reglab/housing_qa huggingface dataset:
63 OK Stat § 63-1-1708.1F (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1708.1F. Medical liability actions - Damages.

|A. Except as provided in subsection B of this section, in any medical liability action in which the health care services at issue were provided for: |1. Pregnancy or labor and delivery, including the immediate post-partum period; or2. Emergency care in the emergency room of a hospital or as follow-up to the emergency care services provided in the emergency room;the amount of noneconomic damages awarded shall not exceed Three Hundred Thousand Dollars ($300,000.00), regardless of the number of parties against whom the action is brought or the number of actions brought with respect to the personal injury.B. Where the judge finds by clear and convincing evidence that the defendant committed negligence in one of the types of cases enumerated in subsection A of this section, the court shall articulate its findings into the record out of the presence of the jury and shall lift the noneconomic damage cap.C. Nothing in this section shall apply to any nursing facility or nursing home licensed pursuant to Section 1-1903 of this title or the owners, operators, officers, agents or employees of such entities.D. Nothing in this section shall apply to a medical liability action brought for wrongful death.E. This section of law shall terminate on November 1, 2010.Added by Laws 2003, c. 390, § 6, eff. July 1, 2003. Amended by Laws 2004, c. 368, § 21, eff. Nov. 1, 2004.
63 OK Stat § 63-1-1708.1H (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1708.1H. Statements, conduct, etc. expressing apology, sympathy, etc. – Admissibility – Definitions.

|A. In any medical liability action, any and all statements, affirmations, gestures, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are made by a health care provider or an employee of a health care provider to the plaintiff, a relative of the plaintiff, or a representative of the plaintiff and which relate solely to discomfort, pain, suffering, injury, or death as the result of the unanticipated outcome of the medical care shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest. |B. For purposes of this section, unless context otherwise requires, “relative” means a spouse, parent, grandparent, stepfather, child, grandchild, brother, sister, half-brother, half-sister or spouse’s parents. The term includes said relationships that are created as a result of adoption. “Representative” means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a durable power of attorney or health care proxy, or any person recognized in law or custom as an agent for the plaintiff.Added by Laws 2004, c. 368, § 23, eff. Nov. 1, 2004.
63 OK Stat § 63-1-1708.1I (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1708.1I. Expert witnesses – Qualifications.

|A. The court shall apply the criteria specified in subsection B of this section in determining whether an expert is qualified to offer expert testimony on the issue of whether the defendant health care provider departed from accepted standards of health care but may depart from those criteria if, under the circumstances, the court determines that there is good reason to admit the expert's testimony. The court shall state on the record the reason for admitting the testimony if the court departs from the criteria. |B. In determining whether a witness is qualified on the basis of training or experience, the court shall consider whether, at the time the claim arose or at the time the testimony is given, the witness:1. Is licensed to practice medicine or has other substantial training or experience, in any area of health care relevant to the claim; and2. Is actively practicing or retired from practicing health care in any area of health care services relevant to the claim.C. This section shall not prevent a health care provider who is a defendant, or an employee of the defendant health care provider, from qualifying as an expert.Added by Laws 2004, c. 368, § 24, eff. Nov. 1, 2004.
63 OK Stat § 63-1-1709 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1709. Information concerning condition and treatment of patients - Restrictions - Exemption from liability - Review committees.

