has reason to believe that the person does not

have a hearing loss.
Okla. Stat. tit. 63, § 63-1-1914.12 — OK Code / Title 63 / Section 63-1-1914.12
Alternative informal dispute resolution
Status: in_force

Upon written request, a long-term care facility may choose to

participate in an informal dispute resolution panel to be offered by

the State Department of Health as an alternative to the informal

dispute resolution process outlined in Sections 1-1914.3 through 1-

1914.10 of this title.
Okla. Stat. tit. 63, § 63-1-114.1 — OK Code / Title 63 / Section 63-1-114.1
Comprehensive Childhood Lead Poisoning Prevention
Status: in_force

Program.

A. There is hereby established the Comprehensive Childhood Lead

Poisoning Prevention Program to be administered by the State

Department of Health.

B. The State Board of Health, giving consideration to the

recommendations of the Infant and Children's Health Advisory Council

created in Section 44 of this act, shall promulgate rules for:

Oklahoma Statutes - Title 63. Public Health and Safety Page 88

1. Lead toxicity screening of children ages six (6) months to

seventy-two (72) months;

2. The performance of verbal risk assessments on children ages

six (6) months to seventy-two (72) months;

3. The performance of blood lead tests when screening eligible

children for lead poisoning, provided that screening and testing for

Medicaid-eligible children shall be conducted in accordance with

existing federal law;

4. Setting standards for any developmental assessments for a

child identified as being lead poisoned;

5. Identifying as statewide screening requirements the minimum

laboratory tests or analysis for childhood lead poisoning to be

performed by medical providers for particular age or population

groups;

6. The determination of risk for each child tested;

7. Detailing the diagnosis, treatment and follow-up services

needed pursuant to the provisions of this act;

8. Providing for health education and counseling related to

childhood lead poisoning to parents and children; and

9. Assessments and lead hazard control as part of the treatment

and follow-up for a child identified as being lead poisoned.
Okla. Stat. tit. 63, § 63-1-1914.4 — OK Code / Title 63 / Section 63-1-1914.4
Definitions
Status: in_force

For purposes of this act:

1. "Deficiency" means a violation or alleged violation by a

facility of applicable state or federal laws, rules, or regulations

governing the operation or licensure of a facility;

2. "Deficiency identification number" means an alphanumeric

designation of a deficiency by the State Department of Health that

denotes the applicable state or federal rule, regulation, or law

allegedly violated and that is used on the statement of

deficiencies;

3. "Impartial decision maker" means an individual employed by

or under contract with the State Department of Health to conduct an

informal dispute resolution for the agency;

4. "Informal dispute resolution" means a nonjudicial process or

forum before an impartial decision maker that provides a facility

cited for deficiency with the opportunity to dispute a citation for

deficiency;

5. "Party" means a facility requesting an informal dispute

resolution, the State Department of Health, or both;

6. "State survey agency" means the State Department of Health,

the federally designated state entity that performs Medicaid and

Medicare surveys and inspections of Oklahoma facilities; and

7. "Statement of deficiencies" means a statement prepared by

the State Department of Health citing the applicable state or

federal laws, rules, or regulations violated by a facility and the

facts supporting the citation.
Okla. Stat. tit. 63, § 63-1-566 — OK Code / Title 63 / Section 63-1-566
Exceptions to licensure requirement
Status: in_force

The following persons may engage in the practice of genetic

counseling, subject to the stated circumstances and limitations,

without being licensed under the provisions of this act:

1. Professionals licensed, certified or registered in this

state other than as a genetic counselor who engage in the competent

practice of that occupation or profession without additional

licensure under this title. The individual may not use the title

“genetic counselor” or any other title tending to indicate that the

individual is a genetic counselor unless licensed as such in this

state; provided, however, this provision shall not apply to

physicians licensed in this state who have appropriate training in

medical genetics;

2. A student or intern from a recognized school, engaged in

activities constituting the practice of a regulated occupation or

profession; provided, however, such activities shall be a defined

part of a supervised training program;

3. An individual trained as a genetic counselor, who is

reapplying for the American Board of Genetic Counseling

certification examination and gathering logbook cases under

supervision in an approved genetic counseling training site;

4. An individual trained as a Ph.D. medical geneticist, who is

reapplying for the American Board of Medical Genetics certification

Oklahoma Statutes - Title 63. Public Health and Safety Page 257

examination and is gathering logbook cases under a supervisor

identified in the training program’s ABMG accreditation documents as

a member of the training faculty; and

5. A consultant, including activities and services of visiting

ABGC- or ABMG-certified genetic counselors from outside this state,

or the use of occasional services of organizations from outside the

state employing ABGC- or ABMG-certified genetic counselors.
Okla. Stat. tit. 63, § 63-1-731.3 — OK Code / Title 63 / Section 63-1-731.3
Detectable heartbeat – Abortion prohibited
Status: in_force

A. No person shall perform or induce an abortion upon a

pregnant woman without first detecting whether or not her unborn

child has a heartbeat. No person shall perform or induce an

abortion upon a pregnant woman after such time as her unborn child

has been determined to have a detectable heartbeat except if, in

reasonable medical judgment, she has a condition that so complicates

her medical condition that it necessitates the abortion of her

pregnancy to avert her death or to avert serious risk of substantial

and irreversible physical impairment of a major bodily function, not

Oklahoma Statutes - Title 63. Public Health and Safety Page 310

including psychological or emotional conditions. No such condition

may be determined to exist if it is based on a claim or diagnosis

that the woman will engage in conduct which she intends to result in

her death or in substantial and irreversible physical impairment of

a major bodily function.

B. A "detectable heartbeat" shall mean embryonic or fetal

cardiac activity or the steady or repetitive rhythmic contract of

the heart within the gestational sac.

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

would be made by a reasonably prudent physician, knowledgeable about

the case and the treatment possibilities with respect to the medical

conditions involved.

D. Any person violating subsection A of this section shall be

guilty of homicide.
Okla. Stat. tit. 63, § 63-3250.5 — OK Code / Title 63 / Section 63-3250.5
Members and officers of community hospital public trust
Status: in_force

authority – Residency – Bond.

A. Each member of a community hospital public trust authority

shall be a resident of the state and a registered voter.

B. The members of the community hospital public trust authority

shall serve without compensation but may be reimbursed for all

reasonable and actual and necessary travel expenses incurred in the

performance of their duties in accordance with the provisions of the

State Travel Reimbursement Act.

C. Each officer handling funds of the public trust shall

furnish a good and sufficient fidelity bond in an amount and with

surety as may be specified by the Oklahoma Central Purchasing Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1572

The cost of the bond shall be paid from funds of the community

hospital public trust authority.Oklahoma Statutes - Title 63. Public Health and Safety Page 53
Okla. Stat. tit. 63, § 63-1-2009.1 — OK Code / Title 63 / Section 63-1-2009.1
Renumbered as § 2-7-108 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-872 — OK Code / Title 63 / Section 63-1-872
Definitions
Status: in_force

As used in the Adult Day Care Act:

1. “Adult day care center” or “center” means a facility which

provides basic day care services to unrelated impaired adults for

more than four (4) hours in a twenty-four-hour period. A center

shall be a distinct entity, either freestanding or a separate

program of a larger organization. A center shall have a separately

verifiable staff, space, budget and participant record system. The

terms adult day care center or center shall not include retirement

centers, senior citizen centers, or PACE organizations as defined by

42 C.F.R., Section 460.6;

2. “Basic day care services” means supervised health, social

supportive, and recreational services in a structured daytime

program which serves functionally impaired adults who continue to

live in their own homes, usually with the aid of family caregivers;

3. “Department” means the State Department of Health; and

4. “Participant” means any person attending an adult day care

center.
Okla. Stat. tit. 63, § 63-2061 — OK Code / Title 63 / Section 63-2061
Short title – Oklahoma Certified Healthy Schools Act
Status: in_force

A. This section shall be known and may be cited as the

"Oklahoma Certified Healthy Schools Act".

B. The State Department of Health shall establish and maintain

a program for the voluntary certification of schools that promotes

wellness, encourages the adoption of healthy behaviors, and

establishes safe and supportive environments.

C. The program shall recognize three levels of certification as

follows:

1. Basic certification;

2. Merit certification; and

3. Excellence certification.

D. The Department shall develop criteria for certification,

which, at a minimum, may include the following for each level of

certification:

1. Basic certification: The school shall meet at least two

criteria in each of the components of the Center for Disease Control

and Prevention's Coordinated School Health Program model;

2. Merit certification: The school shall meet at least three

criteria in each of the components of the Center for Disease Control

and Prevention's Coordinated School Health Program model; and

3. Excellence certification: The school shall meet at least

four criteria in each of the components of the Center for Disease

Control and Prevention's Coordinated School Health Program model.

E. Subject to available funding specifically appropriated for

this purpose, the Department may provide a monetary reward to

schools that earn certification as follows:

Oklahoma Statutes - Title 63. Public Health and Safety Page 1338

1. Basic certification: Two Thousand Five Hundred Dollars

($2,500.00);

2. Merit certification: Five Thousand Dollars ($5,000.00); and

3. Excellence certification: Ten Thousand Dollars

($10,000.00).

F. Schools that obtain a reward pursuant to subsection E of

this section shall use the funds for the enhancement of wellness

activities and the promotion of healthy environments. Such

activities may include, but are not limited to:

1. Improving playgrounds;

2. Purchasing sports equipment; and

3. Equipping school kitchens for healthy cooking.

G. The Department shall develop an online application form for

schools seeking to become an Oklahoma Certified Healthy School.

