reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.7A. Refusal to make anatomical gift - Effect of refusal.

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
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.
Added by Laws 2009, c. 139, § 7, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.8A. Preclusive effect of anatomical gift, amendment, or revocation.

A. Except as otherwise provided in subsection G of this section and subject to subsection F of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under Section 5 of this act or an amendment to an anatomical gift of the donor’s body or part under Section 6 of this act.
B. A donor’s revocation of an anatomical gift of the donor’s body or part under Section 6 of this act is not a refusal and does not bar another person specified in Section 4 or 9 of this act from making an anatomical gift of the donor’s body or part under Section 5 or 10 of this act.
C. If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under Section 5 of this act or an amendment to an anatomical gift of the donor’s body or part under Section 6 of this act, another person may not make, amend, or revoke the gift of the donor’s body or part under Section 10 of this act.
D. A revocation of an anatomical gift of a donor’s body or part under Section 6 of this act by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Section 5 or 10 of this act.
E. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 4 of this act, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
F. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Section 4 of this act, an anatomical gift of a part for one or more of the purposes set forth in Section 4 of this act is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Section 5 or 10 of this act.
G. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.
H. If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.
Added by Laws 2009, c. 139, § 8, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.9A. Persons authorized to make anatomical gift of decedent's body or part.

A. Subject to subsections B and C of this section and unless barred by Section 7 or 8 of this act, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
1. An agent of the decedent at the time of death who could have made an anatomical gift under paragraph 2 of Section 4 of this act immediately before the decedent’s death;
2. The spouse of the decedent;
3. Adult children of the decedent;
4. Parents of the decedent;
5. Adult siblings of the decedent;
6. Adult grandchildren of the decedent;
7. Grandparents of the decedent;
8. An adult who exhibited special care and concern for the decedent;
9. The persons who were acting as the guardians of the person of the decedent at the time of death; and
10. Any other person having the authority to dispose of the decedent’s body.
B. If there is more than one member of a class listed in paragraph 1, 3, 4, 5, 6, 7 or 9 of subsection A of this section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to whom the gift may pass under Section 11 of this act knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
C. A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection A of this section is reasonably available to make or to object to the making of an anatomical gift.
Added by Laws 2009, c. 139, § 9, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.10A. Manner of making, amending, or revoking anatomical gift of decedent's body or part.

A. A person authorized to make an anatomical gift under Section 9 of this act may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
B. Subject to subsection C of this section, an anatomical gift by a person authorized under Section 9 of this act may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Section 9 of this act may be:
1. Amended only if a majority of the reasonably available members agree to amending the gift; or
2. Revoked only if a majority of the members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
C. A revocation under subsection B of this section is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
Added by Laws 2009, c. 139, § 10, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.12A. Search and notification.

A. The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
1. A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and
2. If no other source of the information is immediately available, a hospital, as soon as practical after the individual’s arrival at the hospital.
B. If a document of gift or a refusal to make an anatomical gift is located by the search required by paragraph 1 of subsection A of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
C. A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
Added by Laws 2009, c. 139, § 12, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.13A. Delivery of document of gift not required - Right to examine.

A. A document of gift need not be delivered during the donor’s lifetime to be effective.
B. Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Section 11 of this act.
Added by Laws 2009, c. 139, § 13, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.16A. Sale or purchase of parts prohibited - Reasonable fees.

A. Except as otherwise provided in subsection B of this section, a person that, for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual’s death commits a felony and upon conviction is subject to a fine of not more than Fifty Thousand Dollars ($50,000.00) or imprisonment for not more than five (5) years, or both such fine and imprisonment.
B. A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
Added by Laws 2009, c. 139, § 16, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.17A. Falsification, etc. of document of gift for financial gain - Penalties.

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine of not more than Fifty Thousand Dollars ($50,000.00) or imprisonment for not more than five (5) years, or both such fine and imprisonment.
Added by Laws 2009, c. 139, § 17, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.18A. Immunity.

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 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.
Added by Laws 2009, c. 139, § 18, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.19A. Law governing validity and interpretation - Presumption of validity.

A. A document of gift is valid if executed in accordance with:
1. This act;
2. The laws of the state or country where it was executed; or
3. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
B. If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
C. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
Added by Laws 2009, c. 139, § 19, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.21A. Effect of anatomical gift on advance health care directive.