|Any authorized person, hospital, sanatorium, nursing home or rest home, or other organization may provide information, interviews, reports, statements, memoranda or other data relating to the condition and treatment of any person to any of the following for use in the course of studies for the purpose of reducing morbidity or mortality: The State Board of Health; the Oklahoma State Medical Association, or any committee or allied society thereof; the American Medical Association, or other national organization approved by the State Board of Health, or any committee or allied medical society thereof; any in-hospital staff committee; or a city-county health department. No liability for damages or other relief shall arise or be enforced against any authorized person, institution or organization by reason of having provided such information or material, or by reason of having released or published the findings and conclusions of such groups to advance medical research and medical education, or by reason of having released or published generally a summary of such studies. The recipients shall use or publish such information or material only for the purpose of advancing medical research or medical education in the interest of reducing morbidity or mortality, except that a summary of such studies may be released by any such group for general publication. In all events, the identity of any person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances. Any information furnished shall not contain the name of the person upon whom information is furnished and shall not violate the confidential relationship of patient and doctor. All information, interviews, reports, statements, memoranda, or other data furnished by reason of this section, and any findings or conclusions resulting from such studies, are declared to be privileged communications which may not be used or offered or received in evidence in any legal proceeding of any kind or character, and any attempt to use or offer any such information, interviews, reports, statements, memoranda or other data, findings or conclusions, or any part thereof, unless waived by the interested parties, shall constitute prejudicial error in any such proceeding. Physicians and others appointed to hospital utilization review committees for the purpose of determining the optimum use of hospital services shall be immune from liability with respect to decisions made as to such utilization and actions thereunder so long as such physicians or others act in good faith; provided, however, that nothing in this section shall be construed to relieve any patient's personal physician of any liability which he may have in connection with the treatment of such patient. |Added by Laws 1963, c. 13, § 1. Amended by Laws 1968, c. 215, § 1, emerg. eff. April 23, 1968; Laws 2009, c. 276, § 2, eff. Nov. 1, 2009.
63 OK Stat § 63-1-1710 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1710. Retirement system.

|If, pursuant to the laws of Oklahoma or of any charter provision or ordinance of a city which participates in a city-county, county, district, or cooperative health department, as authorized by the Oklahoma Public Health Code, a retirement system is established for the employees of a participating city, the employees of the city-county, county, district, or cooperative health department may be included in that retirement system on the same basis applicable to employees of the participating city, provided the applicable Board of Health so recommends and the State Commissioner of Health, the board of county commissioners, and the governing body of the city which created and operates such health department approve. Nothing otherwise provided by law shall operate to prohibit the appropriation of county funds for the payment of the pro rata share of the contribution to be made to the city or county retirement fund on behalf of the employees of the applicable health department. In the event funds become available for public health purposes pursuant to the provisions of Section 9a, Article X of the Oklahoma Constitution and 63 O.S.Supp.1963, Sections 1-223 through 1-226, the contribution on behalf of the employees of the applicable health department may be paid from such funds; provided further, that an employee of the city-county, county, district, or cooperative health department shall not participate in more than one of the city, county, or state retirement systems. |1965, c. 102, § 1, emerg. eff. May 12, 1965.
63 OK Stat § 63-1-1712 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1712. Failure to comply with or breach of certain federal laws inadmissible.

|A health care provider's failure to comply with or a health care provider's breach of the federal Patient Protection and Affordable Care Act (Public Law 111-148) consolidating the amendment made by Title X of the Act and the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and any regulation, program, guideline or other provision established by such, shall not be admissible, used to determine the standard of care, or the legal basis for a presumption of negligence in any medical liability action in this state. |Added by Laws 2014, c. 416, § 1, eff. Nov. 1, 2014.
63 OK Stat § 63-1-1750 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1750. Rules and regulations.

|The State Board of Health has the power and duty to issue rules and regulations, not inconsistent with the laws of this state or of the federal government, which are necessary or useful to regulate in the public interest the practice of fitting and dealing hearing aids and licensing qualified individuals for the practice. |Laws 1980, c. 230, § 1, eff. July 1, 1980.
63 OK Stat § 63-1-1751 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1751. License fees.

|Fees for licenses issued by the State Board of Health to practice the fitting and dealing of hearing aids shall be set by the State Board of Health at rates not less than the following schedule: |Application for a Temporary Permit$ 15.00Examination Fee35.00Renewal of a License50.00Renewal within thirty-day grace period75.00Renewal after expiration100.00Any fee schedule changes must be submitted to the Legislature for approval or rejection under the Administrative Procedures Act. Applicants for examinations shall be responsible for the full cost of examinations, re-examinations, and background checks relating to licensing and certification.Added by Laws 1980, c. 230, § 2, eff. July 1, 1980. Amended by Laws 2015, c. 15, § 1, eff. Nov. 1, 2015.
63 OK Stat § 63-1-1752 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1752. Abolition of Board of Hearing Aid Dealers and Fitters.

|The Board of Hearing Aid Dealers and Fitters is hereby abolished. All unexpended funds within the Hearing Aid Dealers' and Fitters' Licensing Fund, property, records and any outstanding financial obligation and encumbrance of the Board of Hearing Aid Dealers and Fitters are hereby transferred to the State Department of Health. |Laws 1980, c. 230, § 3, eff. July 1, 1980.
63 OK Stat § 63-1-1754 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1754. Renewal of permit or license.