H. The State Board of Health, giving consideration to the

recommendations of the Advancement of Wellness Advisory Council

created in Section 44 of this act, may promulgate rules as necessary

to implement the provisions of this section.
Okla. Stat. tit. 63, § 63-1-2554 — OK Code / Title 63 / Section 63-1-2554
Article V — Conditions of practice in a remote state
Status: in_force

ARTICLE V

Conditions of Practice in a Remote State

An individual may practice in a remote state under a privilege

to practice only in the performance of the individual's EMS duties

as assigned by an appropriate authority, as defined in the rules of

the Commission, and under the following circumstances:

Oklahoma Statutes - Title 63. Public Health and Safety Page 851

1. The individual originates a patient transport in a home

state and transports the patient to a remote state;

2. The individual originates in the home state and enters a

remote state to pick up a patient and provide care and transport of

the patient to the home state;

3. The individual enters a remote state to provide patient care

and/or transport within that remote state;

4. The individual enters a remote state to pick up a patient

and provide care and transport to a third member state; or

5. Other conditions as determined by rules promulgated by the

Commission.
Okla. Stat. tit. 63, § 63-1-738.3d — OK Code / Title 63 / Section 63-1-738.3d
Ultrasound required prior to procedure - Written
Status: in_force

certification - Medical emergency exception.

A. Any abortion provider who knowingly performs any abortion

shall comply with the requirements of this section.

B. In order for the woman to make an informed decision, at

least one (1) hour prior to a woman having any part of an abortion

performed or induced, and prior to the administration of any

anesthesia or medication in preparation for the abortion on the

woman, the physician who is to perform or induce the abortion, or

the certified technician working in conjunction with the physician,

shall:

1. Perform an obstetric ultrasound on the pregnant woman, using

either a vaginal transducer or an abdominal transducer, whichever

would display the embryo or fetus more clearly;

2. Provide a simultaneous explanation of what the ultrasound is

depicting;

Oklahoma Statutes - Title 63. Public Health and Safety Page 329

3. Display the ultrasound images so that the pregnant woman may

view them;

4. Provide a medical description of the ultrasound images,

which shall include the dimensions of the embryo or fetus, the

presence of cardiac activity, if present and viewable, and the

presence of external members and internal organs, if present and

viewable; and

5. Obtain a written certification from the woman, prior to the

abortion, that the requirements of this subsection have been

complied with; and

6. Retain a copy of the written certification prescribed by

paragraph 5 of this subsection. The certification shall be placed

in the medical file of the woman and shall be kept by the abortion

provider for a period of not less than seven (7) years. If the

woman is a minor, then the certification shall be placed in the

medical file of the minor and kept for at least seven (7) years or

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

whichever is greater.

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

pregnant woman from averting her eyes from the ultrasound images

required to be provided to and reviewed with her. Neither the

physician nor the pregnant woman shall be subject to any penalty if

she refuses to look at the presented ultrasound images.

D. Upon a determination by an abortion provider that a medical

emergency, as defined in Section 1 of this act, exists with respect

to a pregnant woman, subsection B of this section shall not apply

and the provider shall certify in writing the specific medical

conditions that constitute the emergency. The certification shall

be placed in the medical file of the woman and shall be kept by the

abortion provider for a period of not less than seven (7) years. If

the woman is a minor, then the certification shall be placed in the

medical file of the minor and kept for at least seven (7) years or

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

whichever is greater.

E. An abortion provider who willfully falsifies a certification

under subsection D of this section shall be subject to all penalties

provided for under Section 3 of this act.
Okla. Stat. tit. 63, § 63-1-2510 — OK Code / Title 63 / Section 63-1-2510
Division of Emergency Medical Services created
Status: in_force

There is hereby created within the State Department of Health

the Division of Emergency Medical Services, for the operation of an

Oklahoma Emergency Medical Services Program.

Oklahoma Statutes - Title 63. Public Health and Safety Page 834
Okla. Stat. tit. 63, § 63-1-704 — OK Code / Title 63 / Section 63-1-704
Licenses - Fees - Duration - Posting
Status: in_force

A. 1. The application by any person for a license to operate a

hospital within the meaning of Section 1-701 et seq. of this title

shall be accompanied by a fee to be determined by the number of beds

available for patients, to be established by the State Commissioner

of Health, but not to exceed Ten Dollars ($10.00) for each bed

included in the maximum bed capacity at such facility.

2. For the purpose of determining the fee, the total number of

beds shall include cribs and bassinets.

B. No such fee shall be refunded unless licensure is refused.

All licenses shall be for a period of twelve (12) months from the

date of issue. Provided that licenses may be issued for a period of

more than twelve (12) months, but not more than twenty-four (24)

months, for the license period immediately following the enactment

of this provision in order to permit an equitable distribution of

license expiration dates to all months of the year.

Oklahoma Statutes - Title 63. Public Health and Safety Page 268

C. Fees for such extended licensure period shall be prorated

according to the total months to be licensed, with such amounts to

be calculated to the nearest dollar.

D. All licenses:

1. Shall be on a form prescribed by the Commissioner and shall

not be transferable or assignable;

2. Shall be issued only for the premises named in the

application;

3. Shall be posted in a conspicuous place on the licensed

premises; and

4. May be renewed for twelve-month periods upon application,

investigation and payment of license fee, as in the case of

procurement of an original license.

E. The Commissioner shall review current law and rules

promulgated by the Commissioner that mandate that a hospital post a

notice, poster or sign in public spaces. The purpose of this review

shall be to coordinate the placement, format and language required

in mandatory signage. All signage shall be reviewed for the

following:

1. Duplication of information;

2. Reduce the potential for confusion to patients, families of

patients and others; and

3. Administrative burden of compliance.
Okla. Stat. tit. 63, § 63-7100.7 — OK Code / Title 63 / Section 63-7100.7
Information exchange not a violation or waiver of
Status: in_force

privilege protected by law.

The exchange of health information under the authorization form

adopted and distributed by the State Board of Health shall not be

deemed to have violated or waived any privilege protected under the

statutory or common law of this state.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1781
Okla. Stat. tit. 63, § 63-1-2001.1 — OK Code / Title 63 / Section 63-1-2001.1
Renumbered as § 2-7-102 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-3114 — OK Code / Title 63 / Section 63-3114
Notification by hospital to lay caregiver
Status: in_force

If a patient has designated a lay caregiver, a hospital shall

notify the patient's designated lay caregiver of the patient's

discharge to the patient's residence or transfer to another licensed

facility as soon as practicable. In the event the hospital is

unable to contact the designated lay caregiver, the lack of contact

shall not interfere with, delay or otherwise affect the medical care

provided to the patient, or an appropriate discharge of the patient.
Okla. Stat. tit. 63, § 63-1-852.1 — OK Code / Title 63 / Section 63-1-852.1
Fees - Maximum fee - Capital cost for acquisition -
Status: in_force

Request for exemption.

A. Each application for a new certificate of need applied for

pursuant to the provisions of Section 1-852 of this title, except

for those applications filed by state agencies, shall be accompanied

by an application fee of Three Thousand Dollars ($3,000.00).

B. The maximum filing fee on an application for replacement of

an existing facility shall be One Thousand Dollars ($1,000.00).

C. 1. The maximum filing fee on an application for an

acquisition shall be Five Thousand Dollars ($5,000.00).

2. The capital cost for acquisition shall be the current book

value of the facility as shown by a recognized method or basis of

accounting as attested by a Certified Public Accountant.

D. If an application for a certificate of need is not approved,

the Department shall refund the application fee in full.

E. Each request for exemption from certificate of need

requirements submitted under Section 1-852 of this title, except for

a request filed by a state agency, shall be accompanied by a fee of

One Hundred Dollars ($100.00).
Okla. Stat. tit. 63, § 63-1-505 — OK Code / Title 63 / Section 63-1-505
Removal of diseased persons authorized
Status: in_force

A local health officer may cause any person in his jurisdiction,

found to be infected with a communicable disease, to be removed to a

hospital or other place for the reception of infected persons,

unless such person be sick in his own place of residence or cannot

be moved without danger to his life.
Okla. Stat. tit. 63, § 63-1-327 — OK Code / Title 63 / Section 63-1-327
Information concerning birth or death
Status: in_force

Any person having knowledge of the facts may furnish such

information as he shall possess regarding any birth, death, or fetal

death, upon request of the State Commissioner of Health.
Okla. Stat. tit. 63, § 63-1-1016A — OK Code / Title 63 / Section 63-1-1016A
Procedure for use of public restrooms
Status: in_force

All restrooms located within buildings in the State of Oklahoma

built with public funds and which are accessible from corridors

intended for general public travel, and which are constructed for

public use, shall be available to the general public for their

inspection and use, unless public restrooms are available on the

same floor of said building. Said public restrooms shall be clearly

labeled by signs designating the same as public restrooms. The

provisions of this act shall not apply to public buildings used as

educational institutions.
Okla. Stat. tit. 63, § 63-1-132.1 — OK Code / Title 63 / Section 63-1-132.1
Office of the State Coordinator for Health Information
Status: in_force

Exchange.

A. There is hereby created the Office of the State Coordinator

for Health Information Exchange within the Oklahoma Health Care

Authority.

B. The Office shall have the power and duty to oversee the

state-designated entity for health information exchange, as

described under Section 1-133 of Title 63 of the Oklahoma Statutes.

C. The Office shall consist of the State Coordinator for Health

Information Exchange, who shall be appointed by and serve at the

pleasure of the Administrator of the Authority, and such other

employees of the Authority as the Administrator may assign to the

Office.
Okla. Stat. tit. 63, § 63-2200.7A — OK Code / Title 63 / Section 63-2200.7A
Refusal to make anatomical gift - Effect of refusal
Status: in_force

A. An individual may refuse to make an anatomical gift of the

individual’s body or part by:

1. A record signed by:

a. the individual, or

b. subject to subsection B of this section, another

individual acting at the direction of the individual

if the individual is physically unable to sign;

2. The individual’s will, whether or not the will is admitted

to probate or invalidated after the individual’s death; or

3. Any form of communication made by the individual during the

individual’s terminal illness or injury addressed to at least two

adults, at least one of whom is a disinterested witness.

B. A record signed pursuant to subparagraph b of paragraph 1 of

subsection A of this section must:

1. Be witnessed by at least two adults, at least one of whom is

a disinterested witness, who have signed at the request of the

individual; and

2. State that it has been signed and witnessed as provided in

paragraph 1 of this subsection.