A. As used in this section:
1. “Advance health care directive” means a power of attorney for health care or a record signed or authorized by a prospective donor containing the prospective donor’s direction concerning a health care decision for the prospective donor;
2. “Declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor; and
3. “Health care decision” means any decision regarding the health care of the prospective donor.
B. If a prospective donor has a declaration or advance health care directive and the terms of the declaration or directive and the express or implied terms of a potential anatomical gift are in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, the prospective donor’s attending physician and prospective donor shall confer to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting under the prospective donor’s declaration or directive, or, if none or the agent is not reasonably available, another person authorized by law other than this act to make health care decisions on behalf of the prospective donor, shall act for the donor to resolve the conflict. The conflict must be resolved as expeditiously as possible. Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift for the prospective donor under Section 9 of this act. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing the measures is not contraindicated by appropriate end-of-life care.
Added by Laws 2009, c. 139, § 21, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.22A. Cooperation between medical examiner and procurement organizations.

A. A medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.
B. If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is going to be performed, unless the medical examiner denies recovery in accordance with Section 23 of this act, the medical examiner or designee shall conduct a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
C. A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a medical examiner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the medical examiner.
Added by Laws 2009, c. 139, § 22, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.25A. Relation to Electronic Signatures in Global and National Commerce Act.

This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Added by Laws 2009, c. 139, § 25, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.27A. Office of Chief Medical Examiner - Compensation from recovery organizations.

Neither the Office of the Chief Medical Examiner nor any employee of the Office of the Chief Medical Examiner of this state shall receive compensation of any kind from any organ, eye or tissue recovery organization except as provided in subsection G of Section 23 of this act.
Added by Laws 2009, c. 139, § 27, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.31. Civil actions against covered entities.

A. Whenever it appears that a covered entity has violated or is in violation of any of the provisions of this act, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with this act. The action may be brought in the district court for the county where the affected individual resides or resided or was denied the organ transplant or referral.
B. In an action brought under this act, the court shall give priority on its docket and expedited review, and may grant injunctive or other equitable relief including:
1. Requiring auxiliary aids or services to be made available for a qualified recipient;
2. Requiring the modification of a policy, practice or procedure of a covered entity; or
3. Requiring facilities be made readily accessible to and usable by a qualified recipient.
C. Nothing in this act is intended to limit or replace available remedies under the Americans with Disabilities Act or any other applicable law.
D. This act does not create a right to compensatory or punitive damages against a covered entity.
Added by Laws 2021, c. 87, § 4, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2200.32. Prohibited actions by health carriers.

A. For purposes of this section:
1. "Covered person" means a policyholder, subscriber, enrollee, member or individual covered by a health benefit plan;
2. "Health benefit plan" means a policy, contract, certificate, or agreement entered into, offered or issued by a health carrier to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services. Health benefit plan shall not include a plan providing coverage for excepted benefits and short term policies that have a term of less than twelve (12) months; and
3. "Health carrier" means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the Insurance Commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services including through a health benefit plan as defined in this section, and shall include a sickness and accident insurance company, a health maintenance organization, a preferred provider organization or any similar entity, or any other entity providing a plan of health insurance or health benefits.
B. A health carrier that provides coverage for anatomical gifts, organ transplants or related treatment and services shall not:
1. Deny coverage to a covered person solely on the basis of the person's disability;
2. Deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the health benefit plan, solely for the purpose of avoiding the requirements of this section;
3. Penalize or otherwise reduce or limit the reimbursement of an attending provider, or provide monetary or nonmonetary incentives to an attending provider, to induce such provider to provide care to an insured or enrollee in a manner inconsistent with this section; or
4. Reduce or limit coverage benefits to a patient for the medical services or other services related to organ transplantation performed pursuant to this section as determined in consultation with the attending physician and patient.
C. In the case of a health benefit plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement imposed pursuant to this section shall not be treated as a termination of the collective bargaining agreement.
D. Nothing in this section shall be construed to require a health carrier to provide coverage for a medically inappropriate organ transplant.
E. The Insurance Commissioner shall promulgate rules to implement the provisions of this section.
Added by Laws 2021, c. 87, § 5, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2211. Donor notation on driver license.