|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. |Laws 1980, c. 230, § 5, eff. July 1, 1980.
63 OK Stat § 63-1-1900.1 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1900.1. Long-Term Care Reform and Accountability Act of 2001.

|A. This act shall be known and may be cited as the “Long-Term Care Reform and Accountability Act of 2001”. |B. The purpose of the Long-Term Care Reform and Accountability Act of 2001 shall be to design, develop and implement policies and procedures that improve the quality of care provided in this state’s long-care delivery system for the elderly and disabled. The purpose of the Long-Term Care Reform and Accountability Act of 2001 shall be accomplished through a series of initiatives.Added by Laws 2001, c. 428, § 1, emerg. eff. June 5, 2001.
63 OK Stat § 63-1-1900.2 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1900.2. Waiver of Nursing Home Care Act provisions and rules.

|A. It is the intent of the Legislature to foster the development of resident autonomy, individualization and culture change in nursing facilities licensed by the State Department of Health. |B. The Commissioner of Health is authorized to waive any provision of the Nursing Home Care Act and any rules promulgated pursuant thereto, provided:1. The waiver will not cause the State of Oklahoma to fail to comply with any applicable requirements established by the Centers for Medicare and Medicaid Services;2. The waiver is granted to allow a nursing facility to satisfy the spirit of a statutory or administrative requirement by alternative means;3. The waiver will not adversely affect the health, safety or welfare of any resident of a nursing facility; and4. The waiver is in support of a deinstitutionalization model that restores individuals to a self-contained residence in the community that is designed like a private home and houses no more than twelve individuals.C. The State Board of Health shall promulgate rules and establish procedures necessary to implement the waiver process established by this section.Added by Laws 2007, c. 28, § 1.
63 OK Stat § 63-1-1901 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1901. Short title.

|This act shall be known and may be cited as the "Nursing Home Care Act". |Laws 1980, c. 241, § 1, eff. Oct. 1, 1980.
63 OK Stat § 63-1-1903 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1903. License required - Exemptions - Practice of healing arts not authorized – Application of act to facilities not receiving public funds.

|A. No person shall establish, operate, or maintain in this state any nursing facility without first obtaining a license as required by the Nursing Home Care Act. |B. The Nursing Home Care Act shall not apply to residential care homes, assisted living facilities or adult companion homes which are operated in conjunction with a nursing facility, a home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a medical foster home in which care is provided exclusively to three or fewer veterans, or to hotels, motels, boarding houses, rooming houses, or other places that furnish board or room to their residents.C. Each Oklahoma Veterans Center nursing facility licensed pursuant to the provisions of this section shall be regulated as an existing nursing facility for the purposes of meeting state and federal standards.D. Certificate of need review shall not be required for any addition, deletion, modification or new construction of current or future State Veterans Center nursing facilities.E. The Nursing Home Care Act shall not authorize any person to engage in any manner in the practice of the healing arts or the practice of medicine, as defined by law.F. The Nursing Home Care Act shall not apply to a facility which is not charging or receiving periodic compensation for services rendered, and not receiving any county, state, or federal assistance.Added by Laws 1980, c. 241, § 3, eff. Oct. 1, 1980. Amended by Laws 1984, c. 128, § 3, eff. Nov. 1, 1984; Laws 1987, c. 98, § 23, emerg. eff. May 20, 1987; Laws 1991, c. 127, § 2, emerg. eff. April 29, 1991; Laws 1993, c. 234, § 2, eff. July 1, 1993; Laws 1993, c. 360, § 7, eff. July 1, 1993; Laws 2003, c. 89, § 1, emerg. eff. April 15, 2003; Laws 2012, c. 12, § 3, emerg. eff. April 5, 2012; Laws 2013, c. 379, § 1, emerg. eff. May 29, 2013.NOTE: Laws 1993, c. 159, § 17 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993.
63 OK Stat § 63-1-1908 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1908. Fire safety standards - Vendor payments.