C. An individual who has made a refusal may amend or revoke the

refusal:

1. In the manner provided in subsection A of this section for

making a refusal;

2. By subsequently making an anatomical gift pursuant to

Section 4 of this act that is inconsistent with the refusal; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1355

3. By destroying or canceling the record evidencing the

refusal, or the portion of the record used to make the refusal, with

the intent to revoke the refusal.

D. Except as otherwise provided in subsection H of Section 8 of

this act, in the absence of an express, contrary indication by the

individual set forth in the refusal, an individual’s unrevoked

refusal to make an anatomical gift of the individual’s body or part

bars all other persons from making an anatomical gift of the

individual’s body or part.
Okla. Stat. tit. 63, § 63-2-206 — OK Code / Title 63 / Section 63-2-206
Schedule II
Status: in_force

The controlled substances listed in this section are included in

Schedule II and include any material, compound, mixture or

preparation that contains any quantity of the following

hallucinogenic substances, their salts, isomers and salts of

isomers, unless specifically excepted, when the existence of these

salts, isomers and salts of isomers is possible within the specific

chemical designation.

A. Any of the following substances except those narcotic drugs

listed in other schedules whether produced directly or indirectly by

extraction from substances of vegetable origin, or independently by

means of chemical synthesis, or by combination of extraction and

chemical synthesis:

1. Opium and opiate, and any salt, compound, derivative, or

preparation of opium or opiate;

2. Any salt, compound, isomer, derivative, or preparation

thereof which is chemically equivalent or identical with any of the

substances referred to in paragraph 1 of this subsection, but not

including the isoquinoline alkaloids of opium;

3. Opium poppy and poppy straw; or

4. Coca leaves except coca leaves and extracts of coca leaves

from which cocaine, ecgonine, and derivatives of ecgonine or their

salts have been removed; cocaine, its salts, optical and geometric

isomers, and salts of isomers; ecgonine, its derivatives, their

salts, isomers and salts of isomers; or any compound, mixture or

preparation which contains any quantity of any of the substances

referred to in this paragraph. Ioflupane is excluded from this

paragraph.

B. Any of the following opiates, including their isomers,

esters, ethers, salts, and salts of isomers, esters and ethers, when

the existence of these isomers, esters, ethers, and salts is

possible within the specific chemical designation:

1. Alphaprodine;

2. Anileridine;

3. Bezitramide;

4. Dihydrocodeine;

5. Diphenoxylate;

6. Fentanyl;

7. Hydromorphone;

8. Isomethadone;

9. Levomethorphan;

Oklahoma Statutes - Title 63. Public Health and Safety Page 922

10. Levorphanol;

11. Metazocine;

12. Methadone;

13. Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-

diphenyl butane;

14. Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-

diphenyl-propane-carboxylic acid;

15. Oxycodone;

16. Oxymorphone;

17. Pethidine (Meperidine);

18. Pethidine - Intermediate - A, 4-cyano-1-methyl-4-

phenylpiperidine;

19. Pethidine - Intermediate - B, ethyl-4-phenylpiperidine-4-

carboxylate;

20. Pethidine - Intermediate - C, 1-methyl-4-phenylpiperidine-

4-carboxylic acid;

21. Phenazocine;

22. Piminodine;

23. Racemethorphan;

24. Racemorphan;

25. Etorphine Hydrochloride salt only;

26. Alfentanil hydrochloride;

27. Levo-alphacetylmethadol;

28. Codeine;

29. Hydrocodone;

30. Morphine;

31. Remifentanil;

32. Sufentanil;

33. Tapentadol; or

34. Tianeptine.

C. Any substance which contains any quantity of:

1. Methamphetamine, including its salts, isomers, and salts of

isomers;

2. Amphetamine, its salts, optical isomers, and salts of its

optical isomers;

3. Nabilone; or

4. Lisdexamfetamine.

D. Unless specifically excepted or unless listed in another

schedule, any material, compound, mixture, or preparation, which

contains any quantity of the following substances having stimulant

or depressant effect on the central nervous system:

1. Phenmetrazine and its salts;

2. Methylphenidate, including its salts, isomers and salts of

isomers;

3. Amobarbital;

4. Pentobarbital;

5. Secobarbital; or

Oklahoma Statutes - Title 63. Public Health and Safety Page 923

6. Ethylphenidate.
Okla. Stat. tit. 63, § 63-1-828 — OK Code / Title 63 / Section 63-1-828
Fire safety inspections - Fire safety rules and
Status: in_force

regulations.

The State Fire Marshal or a designee shall conduct fire safety

inspections on a regular basis at residential care homes and report

any findings from the inspections to the State Department of Health.

In addition, the State Fire Marshal shall develop, adopt, and

promulgate rules, or specifications consistent with nationally

recognized standards or practices necessary for the safeguarding of

life and property of residents of residential care homes from the

hazards of fire and smoke.
Okla. Stat. tit. 63, § 63-682.1 — OK Code / Title 63 / Section 63-682.1
Vaccination program for first responders
Status: in_force

A. As used in this section:

1. “Department” means the State Department of Health,

Bioterrorism Division;

2. “Director” means the Commissioner of Health;

3. “Bioterrorism” means the intentional use of any

microorganism, virus, infectious substance or biological product

that may be engineered as a result of biotechnology or any naturally

occurring or bioengineered component of any microorganism, virus,

infectious substance or biological product, to cause or attempt to

cause death, disease or other biological malfunction in any living

organism;

4. “Disaster locations” means any geographical location where a

bioterrorism attack, terrorist attack, catastrophic or natural

disaster or emergency occurs; and

5. “First responders” means state and local law enforcement

personnel, fire department personnel and emergency medical personnel

who will be deployed to bioterrorism attacks, terrorist attacks,

catastrophic or natural disasters and emergencies.

B. The Department shall offer a vaccination program for first

responders who may be exposed to infectious diseases when deployed

to disaster locations. The vaccinations shall include, but are not

limited to, hepatitis B vaccination, diphtheria-tetanus vaccination,

influenza vaccination, and other vaccinations when recommended by

the United States Public Health Service and in accordance with

Federal Emergency Management Directors Policy. Immune globulin will

be made available when necessary.

C. Participation in the vaccination program will be voluntary

by the first responders, except for first responders who are

classified as having “occupational exposure” to bloodborne pathogens

as defined by the Occupational Safety and Health Administration

Standard contained at 29 CFR 1910.1030. First responders who are

classified as having “occupational exposure” to bloodborne pathogens

shall be required to take the designated vaccinations.

D. A first responder shall be exempt from vaccinations when a

written statement from a licensed physician is presented indicating

that a vaccine is medically contraindicated for that person or the

first responder signs a written statement that the administration of

a vaccination conflicts with their religious tenets.

E. In the event of a vaccine shortage, the Director, in

consultation with the Governor and the Centers for Disease Control

and Prevention, shall give priority for vaccination to first

responders.

F. The Department shall notify first responders of the

availability of the vaccination program and shall provide

Oklahoma Statutes - Title 63. Public Health and Safety Page 1219

educational materials on ways to prevent exposure to infectious

diseases.

G. The Department may contract with county and local health

departments, not-for-profit home health care agencies, hospitals and

physicians to administer a vaccination program for first responders.

H. This section shall be effective upon receipt of federal

funding and/or federal grants for administering a first responders

vaccination program. Upon receipt of such funding, the Department

shall make available the vaccines to first responders as provided in

this section. If federal funds for these vaccines cease, the state

shall not be liable for the continuation or cost of vaccines.
Okla. Stat. tit. 63, § 63-683.35 — OK Code / Title 63 / Section 63-683.35
Short title - Oklahoma First Informer Broadcasters Act
Status: in_force

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

Informer Broadcasters Act".
Okla. Stat. tit. 63, § 63-1-1944 — OK Code / Title 63 / Section 63-1-1944
Short title
Status: in_force

Sections 2 through 6 of this act shall be known and may be cited

as the “Long-term Care Security Act”.
Okla. Stat. tit. 63, § 63-702 — OK Code / Title 63 / Section 63-702
Ammunition
Status: in_force

The only type of ammunition which shall be lawful for use in

shooting galleries shall be twenty-two (22) caliber shorts.
Okla. Stat. tit. 63, § 63-2871 — OK Code / Title 63 / Section 63-2871
Short title — Regional Emergency 9-1-1 Services Act —
Status: in_force

Purpose — Regional emergency communication districts.

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

Emergency 9-1-1 Services Act”.

B. It is the purpose of the Regional Emergency 9-1-1 Services

Act to encourage formation of emergency communication districts in

order to provide efficient delivery of emergency 9-1-1 service

throughout the state.

C. The Regional Emergency 9-1-1 Services Act shall not apply to

any 9-1-1 system or public agency participating in a 9-1-1 system

that was established prior to January 1, 2017, and that had adopted

Phase II 9-1-1 service by that date.

D. A new public safety answering point shall not be established

after July 1, 2024, unless the new public safety answering point is

established as a result of:

1. A consolidation with an existing public safety answering

point; or

2. A replacement of an existing public safety answering point.

E. For the purposes of this section:

1. “District” means an emergency communication district;

2. “Emergency communication district” means a district formed

pursuant to the Regional Emergency 9-1-1 Services Act to deliver

emergency 9-1-1 services on a regional basis;

3. “9-1-1 system” means an entity that processes emergency 9-1-

1 calls through a public safety answering point;

4. “Participating public agency” means a public agency that is

included in a district;

5. “Principal municipality” means the municipality with the

largest population in a district; and

6. “Public agency” means any city, town, county, municipal

corporation, public district, public trust, substate planning

district, public authority or tribal authority located within this

state which provides or has authority to provide firefighting, law

Oklahoma Statutes - Title 63. Public Health and Safety Page 1446

enforcement, ambulance, emergency medical or other emergency

services.