In order to provide an expeditious procedure for a person to make a gift of all or part of the body of the person pursuant to the provisions of the Uniform Anatomical Gift Act, Service Oklahoma shall make space available on the front and back of the driver license and the identification card for an organ and tissue donor notation. The donor notation shall identify the licensee or cardholder as an organ and tissue donor for the purposes of the Uniform Anatomical Gift Act. Any person may have the organ and tissue donor notation removed from the records of the person maintained by Service Oklahoma by notifying Service Oklahoma in writing or by presenting the license or identification card to Service Oklahoma or a licensed operator for replacement and payment of the appropriate fee, pursuant to the provisions of Section 6-114 or subsection H of Section 6-105 of Title 47 of the Oklahoma Statutes, and informing Service Oklahoma or the licensed operator that the person desires to have the organ and tissue donor notation removed from the license or identification card.
Added by Laws 1983, c. 173, § 1, eff. Jan. 1, 1984. Amended by Laws 1987, c. 2, § 1, eff. Nov. 1, 1987; Laws 1992, c. 217, § 18, eff. July 1, 1992; Laws 2004, c. 395, § 3, eff. July 1, 2004; Laws 2022, c. 282, § 196, emerg. eff. May 19, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2220.1. Short title.

This act shall be known and may be cited as the “Cheryl Selman Organ Donor Education and Awareness Act”. Any references in the statutes to the Oklahoma Organ Donor Education and Awareness Program Act shall be deemed references to the Cheryl Selman Organ Donor Education and Awareness Act.
There is hereby created the Organ Donor Education and Awareness Program (ODEAP), the purpose of which shall be to promote and encourage organ donor education and awareness in this state.
Added by Laws 2000, c. 279, § 1, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2220.2. Organ donor education and awareness programs.

A. The State Department of Health and the State Department of Education, giving consideration to the recommendations of the Advancement of Wellness Advisory Council created in Section 44 of this act, shall develop organ donor education awareness programs to educate the general public on the importance of organ donation and shall recommend priorities in the expenditures from the Oklahoma Organ Donor Education and Awareness Program Fund.
B. In administering this act, the State Department of Health and the State Department of Education are authorized, but not limited to:
1. Develop and implement educational programs and campaigns to increase organ donation in Oklahoma;
2. Make policy recommendations for the promotion of organ donation in Oklahoma;
3. Recommend priorities in the expenditures from the Oklahoma Organ Donor Education Program Fund;
4. Accept and hold property; and
5. Utilize local resources including volunteers when appropriate.
C. The State Department of Health and the State Department of Education shall annually submit to the Governor and the Legislature a report detailing its expenditures of fund monies, its activities, the status of organ donation in the state, and any recommendations for legislative changes by the first day of December beginning December 1, 2002.
Added by Laws 2000, c. 279, § 2, eff. Nov. 1, 2000. Amended by Laws 2013, c. 229, § 75, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2220.4. Income tax return contributions.

A. Each individual taxpayer required to file a state income tax return who desires to contribute to the Oklahoma Organ Donor Education and Awareness Program Fund, as created in Section 2220.3 of this title, may designate the contribution on the appropriate income tax form. The contribution may not increase or decrease the income or liability of the taxpayer and may be made by reducing the income tax refund of a taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate.
B. 1. The Oklahoma Tax Commission shall include on each state individual income tax return form for tax years beginning after December 31, 2001, an opportunity for the taxpayer to donate for the benefit of the Oklahoma Organ Donor Education and Awareness Program Fund. The instructions accompanying the income tax form shall be provided to the Oklahoma Tax Commission by the State Department of Health and shall contain a description of the purpose for which the Oklahoma Organ Donor Education and Awareness Program Revolving Fund was established and information on the use of monies from the income tax contribution.
2. Taxpayers who are entitled to refunds shall have the refunds reduced by the amount designated by the taxpayer. The Oklahoma Tax Commission shall annually determine the total amount designated plus the amount received in excess payments and shall report the total amount to the Office of the State Treasurer. The State Treasurer shall credit the total amount to the Oklahoma Organ Donor Education and Awareness Program Fund created in Section 2220.3 of this title at the earliest possible time.
C. The incremental cost of administration of contributions shall be paid out of the fund to the Oklahoma Tax Commission from amounts received pursuant to this section before funds are expended for the purposes of the fund.
Added by Laws 2000, c. 279, § 4, eff. Nov. 1, 2000. Amended by Laws 2001, c. 358, § 27, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2220.5. Driver license or identification applications - Voluntary contributions.