|A. No facility shall be licensed to operate or continue to operate unless, in addition to compliance with other current licensure requirements, the building is of one-hour fire resistant construction and approved by the Department and the State Fire Marshal. If the building is not of one-hour fire resistant construction in addition to the other current licensure requirements, the facility must be approved by the State Department of Health and the State Fire Marshal. In addition, the facility must have an approved automatic sprinkler system, as rated and approved by the National Fire Protection Association Standards. |B. Each facility that proposes an increase in beds, whether through new construction or modification, shall submit construction plans to the Department for review prior to the start of construction. The Department may assess a fee for such review in an amount not more than two one-hundredths percent (0.02%) or One Thousand Dollars ($1,000.00), whichever is the least amount, per project of the total construction cost of the facility or modification. The maximum fee for plan review for a ten-bed or ten percent (10%) expansion project authorized under subsection C of Section 1-852 of this title shall be One Thousand Dollars ($1,000.00). The State Board of Health shall promulgate rules for submission and resubmission of construction plans to ensure the timely review of such plans by the Department.C. The Department of Human Services and the Oklahoma Health Care Authority shall not make a vendor payment to any individual or facility on behalf of any person for medical care rendered in the form of nursing service outside such person's home, unless such individual or facility holds a current nursing facility, continuum of care facility, assisted living, or adult day care license issued by the Commissioner or other state agency authorized to issue such license.Added by Laws 1980, c. 241, § 8, eff. Oct. 1, 1980. Amended by Laws 1997, c. 223, § 8, emerg. eff. May 20, 1997; Laws 2004, c. 436, § 11, emerg. eff. June 4, 2004.
63 OK Stat § 63-1-1908.1 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1908.1. Funding source for temporary managers, state monitors or receivers – Nursing Facility Administrative Penalties Fund.

|A. The Oklahoma Health Care Authority shall amend the state Medicaid plan to provide a funding source for payment of temporary managers, state monitors or receivers in facilities certified to provide long-term care services under Medicaid, upon request of the State Department of Health, pursuant to 42 U.S.C.A., Section 1396r(h)(z). |B. There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the “Nursing Facility Administrative Penalties Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Department of Health from administrative penalties imposed under the Nursing Home Care Act. Monies collected as a result of administrative penalties imposed under the Nursing Home Care Act shall be deposited into the fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the protection of health or property of residents of nursing and specialized nursing facilities that have been placed under temporary managers, state monitors or receivers requested by the Department, including, but not limited to, the following purposes:1. Relocation expenses incurred by the Department, in the event of closure of a facility;2. Maintenance of facility operation pending correction of deficiencies or closure, such as temporary management, state monitor or receivership, in the event that the revenues of the facility are insufficient; or3. The costs associated with informational meetings held by the Department with residents, family members, and interested parties in an affected community where the Department proceeds with appointment of a temporary manager, state monitor or receivership petition.Added by Laws 1995, c. 230, § 10, eff. July 1, 1995. Amended by Laws 2002, c. 230, § 5, eff. Nov. 1, 2002.
63 OK Stat § 63-1-1909 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1909. Documents and papers required to be displayed.

|Every long-term care facility as defined by Section 3 of this act shall conspicuously post for display in an area of its offices accessible to residents, employees and visitors the following: |1. Its current license;2. A description, provided by the State Department of Health, of complaint procedures established under this act and the name, address and telephone number of a person authorized by the Department to receive complaints. A copy of the complaint procedure shall also be given to each resident or in certain cases, the court appointed guardian;3. A copy of any order pertaining to the facility issued by the Department or a court which is currently in effect;4. A copy of any notification from the local law enforcement authority of the registration of any person residing in the facility who is required to register pursuant to the provisions of the Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act; and5. A list of the material available for public inspection under Section 1-1910 of this title.Added by Laws 1980, c. 241, § 9, eff. Oct. 1, 1980. Amended by Laws 2005, c. 465, § 1, emerg. eff. June 9, 2005.
63 OK Stat § 63-1-1910 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-1910. Records required to be retained for public inspection.

|A facility shall retain the following for public inspection: |1. A complete copy of every inspection report of the facility received from the Department during the past three (3) years;2. A copy of every order pertaining to the facility issued by the Department or a court during the past three (3) years;3. A description of the services provided by the facility and the rates charged for those services and items for which a resident may be separately charged;4. A copy of the statement of ownership;5. A record of personnel who are licensed, certified or registered and employed or retained by the facility who are responsible for patient care; and6. A complete copy of the most recent inspection report of the facility received from the Department.Laws 1980, c. 241, § 10, eff. Oct. 1, 1980.