F. On or before December 31, 2017, all public agencies in this

state shall form regional emergency communication districts for the

purpose of creating an area-wide emergency 9-1-1 system for their

respective jurisdictions. The territory of the district shall be

coextensive with the territory of the regional substate planning

district unless a different territory is approved by the Oklahoma 9-

1-1 Management Authority. If a public agency is situated in more

than one such territory, it shall become part of the district in

which it is principally located. If, due to the effect of

subsection C of this section, the majority of the participating

public agencies located in the territory of a proposed district

determine that it would be in the best interests of their citizens,

they may request inclusion in an adjacent district.

G. The public agencies to be included in each district may form

the district by entering into local cooperative agreements which

shall establish a governance structure and provide for the joint

implementation, funding, operation, and management of the district.

H. If the public agencies in a region are unable to develop a

local cooperative agreement by December 31, 2017, they shall be

included in an emergency communication district that is governed by

a board of directors consisting of an appointee by each public

agency that was authorized by its voters to fund a 9-1-1 system

prior to the formation of the district, one appointee elected by a

majority of the remaining public agencies in the district, and an

additional appointee by the principal municipality in the district

who shall serve as chair of the board.

I. Unless otherwise provided by agreement, any participating

public agency that had been authorized by its voters to fund a 9-1-1

system prior to the formation of the district shall retain control

of the property, operation, and funding of its system; provided,

however, the district may contract with such participating public

agency to include the agency’s system in the district’s master

implementation plan. To the extent practicable, the district shall

not duplicate the equipment or answering point services already

provided by a participating public agency. A user of one or more

communication services subject to the payment of fees or taxes for

an emergency 9-1-1 system shall not be charged for more than one

such fee or tax for each service.

J. An emergency communication district shall have power to make

all contracts to carry out the purposes of the Regional Emergency 9-

1-1 Services Act, purchase and convey real property, impose service

fees authorized for public agencies for the provision of 9-1-1

service, appoint a manager of the district, and adopt rules and

policies for the operation of the district.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1447

K. Within one (1) year after the effective date of the

formation of the district, the board of directors shall submit its

master plan to deliver Phase II emergency 9-1-1 service throughout

its territory to the Oklahoma 9-1-1 Management Authority for

approval. The Authority shall have the power to prescribe the terms

of the plan and to approve or disapprove the master plan.

Additionally, the Authority shall have the power to request the Tax

Commission to escrow the wireless fees attributable to the public

agencies which have not submitted a master plan or which have not

complied with the terms of the master plan.

L. An emergency communication district shall operate on a

fiscal year beginning July 1. It shall adopt an annual budget and

cause to be prepared an independent financial audit annually. As

soon as practicable after the end of the fiscal year, the district

shall deliver to each participating public agency an annual report

showing in detail the operations of the district.
Okla. Stat. tit. 63, § 63-944.2 — OK Code / Title 63 / Section 63-944.2
Unconstitutional
Status: in_force

NOTE: Editorially renumbered from § 944.1 to avoid a duplication in

numbering.

NOTE: Section, derived from Laws 1985, c. 245, § 3, mandating

sharing of costs of operation by requiring a fee for autopsies

performed by State Medical Examiner, declared unconstitutional by

State ex rel, Jordan v. City of Bethany, Okl., 769 P.2d 164(1989).

Oklahoma Statutes - Title 63. Public Health and Safety Page 1291
Okla. Stat. tit. 63, § 63-2605 — OK Code / Title 63 / Section 63-2605
Providing of health care not mandatory
Status: in_force

Nothing in this act shall require any health professional to

provide health care nor shall any health professional be liable for

refusal to give health care.
Okla. Stat. tit. 63, § 63-1-745.37 — OK Code / Title 63 / Section 63-1-745.37
Construction of act
Status: in_force

This act shall not be construed to:

1. Create or recognize a right to abortion before a fetal

heartbeat is detected;

2. Authorize the initiation of a cause of action against or the

prosecution of a woman on whom an abortion is performed or induced

or attempted to be performed or induced in violation of this act;

3. Wholly or partly repeal, either expressly or by implication,

any other statute that regulates or prohibits abortion; or

4. Restrict a political subdivision from regulating or

prohibiting abortion in any manner.
Okla. Stat. tit. 63, § 63-1-1803 — OK Code / Title 63 / Section 63-1-1803
Renumbered as § 2-5-103 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-1016B — OK Code / Title 63 / Section 63-1-1016B
Penalty
Status: in_force

Every person who shall have control of a public restroom located

within a building built with public funds and who shall knowingly

violate this act shall be deemed guilty of a misdemeanor.
Okla. Stat. tit. 63, § 63-2866 — OK Code / Title 63 / Section 63-2866
Collection, payment, and distribution of fees by
Status: in_force

providers.

A. 9-1-1 telephone fees authorized and collected by providers,

pursuant to paragraphs 1 and 2 of subsection A of Section 2865 of

this title, from each of their end users residing in this state

shall be paid to the Oklahoma Tax Commission no later than the

twentieth day of the month succeeding the month of collection.

B. From the total fees collected pursuant to paragraphs 1 and 2

of subsection A of Section 2865 of this title, eight-tenths of one

percent (0.8%) shall be retained by the Tax Commission as

reimbursement for the direct cost of administering the collection

and remittance of the fees.

C. Every billed service subscriber shall be liable for any 9-1-

1 fee imposed pursuant to the Oklahoma 9-1-1 Management Authority

Act until the fee has been paid to the service provider.

D. Fees imposed pursuant to the Oklahoma 9-1-1 Management

Authority Act which are required to be collected by the provider may

be added to and shall be stated separately in any billings to the

service subscriber.

E. The provider shall have no obligation to take any legal

action to enforce the collection of any fee imposed pursuant to the

provisions of the Oklahoma 9-1-1 Management Authority Act. Should

any service subscriber tender a payment insufficient to satisfy all

charges, tariffs, fees and taxes for the service, the amount

tendered shall be credited to the 9-1-1 wireless telephone fee in

the same manner as other taxes and fees.

F. Any 9-1-1 fee imposed pursuant to the provisions of the

Oklahoma 9-1-1 Management Authority Act shall be collected insofar

as practicable at the same time as, and along with, the charges for

the service in accordance with the regular billing practice of the

provider.

G. Nothing in the Oklahoma 9-1-1 Management Authority Act shall

be construed to limit the ability of a provider from recovering its

costs associated with designing, developing, deploying and

maintaining enhanced 9-1-1 service directly from the service

subscribers of the provider, whether the costs are itemized on the

bill of the service subscriber as a surcharge or by any other lawful

means.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1437

H. The provider shall maintain records of the amount of 9-1-1

telephone fees collected in accordance with the provisions of the

Oklahoma 9-1-1 Management Authority Act for a period of three (3)

years from the time the fee is collected. The State Auditor and

Inspector, the Oklahoma 9-1-1 Management Authority or any affected

public agency may require an annual audit of the books and records

of the provider concerning the collection and remittance of fees

authorized by the Oklahoma 9-1-1 Management Authority Act. Auditors

shall have access to all information used by the provider to

calculate and remit the 9-1-1 telephone fee. Audit expenses shall

be reimbursable pursuant to procedures established by the Oklahoma

9-1-1 Management Authority if the audit is approved by the

Authority.

I. The provider shall provide to the Oklahoma 9-1-1 Management

Authority an annual census showing the primary place of use of its

subscribers located by county and either a municipality or

unincorporated area. The census shall contain all subscribers as of

December 31 of each year, and shall be provided to the Authority no

later than February 1 of each year.

J. All proprietary information provided by a provider to the

Authority shall not be subject to disclosure to the public or any

other party.

K. Within thirty (30) days of receipt, the Oklahoma Tax

Commission shall pay available fees remitted pursuant to Section

2865 of this title to the governing bodies that the Oklahoma 9-1-1

Management Authority has certified in accordance with Section 2864

of this title as eligible to receive funds. The share to be paid to

or escrowed for each governing body shall be determined by the

formula provided for in paragraph 5 of Section 2864 of this title.

L. The Oklahoma Tax Commission shall provide the 9-1-1

Management Authority a monthly report showing the 9-1-1 wireless fee

deposits including the name of the provider and the amount of each

deposit. Upon request the 9-1-1 Authority may request telephone or

mailing address information of the provider.
Okla. Stat. tit. 63, § 63-4210.4 — OK Code / Title 63 / Section 63-4210.4
Care and prudent speed to be used in operation of
Status: in_force

vessel - Operation in wake zone - Parking, mooring or beaching in a

swimming area - Violation.

A. Any person who operates or gives permission to operate a

vessel on any waters of this state shall operate the same at a

careful and prudent speed not greater than nor less than is

reasonable or proper, having due regard to other vessels, water

skiers, swimmers, sanctioned events, restrictive and informational

markers or buoys, existing wind conditions, waves, wakes or other

weather conditions then existing.

B. No person shall operate or give permission to operate a

vessel in a wake zone at a speed which is other than reasonable and

prudent and which shows due regard for the existence of actual or

potential hazards and obstacles, or in such a manner as to endanger

the life, limb or property of any other person, or in such a manner

as to create a wake. For the purpose of this title, "no wake zone"

means any area posted with buoys or within one hundred fifty (150)

feet of any boat ramp, dock, pier, or anchored or moored vessel.

C. No person shall park, moor, or beach a vessel at the

perimeter of or within a swimming area marked with buoys and cable.

D. Any violation of the provisions of this section shall

constitute a careless act in the operation of the vessel.
Okla. Stat. tit. 63, § 63-1-1126 — OK Code / Title 63 / Section 63-1-1126
Goods not intended for human consumption
Status: in_force

Goods not intended for human consumption shall not be stored in

a frozen food locker plant except such items of animal or vegetable

matter which may have been approved by the State Commissioner of

Health.
Okla. Stat. tit. 63, § 63-1-1402 — OK Code / Title 63 / Section 63-1-1402
Acts prohibited
Status: in_force

The following acts and the causing thereof within the State of

Oklahoma are hereby prohibited:

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

sale of any drug, device, or cosmetic that is adulterated or

misbranded.