A. 1. An applicant for an original or replacement driver license or identification card shall be given an opportunity to make a voluntary contribution of One Dollar ($1.00) to be credited to the Oklahoma Organ Donor Education and Awareness Program Revolving Fund established in Section 2220.3 of this title. Any voluntary contribution shall be added to the driver license or identification card fee and then be referred to the State Treasurer and credited to the Oklahoma Organ Donor Education and Awareness Program Revolving Fund as provided in Section 2220.3 of this title.
2. An applicant for a vehicle title or transfer of title or for a vehicle license plate shall be given an opportunity to make a minimum voluntary contribution of One Dollar ($1.00) to be credited to the Oklahoma Organ Donor Education and Awareness Program Revolving Fund established in Section 2220.3 of this title. Any voluntary contribution shall be added to the title or license plate fee and then be referred to the State Treasurer and credited to the Oklahoma Organ Donor Education and Awareness Program Revolving Fund as provided in Section 2220.3 of this title.
3. The contribution prescribed in this section is voluntary and may be refused by the applicant. Service Oklahoma shall make available an information booklet or other informational sources on the importance of organ donation to applicants for licensure, as designed and provided by the State Department of Health and the State Superintendent of Public Instruction.
B. Service Oklahoma and licensed operators shall inquire of each applicant at the time of presentation of a completed application for an original driver license or identification card whether the applicant is interested in making the One Dollar ($1.00) contribution prescribed in subsection A of this section and whether the applicant is interested in being an organ and tissue donor. Service Oklahoma or licensed operators shall also specifically inform the applicant of the ability to make an organ and tissue donation. Service Oklahoma shall notify the State Commissioner of Health of the name, address, date of birth, and driver license number or identification card number of applicants who indicate that they are interested in being an organ donor.
C. The incremental cost of administration of contributions to the fund, not to exceed one percent (1%) of the monies received pursuant to the provisions of this section, shall be paid by the fund to Service Oklahoma from amounts received pursuant to the provisions of this section before funds are expended for the purposes of the fund.
Added by Laws 2000, c. 279, § 5, eff. Nov. 1, 2000. Amended by Laws 2001, c. 131, § 14, eff. July 1, 2001; Laws 2004, c. 395, § 4, eff. July 1, 2004; Laws 2013, c. 229, § 77, eff. Nov. 1, 2013; Laws 2022, c. 282, § 198, emerg. eff. May 19, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2220.6. Education and awareness curricula for elementary and secondary schools.

The State Superintendent of Public Instruction shall develop and implement in conjunction with the State Department of Health an organ donor education and awareness curriculum for use in the elementary and secondary schools of this state. The State Board of Education shall promulgate rules to enact the provisions of this section not later than the 2001-2002 school year.
Added by Laws 2000, c. 279, § 6, eff. Nov. 1, 2000. Amended by Laws 2013, c. 229, § 78, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2351. Definitions.

As used in this act:
1. "Safety glazing material" means any glazing material, such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of ANSI Standard Z-97.1-1966 and such further requirements as may be adopted by the State Health Department after notice and hearing as required by the Administrative Procedures Act, and which are so constructed, treated or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material.
2. "Hazardous locations" means those installations, glazed or to be glazed in commercial and public buildings, known as framed or unframed glass extrance doors; and those installations, glazed or to be glazed in residential buildings and other structures used as dwellings, commercial buildings, and public buildings, known as sliding glass doors, storm doors, shower doors, bathtub enclosures, and fixed glazed panels adjacent to entrance and exit doors which because of their location present a barrier in the normal path traveled by persons going into or out of these buildings, and because of their size and design may be mistaken as means of ingress or egress; and any other installation, glazed or to be glazed, wherein the use of other than safety glazing materials would constitute an unreasonable hazard as the State Department of Health may determine after notice and hearings as required by the Administrative Procedures Act; whether or not the glazing in such doors, panels, enclosures and other installations is transparent.
Added by Laws 1971, c. 217, § 1, eff. Jan. 1, 1972.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2352. Labeling.