Oklahoma Statutes - Title 63. Public Health and Safety Page 608

(b) The adulteration or misbranding of any drug, device, or

cosmetic.

(c) The receipt in commerce of any drug, device, or cosmetic

that is adulterated or misbranded, and the delivery or proffered

delivery thereof for pay or otherwise.

(d) The dissemination of any false advertisement.

(e) The refusal to permit entry or inspection, or to permit the

taking of a sample, as authorized by Section 1414 of this article.

(f) The giving of a guaranty or undertaking which guaranty or

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

undertaking to the same effect signed by, and containing the name

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

he received in good faith the drug, device or cosmetic.

(g) The removal or disposal of a detained or embargoed article

in violation of Section 1405 of this article.

(h) The alteration, mutilation, destruction, obliteration, or

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

any other act with respect to, a drug, device, or cosmetic, if such

act is done while such article is held for sale and results in such

article being adulterated or misbranded.

(i) Forging, counterfeiting, simulating, or falsely

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

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

regulations promulgated under the provisions of this article.
Okla. Stat. tit. 63, § 63-1-914 — OK Code / Title 63 / Section 63-1-914
Cooperation in clearing area and controlling malaria
Status: in_force

All persons impounding any body of water for public use shall

cooperate with the State Department of Health in clearance of the

area and the measures necessary to control malaria.
Okla. Stat. tit. 63, § 63-3282 — OK Code / Title 63 / Section 63-3282
Issuance of bonds - Approval of Supreme Court
Status: in_force

The Oklahoma State University Medical Authority or the Oklahoma

State University Medical Trust may file an application with the

Supreme Court of the State of Oklahoma for approval of any bonds to

be issued under the provisions of the Oklahoma State University

Medical Authority Act, and exclusive original jurisdiction is hereby

conferred upon the Supreme Court to hear and determine such

application. The Supreme Court shall give such applications

precedence over the other business of the Court and consider and

determine the validity of the bonds and consider the application and

any protest which may be filed thereto. Notice of the hearing on

each application shall be given by notice published in a newspaper

of general circulation in this state that on a day named the

Authority or the Trust will ask the Court to hear the application

and approve the bonds. Such notice shall inform all interested

parties that they may file a protest against the issuance of the

bonds, may be present at the hearing, and may contest the legality

thereof. Such notice shall be published one time, not less than ten

(10) days prior to the date named for the hearing and the hearing

may be adjourned from time to time in the discretion of the Court.

If the Court is satisfied that the bonds have been properly

authorized in accordance with the Oklahoma State University Medical

Authority Act, and that when issued such bonds will constitute valid

obligations in accordance with their terms, the Court shall render

its written opinion approving the bonds and shall fix the time

within which the petition for rehearing may be filed. The decision

of the Court shall be a judicial determination of the validity of

the bonds, shall be conclusive as to the Authority of the Trust, its

officers and agents, and thereafter the bonds so approved and the

revenues pledged to their payment shall be incontestable in any

court in the State of Oklahoma.
Okla. Stat. tit. 63, § 63-1-745.58 — OK Code / Title 63 / Section 63-1-745.58
Immunity - Jurisdiction
Status: in_force

A. Notwithstanding any other law, this state has sovereign

immunity, a political subdivision has governmental immunity, and

each officer and employee of this state or a political subdivision

has official immunity in any action, claim, counterclaim, or any

type of legal or equitable action that challenges the validity of

any provision or application of this act, on constitutional grounds

or otherwise, or that seeks to prevent or enjoin the state, its

political subdivisions, or any officer or employee of this state or

a political subdivision from enforcing any provision or application

of this act, unless that immunity has been abrogated or preempted by

federal law in a manner consistent with the Constitution of the

United States.

B. Notwithstanding any other law, no provision of state law may

be construed to waive or abrogate an immunity described by

subsection A of this section unless it expressly waives immunity

with specific reference to this section.

C. Notwithstanding any other law, no attorney representing this

state, a political subdivision, or any officer or employee of this

state or a political subdivision is authorized or permitted to waive

Oklahoma Statutes - Title 63. Public Health and Safety Page 417

an immunity described in subsection A of this section or take any

action that would result in a waiver of that immunity.

D. Notwithstanding any other law, no court of this state shall

have jurisdiction to consider any action, claim, or counterclaim

that seeks declaratory or injunctive relief against the state, a

political subdivision, or any officer or employee of this state or a

political subdivision in relation to this act.

E. Notwithstanding any other law, no court of this state shall

have jurisdiction to consider any action, claim, or counterclaim

that seeks declaratory or injunctive relief to prevent a private

individual from enforcing any provision or application of this act,

or from filing a civil action under this act.

F. Nothing in this section or act shall be construed to prevent

a litigant from asserting the invalidity or unconstitutionality of

any provision or application of this act as a defense to any action,

claim, or counterclaim brought against that litigant.
Okla. Stat. tit. 63, § 63-3111.13 — OK Code / Title 63 / Section 63-3111.13
Retroactive effect
Status: in_force

Any document made in substantial compliance with the

requirements of the Oklahoma Health Care Agent Act shall have full

force and effect including such documents made prior to the

effective date of this act.
Okla. Stat. tit. 63, § 63-2-603 — OK Code / Title 63 / Section 63-2-603
Uniformity of interpretation
Status: in_force

This act shall be so construed as to effectuate its general

purpose to make uniform the law of those states which enact it.
Okla. Stat. tit. 63, § 63-3242.6 — OK Code / Title 63 / Section 63-3242.6
State plan amendment to implement requirements
Status: in_force

A. The Oklahoma Health Care Authority shall submit to the

Oklahoma Ambulance Alliance a proposed state plan amendment to

implement the requirements of the Ambulance Service Provider Access

Payment Program Act including the payment of ambulance service

provider access payments under Section 4 of this act no later than

forty-five (45) days after the effective date of this act and shall

submit the state plan amendment to the Centers for Medicare and

Medicaid Services after consideration of the input and

recommendations of the Alliance.

B. If the state plan amendment is not approved by the Centers

for Medicare and Medicaid Services, the Authority shall:

1. Not implement the assessment imposed under the Ambulance

Service Provider Access Payment Program Act; and

2. Return any fees to ambulance services that paid the fees if

any such fees have been collected.
Okla. Stat. tit. 63, § 63-2-422 — OK Code / Title 63 / Section 63-2-422
Definitions
Status: in_force

As used in the Drug Dealer Liability Act:

1. "Illegal drug" means a drug whose distribution is a

violation of state law;

2. "Illegal drug market" means the support system of illegal

drug-related operations, from production to retail sales, through

which an illegal drug reaches the user;

3. "Illegal drug market target community" is the area described

under Section 7 of this act;

4. "Individual drug user" means the individual whose illegal

drug use is the basis of an action brought under this act;

5. "Level one offense" means possession of one quarter (1/4)

ounce or more, but less than four (4) ounces, or distribution of

less than one (1) ounce of a specified illegal drug, or possession

of one (1) pound or twenty-five plants or more, but less than four

(4) pounds or fifty plants, or distribution of less than one (1)

pound of marijuana;

6. "Level two offense" means possession of four (4) ounces or

more, but less than eight (8) ounces, or distribution of one (1)

ounce or more, but less than two (2) ounces, of a specified illegal

drug, or possession of four (4) pounds or more or fifty plants or

more, but less than eight (8) pounds or seventy-five plants, or

Oklahoma Statutes - Title 63. Public Health and Safety Page 1008

distribution of more than one (1) pound but less than ten (10)

pounds of marijuana;

7. "Level three offense" means possession of eight (8) ounces

or more, but less than sixteen (16) ounces, or distribution of two

(2) ounces or more, but less than four (4) ounces, of a specified

illegal drug or possession of eight (8) pounds or more or seventy-

five plants or more, but less than sixteen (16) pounds or one

hundred plants, or distribution of more than five (5) pounds but

less than ten (10) pounds of marijuana;

8. "Level four offense" means possession of sixteen (16) ounces

or more or distribution of four (4) ounces or more of a specified

illegal drug or possession of sixteen (16) pounds or more or one

hundred plants or more or distribution of ten (10) pounds or more of

marijuana;

9. "Participate in the illegal drug market" means to

distribute, possess with an intent to distribute, commit an act

intended to facilitate the marketing or distribution of, or agree to

distribute, possess with an intent to distribute, or commit an act

intended to facilitate the marketing and distribution of an illegal

drug. "Participate in the illegal drug market" does not include the

purchase or receipt of an illegal drug for personal use only;

10. "Person" means an individual, a governmental entity,

corporation, firm, trust, partnership, or incorporated or

unincorporated association, existing under or authorized by the laws

of this state, another state, or a foreign country;

11. "Period of illegal drug use" means, in relation to the

individual drug user, the time of first use by an individual of an

illegal drug to the accrual of the cause of action. The period of

illegal drug use is presumed to commence two (2) years before the

cause of action accrues unless the defendant proves otherwise by

clear and convincing evidence;

12. "Place of illegal drug activity" means, in relation to the

individual drug user, each county in which the individual possesses

or uses an illegal drug or in which the individual resides, attends

school, or is employed during the period of the illegal drug use of

the individual, unless the defendant proves otherwise by clear and

convincing evidence;

13. "Place of participation" means, in relation to a defendant

in an action brought under the Drug Dealer Liability Act, each

county in which the person participates in the illegal drug market

or in which the person resides, attends school, or is employed

during the period of the participation in the illegal drug market by

the person; and

14. "Specified illegal drug" means cocaine, heroin, or

methamphetamine and any other drug the distribution of which is a

violation of state law.
Okla. Stat. tit. 63, § 63-1-744.2 — OK Code / Title 63 / Section 63-1-744.2
Notice – Waiting period
Status: in_force

No abortion shall be performed or induced upon an unemancipated

minor or upon a female for whom a guardian or conservator has been

appointed pursuant to the Oklahoma Guardianship and Conservatorship

Act because of a finding of incompetency, until at least forty-eight

(48) hours after written notice of the pending abortion has been

delivered in the manner specified in Sections 7 through 9 of this

act to one of the parents of the minor upon whom the abortion is

contemplated or to the guardian or conservator of the female upon

whom the abortion is contemplated.

1. The notice shall be addressed to the parent at the usual

place of abode of the parent and delivered personally to the parent

by the physician or an agent.

2. In lieu of the delivery required by paragraph 1 of this

section, notice shall be made by certified mail addressed to the

parent at the usual place of abode of the parent with return receipt

requested and restricted delivery to the addressee, which means a

postal employee can deliver the mail only to the authorized

addressee. Time of delivery shall be deemed to occur at noon on the

third day on which regular mail delivery takes place, subsequent to

mailing. The information concerning the address of the parent shall

be that which a reasonable and prudent person, under similar

circumstances, would have relied upon as sufficient evidence that

the parent resides at that address.
Okla. Stat. tit. 63, § 63-3250.8 — OK Code / Title 63 / Section 63-3250.8
Medicaid Payment Reimbursement Fund
Status: in_force

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

revolving fund to be designated the “Medicaid Payment Reimbursement

Fund”.

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

year limitations, and shall consist of:

a. all monies received by the Oklahoma Health Care

Authority pursuant to the Oklahoma Community Hospitals

Public Trust Authorities Act and otherwise specified

or authorized by law including, but not limited to,

monies received by the Authority from assessments

levied on hospitals included in a hospital district,

and

b. interest attributable to investment of money in the

fund.

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

appropriated and shall be expended by the Authority for services to

Medicaid beneficiaries residing within or receiving services within

the boundaries of the community hospitals public trust.

B. Any monies received from any assessment levied on hospitals

within a hospital district for purposes of providing the state

matching funds for supplemental Medicaid programs pursuant to the

provisions of the Oklahoma Community Hospitals Public Trust

Authorities Act shall be submitted to the Oklahoma Health Care

Authority for deposit into the Medicaid Payment Reimbursement Fund.

C. The Oklahoma Health Care Authority shall transfer to the

Medicaid Payment Reimbursement Fund any payment received by the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1577

Oklahoma Health Care Authority pursuant to the Oklahoma Community

Hospitals Public Trust Authorities Act and rules promulgated by the

Oklahoma Health Care Authority pursuant to federal law and the

provisions of the Oklahoma Community Hospitals Public Trust

Authorities Act.

D. 1. The Oklahoma Health Care Authority shall make Medicaid

reimbursement payments to hospitals to the extent permitted by

federal law and rules promulgated by the Oklahoma Health Care

Authority pursuant to federal law.

2. Each community hospital public trust authority established

shall be limited to receipt of supplemental Medicaid program funds

for its designated area.
Okla. Stat. tit. 63, § 63-1-1815 — OK Code / Title 63 / Section 63-1-1815
Renumbered as § 2-5-114 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-1-559.2b — OK Code / Title 63 / Section 63-1-559.2b
Legislative findings
Status: in_force

A. The Legislature recognizes that:

1. Childhood obesity poses a major risk to the health and

future of Oklahoma’s children, and this challenge must be addressed

through a comprehensive approach that includes parents, schools,

child care providers, community- and faith-based organizations,

health care professionals, civic leaders and many others; and

2. Evidence-based nutrition education and increased physical

activity are well-established means of addressing the problem, but

not all Oklahoma families are able to take advantage of

opportunities to provide these benefits for their children.

Oklahoma Statutes - Title 63. Public Health and Safety Page 253

B. It is the intent of the State Legislature that support shall

be provided to established afterschool programs to fully integrate

evidence-based obesity prevention and reduction curriculum that

includes structured opportunities for increasing physical activity

and promoting healthy eating and nutrition habits.

C. A successful Quality Afterschool Opportunities Initiative

will require the resources, expertise and collaboration of a variety

of state agencies, including the State Department of Health, the

State Department of Education and the Department of Human Services,

with advice and guidance from a statewide nonprofit afterschool

network.
Okla. Stat. tit. 63, § 63-4217.1 — OK Code / Title 63 / Section 63-4217.1
Abandoned vessels – Notice of removal
Status: in_force

Any officer who has removed or directed the removal of any

vessel, or an authorized person in the employing agency of the

officer, shall within seventy-two (72) hours of the removal notify

the Department of Public Safety of the removal. The notice of

removal shall contain the name and address of the owner, if known,

the make, model, vessel identification number, registration number,

date stored, place stored, and the estimated value. Upon receipt of

such notice of removal, the Department of Public Safety shall

promptly request Service Oklahoma or other appropriate registering

jurisdiction to furnish the name and address of the owner of and any

Oklahoma Statutes - Title 63. Public Health and Safety Page 1688

lienholder on the vessel and must within five (5) days from receipt

of the requested information send a notice to the owner and any

lienholder by regular mail, postage prepaid, at the addresses

furnished by Service Oklahoma or registering jurisdiction, of the

location of the vessel. This section shall not be construed to

create any civil liability upon the state, any agency of the state

or employee thereof for failure to provide notice to the owner or

lienholder.
Okla. Stat. tit. 63, § 63-1-605 — OK Code / Title 63 / Section 63-1-605
Unexpended appropriations - Continuance
Status: in_force

Any unexpended appropriations to or for the use of the Oklahoma

General Hospital remaining after the transfer provided by Section 1

of this act shall remain available for the assistance of indigents

at the hospital on a contract basis between the State of Oklahoma

and the City of Clinton. All such expenditures shall be subject to

the approval of the Department of Institutions, Social and

Rehabilitative Services.
Okla. Stat. tit. 63, § 63-2255.10 — OK Code / Title 63 / Section 63-2255.10
Renumbered as § 1-2411 of Title 63 by Laws 1990, c
Status: in_force

217, § 10, eff. Sept. 1, 1990. Renumbered as § 1-2411 of Title 63

by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.
Okla. Stat. tit. 63, § 63-1062 — OK Code / Title 63 / Section 63-1062
Operation of housing not for profit
Status: in_force

It is hereby declared to be the policy of this state to

accomplish the charitable and public purposes of this act that each

authority shall manage and operate its housing projects in an

efficient manner so as to enable it to fix the rentals or payments

for dwelling accommodations at low rates consistent with its

providing decent, safe and sanitary dwelling accommodations for

persons of low income and that no authority shall construct or

operate any housing project for profit, or as a source of revenue to

the city or county. To this end an authority shall fix the rentals

or payments for dwellings in its projects at no higher rates than it

shall find to be necessary in order to produce revenues which,

together with all other available monies, revenues, income and

receipts of the authority from whatever sources derived, including

Federal financial assistance necessary to maintain the low-rent

character of the project, will be sufficient:

(a) to pay, as the same become due, the principal and interest

on the bonds of the authority;

(b) to create and maintain such reserves as may be required to

assure the payment of principal and interest as it becomes due on

its bonds;

(c) to meet the cost of, and to provide for, maintaining and

operating the projects, including necessary reserves therefor and

the cost of any insurance, and the administrative expenses of the

authority; and

(d) to make such payments in lieu of taxes and, after payment in

full of all obligations for which federal annual contributions are

pledged, to make such repayments of federal and local contributions

as it determines are consistent with the maintenance of the low-rent

character of projects.

Rentals or payments for dwellings shall be established and the

projects administered, insofar as possible, so as to assure that any

federal financial assistance required shall be strictly limited to

amounts and periods necessary to maintain the low-rent character of

the projects. Nothing herein shall be construed to limit the amount

an authority may charge for nondwelling facilities. All such

income, together with other income and revenue, shall be used in the

Oklahoma Statutes - Title 63. Public Health and Safety Page 1320

operation of the projects to aid in accomplishing the charitable and

public purposes of this act.
Okla. Stat. tit. 63, § 63-104 — OK Code / Title 63 / Section 63-104
Nonliability of physician for failure to perform
Status: in_force

Failure on the part of the physician, under such circumstances,

to perform a caesarian operation shall not subject said physician to

criminal liability, if in his opinion after due examination, the

child is not viable at the time of the death of the female, while in

the advanced stages of pregnancy.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1064
Okla. Stat. tit. 63, § 63-1-871 — OK Code / Title 63 / Section 63-1-871
Short title
Status: in_force

Section 2 through 9 of this act shall be known and may be cited

as the "Adult Day Care Act".
Okla. Stat. tit. 63, § 63-1-2504.2 — OK Code / Title 63 / Section 63-1-2504.2
Quality Assurance reviews
Status: in_force

A. Licensed Emergency Medical Services shall conduct Quality

Assurance reviews of operations and medical care provided. This

activity shall be in accordance with standards developed by

Emergency Medical Services Administration and Medical Control.

B. The proceedings and records of these Quality Assurance

reviews and continuous quality improvement activities conducted by

Emergency Medical Services shall be confidential and not subject to

disclosure by subpoena or otherwise.