Each light of safety glazing material manufactured, distributed, imported or sold for use in hazardous locations or installed in such a location within the State of Oklahoma shall be permanently labeled by such means as etching, sandblasting or firing ceramic material on the safety glazing material. The label shall identify the labeler, whether manufacturer, fabricator or installer, and the nominal thickness and the type of safety glazing material and the fact that said material meets the test requirements of ANSI Standard Z-97.1-1966 and such other further requirements as may be adopted by the State Health Department. The label must be legible and visible after installation. Such safety glazing labeling shall not be used on other than safety glazing materials.
Added by Laws 1971, c. 217, § 2, eff. Jan. 1, 1972.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2353. Safety glazing materials required in hazardous locations.

It shall be unlawful within the State of Oklahoma to knowingly sell, fabricate, assemble, glaze, install, consent or cause to be installed glazing material other than safety glazing materials in, or for use in, any hazardous location as defined in Section 1, paragraph 2.
Added by Laws 1971, c. 217, § 3, eff. Jan. 1, 1972.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2356. Penalties.

Whoever violates the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof, shall be sentenced to pay a fine of not less than Five Hundred Dollars ($500.00) or imprisonment of not more than one (1) year, or both.
Added by Laws 1971, c. 217, § 6, eff. Jan. 1, 1972.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2407. Short title.

Sections 2407 through 2415 of this title shall be known and may be cited as the "Oklahoma Legal Interpreter for the Deaf and Hard-of-Hearing Act".
Added by Laws 1982, c. 290, § 1. Amended by Laws 2005, c. 395, § 1, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2408. Definitions.

As used in the Oklahoma Legal Interpreter for the Deaf and Hard-of-Hearing Act:
1. "Deaf person" or "hard-of-hearing person" means an individual whose sense of hearing is nonfunctional for the ordinary purposes of life, and also may include a person who is deaf-blind, meaning a deaf or hard-of-hearing person whose vision is also nonfunctional for the ordinary purposes of life;
2. "Qualified legal interpreter" means:
a.
an individual certified by the State Board of Examiners of Certified Courtroom Interpreters, or
b. (1)
an individual who possesses the knowledge and skills necessary to accurately and impartially interpret spoken English into the equivalent visual languages and modes, and currently certified by the National Registry of Interpreters for the Deaf (RID) as one of the following:
(a)
Specialist Certificate: Legal (SC:L). In the event none are available, then
(b)
Another RID national certification, including, but not limited to, the National Interpreter Certification (NIC), Certificate of Interpretation and Certificate of Transliteration (CI & CT), or Comprehensive Skills Certificate (CSC),
(2)
an individual who possesses the knowledge and skills necessary to accurately and impartially transliterate for a person who is oral or nonsigning using the equivalent oral or captioned mode, and is currently certified by the National Registry of Interpreters for the Deaf as one of the following:
(a)
Specialist Certificate: Legal (SC:L). In the event none are available, then
(b)
Another RID national certification, including, but not limited to, the NIC, Certificate of Interpretation and Certificate of Transliteration (CI & CT), or Comprehensive Skills Certificate (CSC),
(c)
In the event none are available, or at the request of the deaf individual, then a recognized national or state certifying body of captionists, or a court reporter who is able to provide real time captioning, or
(3)
an individual who:
(a)
is deaf or hard-of-hearing who possesses the knowledge, skills, specialized training and experience to enhance communication with persons who are deaf or hard-of-hearing and whose communication modes are so unique that they cannot be adequately assessed by interpreters who are hearing, and
(b)
holds the following qualifications as a deaf interpreter: National Registry of Interpreters for the Deaf, Certified Deaf Interpreter (CDI); in the event none are available, then an Oklahoma QAST Deaf Evaluator may be utilized; and
3. "Appointing authority" means any court, department, board, commission, agency, licensing authority, political subdivision or municipality of the state.
Added by Laws 1982, c. 290, § 2. Amended by Laws 2005, c. 395, § 2, eff. Nov. 1, 2005; Laws 2023, c. 179, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2409. Appointment of interpreter in court action or grand jury 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.
Added by Laws 1982, c. 290, § 3. Amended by Laws 1989, c. 194, § 1, eff. Nov. 1, 1989; Laws 1995, c. 73, § 2, emerg. eff. April 12, 1995; Laws 2005, c. 395, § 3, eff. Nov. 1, 2005; Laws 2023, c. 179, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2410. Arrests - Appointment of interpreter.