C. Quality Assurance and Continuous Quality Improvement

activity, records and proceedings of any licensed Emergency Medical

Service shall be confidential and not subject to the Oklahoma Open

Meeting Act nor the Oklahoma Open Records Act.
Okla. Stat. tit. 63, § 63-4021 — OK Code / Title 63 / Section 63-4021
Fees - Exemptions - Credits - Duplicate certificates
Status: in_force

A. The application required for the initial and subsequent

registration of a vessel or a motor shall be accompanied by payment

of the following fees:

1. Where the manufacturer's factory delivered price, or in the

absence of such price being published in a recognized publication

for the use of marine dealers and/or for purposes of insurance and

financing firms, where the provable original or new cost of all

materials, is One Hundred Fifty Dollars ($150.00) or less, the

registration and license fee for the first and for each succeeding

year's registration shall be One Dollar ($1.00);

2. Where the manufacturer's factory delivered price, or in the

absence of such price being published as provided in paragraph 1 of

this section, where the value of such vessel or motor is determined

Oklahoma Statutes - Title 63. Public Health and Safety Page 1627

and fixed as above required and, is in excess of One Hundred Fifty

Dollars ($150.00), there shall be added to the fee of One Dollar

($1.00), the sum of One Dollar ($1.00) for each One Hundred Dollars

($100.00) or any fraction thereof, in excess of One Hundred Fifty

Dollars ($150.00) provided such fee shall not exceed One Hundred

Fifty Dollars ($150.00);

3. After the first year's registration in this state under the

Oklahoma Vessel and Motor Registration Act of any new vessel or new

motor under paragraph 2 of this subsection, the registration for the

second year shall be ninety percent (90%) of the fee computed and

assessed hereunder for the first year, and thereafter, such fee

shall be computed and assessed at ninety percent (90%) of the

previous year's fee and shall be so computed and assessed for the

next nine (9) successive years provided such fee shall not exceed

One Hundred Fifty Dollars ($150.00);

4. The initial and subsequent registration fee for any vessel

which is a part of a fleet used for lodging and for which a rental

fee and sales tax are collected shall be Forty Dollars ($40.00) in

lieu of the fees required by paragraphs 1 through 3 of this

subsection. For the purpose of this paragraph, "fleet" means twenty

or more vessels operated by a business organization from a single

anchorage. The fee provided for in this paragraph may be reduced

annually to zero until the total reduction equals the difference

between the sum of the fees paid pursuant to paragraphs 1 through 3

of this subsection for the two registration years preceding January

1, 1990, and the fee provided for in this paragraph;

5. For any vessel or motor owned and numbered, registered or

licensed prior to January 1, 1990, in this or any other state, or in

the absence of such registration upon proof of the year, model and

age of same, the registration fee shall be computed and assessed at

the rate hereinabove provided for a new vessel or motor based on the

value thereof determined as provided in this subsection, but reduced

as though same had been registered for each prior year of its

existence. Except as provided in paragraph 1 of this subsection,

the registration fee for the eleventh year computed in accordance

with the provisions of this subsection shall be the amount of the

fee to be assessed for such eleventh year and shall be the minimum

annual registration fee for such vessel or motor for any subsequent

year; and

6. The initial and subsequent registration fee for any vessel

or motor which is not being used in a trade or business or for any

commercial purpose and is owned by:

a. a nonresident member of the Armed Forces of the United

States assigned to duty in this state in compliance

with official military or naval orders,

Oklahoma Statutes - Title 63. Public Health and Safety Page 1628

b. a resident member of the Armed Forces of the United

States assigned to duty in this state in compliance

with official military or naval orders,

c. the spouse, who resides in Oklahoma, of a resident or

nonresident member of the Armed Forces of the United

States serving in a foreign country, or

d. any Oklahoma resident who is stationed out of state

due to an official assignment of the Armed Forces of

the United States,

shall be the lesser of either a Fifteen Dollar ($15.00) registration

fee or the fee computed and assessed for vessels or motors of

similar age and model pursuant to this section.

B. As used in this section, the term "manufacturer's factory

delivered price" shall represent the recommended retail selling

price and shall not mean the wholesale price to a dealer.

C. Service Oklahoma shall assess the registration fees and

penalties for the year or years a vessel or motor was not registered

as provided in the Oklahoma Vessel and Motor Registration Act. For

vessels or motors not registered for two (2) or more years, the

registration fees and penalties shall be due only for the current

year and one (1) previous year.

D. Upon each vessel or motor repossessed by a mortgagee, a fee

of Forty-six Dollars ($46.00) shall be assessed. This fee shall be

in lieu of any applicable vessel or motor excise tax and

registration fees. Through June 30, 2025, each licensed operator

accepting applications for certificates of title for such vessel or

motors shall receive Seven Dollars ($7.00) to be deducted from the

license fee specified in this paragraph for each application

accepted. Beginning July 1, 2025, these fees shall be retained by

the licensed operator pursuant to subsection E of Section 1141.1 of

Title 47 of the Oklahoma Statutes.

E. All vessels or motors owned by the State of Oklahoma, its

agencies or departments, or political subdivisions thereof, or which

under the law would be exempt from direct ad valorem taxation, shall

be registered pursuant to the provisions of the Oklahoma Vessel and

Motor Registration Act for an annual fee of Two Dollars and twenty-

five cents ($2.25) irrespective of whether registered by a licensed

operator or Service Oklahoma.

F. All vessels and motors owned:

1. By the Boy Scouts of America, the Girl Scouts of U.S.A., and

the Camp Fire USA, devoted exclusively to youth programs emphasizing

physical fitness, character development and citizenship training;

2. By the Department of Public Safety; and

3. By organizations which are exempt from taxation pursuant to

the provisions of Section 501(c)(3) of the Internal Revenue Code, 26

U.S.C., Section 501(c)(3), and which are primarily devoted to the

establishment, development, operation, promotion, and participation

Oklahoma Statutes - Title 63. Public Health and Safety Page 1629

in, alone or in conjunction with others, educational and training

programs and competitive events to provide knowledge, information,

or comprehensive skills related to the sports of sailing, fishing,

boating, and other aquatic-related activities;

are hereby exempt from the payment of registration fees required by

this section. Provided all of such vessels or motors shall be

registered and shall otherwise comply with the provisions of the

Oklahoma Vessel and Motor Registration Act.

G. A credit shall be allowed with respect to the fee for

registration of any new vessel or new motor, when such new vessel or

motor is a replacement for:

1. A new original vessel or new original motor which is stolen

from the purchaser/registrant within ninety (90) days of the date of

purchase of the original vessel or new original motor as certified

by a police report or other documentation as required by Service

Oklahoma; or

2. A defective new original vessel or new original motor

returned by the purchaser/registrant to the seller within six (6)

months of the date of purchase of the defective new original vessel

or new original motor as certified by the manufacturer.

Such credit shall be in the amount of the fee for registration

which was paid for the new original vessel or new original motor and

shall be applied to the registration fee for the replacement vessel

or motor. In no event will said credit be refunded.

H. Upon proper proof of a lost certificate of registration

being made to Service Oklahoma or one of its licensed operators,

accompanied by an application therefor and payment of the fees

required by the Oklahoma Vessel and Motor Registration Act, a

duplicate certificate of registration shall be issued to the

applicant. The charge for such duplicate certificate of

registration shall be Two Dollars and twenty-five cents ($2.25),

which charge shall be in addition to any other fees imposed by

Section 4022 of this title for any such vessel or motor.

I. In addition to any other fees levied by the Oklahoma Vessel

and Motor Registration Act, there is levied and there shall be paid

to Service Oklahoma, for each year a vessel or motor is registered,

a fee of One Dollar ($1.00) for each vessel or motor for which a

registration or license fee is required pursuant to the provisions

of this section. The fee shall accrue and shall be collected upon

each vessel or motor under the same circumstances and shall be

payable in the same manner and times as apply to vessel and motor

licenses and registrations under the provisions of the Oklahoma

Vessel and Motor Registration Act; provided, the fee shall be paid

in full for the then current year at the time any vehicle is first

registered in a calendar year.

Monies collected pursuant to this subsection shall be

apportioned by Service Oklahoma to the State Treasurer for deposit

Oklahoma Statutes - Title 63. Public Health and Safety Page 1630

in the Trauma Care Assistance Revolving Fund created in Section 1-

2530.9 of this title.

The collection and payment of the fee shall be a prerequisite to

license or registration of any vessel or motor.

J. If a vessel or motor is donated to a nonprofit charitable

organization, the nonprofit charitable organization shall be exempt

from paying any current or past due registration fees, excise tax,

transfer fees, and penalties and interest; provided, subsequent to

such donation, if the person, entity or party acting on another's

behalf who donated the vessel or motor, purchases the same vessel or

motor from the nonprofit charitable organization receiving the

original donation, such person, entity or party acting on another's

behalf shall be liable for all current and past due registration

fees, excise tax, transfer fees, and penalties and interest on such

vehicle.
Okla. Stat. tit. 63, § 63-1-745.31 — OK Code / Title 63 / Section 63-1-745.31
Short title - Oklahoma Heartbeat Act
Status: in_force

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

Heartbeat Act".
Okla. Stat. tit. 63, § 63-706 — OK Code / Title 63 / Section 63-706
Hours for opening and closing - Exception
Status: in_force

In cities and towns and in areas outside the corporate limits of

a city or town, shooting galleries shall close from 11:59 o'clock

p.m. Saturday until 8:00 a.m. Monday, except that cities having a

population in excess of fifty thousand (50,000), according to the

next preceding Federal Decennial Census, may permit the operation of

shooting galleries during the period from 11:59 o'clock p.m.

Saturday and 8:00 a.m. Monday.
Okla. Stat. tit. 63, § 63-1-108 — OK Code / Title 63 / Section 63-1-108
Federal funds - Grants and donations
Status: in_force

The State Treasurer shall act as custodian of funds received by

and allotted to the State Department of Health and to the State

Commissioner of Health by federal agencies, when requested to do so

by such federal agencies; and the State Budget Director shall

maintain a system of accounts for such funds, and each allotment of

funds shall be kept and accounted for as a separate fund. Such

funds shall be disbursed in the same manner as state appropriated

funds, except as may otherwise be requested by the federal agency

allotting the funds disbursed. Grants and donations from other

sources for public health purposes shall be similarly kept,

accounted for or disbursed if believed by the State Commissioner of

Health to be necessary or convenient to accomplish the purposes for

which the grants or donations were made.
Okla. Stat. tit. 63, § 63-2-503.1a — OK Code / Title 63 / Section 63-2-503.1a
Drug Money Laundering and Wire Transmitter Act -
Status: in_force

Short title.

Sections 2-503.1a through 2-503.1i of this title and Sections 11

through 13 of this act shall be known and may be cited as the “Drug

Money Laundering and Wire Transmitter Act”.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1021
Okla. Stat. tit. 63, § 63-1-2103 — OK Code / Title 63 / Section 63-1-2103
Renumbered as § 2-8-103 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-4209.7 — OK Code / Title 63 / Section 63-4209.7
Additional unlawful acts - Penalties
Status: in_force

A. Except as otherwise authorized by law, it shall be unlawful

for any person to commit any of the following acts:

1. To lend or to sell to, or knowingly permit the use of by,

one not entitled thereto any certificate of title or certificate of

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

permitting the use thereof;

2. To alter or in any manner change a certificate of title or

certificate of registration issued under the laws of this state or

any other state;

3. To purchase identification or number plates on a certificate

of title assigned to another vessel or motor; or

4. To sell or dispose of, in any manner, a used vessel or motor

without delivering to the purchaser an Oklahoma certificate of title

in such purchaser's name or one properly and completely assigned to

him at the time of sale.

B. Anyone violating any of the provisions of this section, upon

conviction, shall be guilty of a misdemeanor and shall be fined not

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

($100.00).
Okla. Stat. tit. 63, § 63-1-316b — OK Code / Title 63 / Section 63-1-316b
Short title - Death Certificate Accuracy Act
Status: in_force

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

Certificate Accuracy Act".
Okla. Stat. tit. 63, § 63-1-526 — OK Code / Title 63 / Section 63-1-526
Rules and regulations
Status: in_force

The State Board of Health shall make all rules and regulations

for the prevention and cure, and to prevent the spread, of sexually

transmitted infections (STIs), which it deems necessary for the

control of STIs.
Okla. Stat. tit. 63, § 63-1-1432.1 — OK Code / Title 63 / Section 63-1-1432.1
Short title - Oklahoma Kratom Consumer Protection
Status: in_force

Act.

Sections 1 through 5 of this act shall be known and may be cited

as the "Oklahoma Kratom Consumer Protection Act".
Okla. Stat. tit. 63, § 63-1-850 — OK Code / Title 63 / Section 63-1-850
Short title
Status: in_force

Sections 6 through 17 of this act shall be known and may be

cited as the Long-term Care Certificate of Need Act.
Okla. Stat. tit. 63, § 63-1-1526 — OK Code / Title 63 / Section 63-1-1526
Rules and regulations
Status: in_force

The State Board of Health shall promulgate rules necessary to

implement the provisions of the Smoking in Public Places and Indoor

Workplaces Act. Such rules shall not impose liability on the owner

or operator of any facility for the violation of a provision of the

Smoking in Public Places and Indoor Workplaces Act by another person

who is not an employee of such owner or operator.
Okla. Stat. tit. 63, § 63-1-2008 — OK Code / Title 63 / Section 63-1-2008
Renumbered as § 2-7-116 of Title 27A by Laws 1993, c
Status: in_force

145, § 359, eff. July 1, 1993.
Okla. Stat. tit. 63, § 63-5008 — OK Code / Title 63 / Section 63-5008
Administrator - Qualifications - Status - Powers and
Status: in_force

duties - Contract bidding process - Advisory committees.

A. The Administrator of the Oklahoma Health Care Authority

shall have the training and experience necessary for the

administration of the Authority. The Administrator shall be

appointed by the Governor with the advice and consent of the Senate

and shall serve at the pleasure of the Governor and may be removed

or replaced without cause. Compensation for the Administrator shall

be determined by the Governor. The Administrator may be removed

from office by a two-thirds (2/3) vote of the members elected to and

constituting each chamber of the Legislature.

B. The Administrator of the Oklahoma Health Care Authority

shall be the chief executive officer of the Authority and shall act

for the Authority in all matters except as may be otherwise provided

by law. The powers and duties of the Administrator shall include

but not be limited to:

1. Supervision of the activities of the Authority;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1711

2. Formulation and recommendation of rules for approval or

rejection by the Oklahoma Health Care Authority Board and

enforcement of rules and standards promulgated by the Board;

3. Preparation of the plans, reports and proposals required by

the Oklahoma Health Care Authority Act, Section 5003 et seq. of this

title, other reports as necessary and appropriate, and an annual

budget for the review and approval of the Board;

4. Employment of such staff as may be necessary to perform the

duties of the Authority including but not limited to an attorney to

provide legal assistance to the Authority for the state Medicaid

program; and

5. Establishment of a contract bidding process which:

a. encourages competition among entities contracting with

the Authority for state-purchased and state-subsidized

health care; provided, however, the Authority may make

patient volume adjustments to any managed care plan

whose prime contractor is a state-sponsored,

nationally accredited medical school. The Authority

may also make education or research supplemental

payments to state-sponsored, nationally accredited

medical schools based on the level of participation in

any managed care plan by managed care plan

participants,

b. coincides with the state budgetary process, and

c. specifies conditions for awarding contracts to any

insuring entity.

C. The Administrator may appoint advisory committees as

necessary to assist the Authority with the performance of its duties

or to provide the Authority with expertise in technical matters.
Okla. Stat. tit. 63, § 63-1-2552 — OK Code / Title 63 / Section 63-1-2552
Article III — Home state licensure
Status: in_force

ARTICLE III

Home State Licensure

A. Any member state in which an individual holds a current

license shall be deemed a home state for purposes of this Compact.

B. Any member state may require an individual to obtain and

retain a license to be authorized to practice in the member state

under circumstances not authorized by the privilege to practice

under the terms of this Compact.

C. A home state's license authorizes an individual to practice

in a remote state under the privilege to practice only if the home

state:

1. Currently requires the use of the National Registry of

Emergency Medical Technicians (NREMT) examination as a condition of

issuing initial licenses at the EMT and paramedic levels;

2. Has a mechanism in place for receiving and investigating

complaints about individuals;

3. Notifies the Commission, in compliance with the terms

herein, of any adverse action or significant investigatory

information regarding an individual;

4. No later than five (5) years after activation of the

Compact, requires a criminal background check of all applicants for

initial licensure, including the use of the results of fingerprint

or other biometric data checks compliant with the requirements of

the Federal Bureau of Investigation with the exception of federal

employees who have suitability determination in accordance with CFR

Section 731.202 and submit documentation of such as promulgated in

the rules of the Commission; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 850

5. Complies with the rules of the Commission.
Okla. Stat. tit. 63, § 63-427.17a — OK Code / Title 63 / Section 63-427.17a
Quality assurance laboratory — Compliance testing of
Status: in_force

businesses.

A. The Oklahoma Medical Marijuana Authority may operate a

quality assurance laboratory for the purpose of conducting

compliance testing of medical marijuana businesses licensed in this

state.

B. The Authority shall utilize the quality assurance laboratory

to:

1. Provide recommendations for all equipment and standards to

be utilized by licensed medical marijuana testing laboratories when

testing samples of medical marijuana, medical marijuana concentrate,

and medical marijuana products;

2. Provide standardized operating procedures when procuring,

collecting, extracting, and testing medical marijuana, medical

marijuana concentrate, and medical marijuana products;

3. Procure, handle, transfer, transport, and test samples taken

from medical marijuana licensed businesses;

4. Implement the secret shopper program pursuant to Section

427.25 of Title 63 of the Oklahoma Statutes; and

5. Detect and analyze any compounds that are not among the

targeted analytes and are unknown, unidentified, tentatively

identified, or known and injurious to human health if consumed.

C. In order to fulfill the provisions of subsection A of this

section, the Authority may:

1. Enter into interlocal agreements with any other government

agency pursuant to Section 1001 et seq. of Title 74 of the Oklahoma

Statutes;

2. Select a laboratory information system through a competitive

bidding process pursuant to Section 85.7 of Title 74 of the Oklahoma

Statutes; or

3. Collect samples from harvest batches that failed testing.

D. The quality assurance laboratory may transport and transfer

medical marijuana, medical marijuana concentrate, and medical

marijuana product for testing between the originating medical

marijuana business, the quality assurance laboratory, and other

licensed medical marijuana testing laboratories pursuant to this

section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1172

E. The quality assurance laboratory shall comply with the

provisions of the Oklahoma Medical Marijuana and Patient Protection

Act when transporting samples of medical marijuana, medical

marijuana concentrate, and medical marijuana product for testing

between the originating medical marijuana business, the quality

assurance laboratory, and other licensed medical marijuana testing

laboratories pursuant to this section. Nothing in this section

shall require the quality assurance laboratory to apply for and

receive a license.

F. The Authority shall submit an annual report to the

Legislature on quality assurance activities and results.

G. The Authority may promulgate rules necessary for the

implementation of a quality assurance laboratory pursuant to this

section.
Okla. Stat. tit. 63, § 63-2409 — OK Code / Title 63 / Section 63-2409
Appointment of interpreter in court action or grand jury
Status: in_force

proceeding.

A. In any case before any state or local court or grand jury,

wherein a person who is deaf or hard-of-hearing is a litigant,

defendant, spectator as required by subtitle A of Title II of the

Americans with Disabilities Act, Pub. L. 101-336, witness, party,

prospective juror, or juror, the court shall, upon request, appoint

a qualified legal interpreter to interpret the proceedings to the

deaf or hard-of-hearing person and interpret testimony or statements

and to assist in preparation and communication with counsel within

the context of the court proceeding. The court shall not be

responsible for providing an interpreter for attorney-client

communications which are not immediately ancillary to the court

proceeding or for meetings at the private counsel's office. The

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

of qualified legal interpreter or captioning best fits the needs of

the individual.

B. Efforts to obtain the services of a qualified legal

interpreter with the highest available level of certification, skill

and specialized training in the area of legal interpretation for the

deaf or hard-of-hearing will be made prior to accepting services of

an interpreter with lesser certification and skill. Once a

qualified legal interpreter is appointed, the interpreter shall be

afforded the time necessary to make a language assessment in order

to ensure effective communication, and to assess whether a deaf

interpreter may also be necessary. Based on the language

assessment, the interpreter will make recommendations to the court.

C. The provisions of this section shall be construed in

conjunction with Sections 1701 through 1710 of Title 20 of the

Oklahoma Statutes.