A. In the event a person who is deaf or hard-of-hearing is arrested and taken into custody for any alleged violation of a criminal law of this state or for civil contempt, a qualified legal interpreter shall be obtained through any interpreter service agency providing qualified legal interpreting services for the deaf and hard-of-hearing or with individuals who meet the qualifications for a qualified legal interpreter in order to communicate to the person that person’s legal rights and to interview and interrogate properly. No statement taken from such deaf or hard-of-hearing person before a qualified legal interpreter is present shall be admissible in court. The individual who is deaf or hard-of-hearing shall determine which type of qualified legal interpreter best fits the needs of the individual.
B. The provisions of this section shall be construed in conjunction with Sections 1 through 10 of Senate Bill No. 779 of the 1st Session of the 50th Oklahoma Legislature, if that bill is enacted.
Added by Laws 1982, c. 290, § 4. Amended by Laws 2005, c. 395, § 4, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2411. Administrative proceedings - Appointment of interpreter.

In any proceeding before any department, board, commission, agency or licensing authority of the state, in any political subdivision or municipality, wherein any deaf or hard-of-hearing person is a defendant, applicant, spectator as required by subtitle A of Title II of the Americans with Disabilities Act, Pub. L. 101-336, complainant, principal witness or party, such department, board, commission, agency, licensing authority, political subdivision or municipality shall appoint a qualified legal interpreter upon request of the deaf or hard-of-hearing individual. The individual who is deaf or hard-of-hearing shall determine which type of qualified legal interpreter best fits the needs of the individual. It shall be the duty of the appointing authority to inform the deaf or hard-of-hearing person of the rights of that person to the services of an interpreter.
Added by Laws 1982, c. 290, § 5. Amended by Laws 1989, c. 194, § 2, eff. Nov. 1, 1989; Laws 2005, c. 395, § 5, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2412. Notice of necessity of interpreter - Proof of hearing 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 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.
Added by Laws 1982, c. 290, § 6. Amended by Laws 2005, c. 395, § 6, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2413. Request for interpreter.

It shall be the responsibility of the appointing authority to request interpreter services through any interpreter service agency providing qualified legal interpreting services for the deaf and hard-of-hearing or with individuals who meet the qualifications for a qualified legal interpreter.
Added by Laws 1982, c. 290, § 7. Amended by Laws 1986, c. 7, § 3, eff. July 1, 1986; Laws 1995, c. 73, § 3, emerg. eff. April 12, 1995; Laws 2005, c. 395, § 7, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2413.1. Contracts with employees of other state agencies for interpreter services.

Any agency of this state that requires the services of a qualified interpreter for a deaf person is authorized to enter into contracts with employees of other state agencies if the work hours of employment would not be contemporaneous except as otherwise authorized by the agency who is the employer of such interpreter.
Added by Laws 1988, c. 69, § 1, emerg. eff. March 25, 1988.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2414. Oath or affirmation of true interpretation.

Before a qualified legal interpreter may participate in any proceedings under the provisions of the Oklahoma Legal Interpreter for the Deaf and Hard-of-Hearing Act, such interpreter shall make an oath or affirmation that the interpreter will make a true interpretation in the manner most readily understood by the person who is deaf or hard-of-hearing.
Added by Laws 1982, c. 290, § 8. Amended by Laws 2005, c. 395, § 8, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2415. Interpreter’s fees – Recess periods.

A. A qualified legal interpreter appointed under the provisions of the Oklahoma Legal Interpreter for the Deaf and Hard-of-Hearing Act shall be entitled to the prevailing rate for qualified legal interpreters in this state; provided, any interpreter who is appointed pursuant to Section 2409 or 2410 of this title shall be paid in accordance with the fee schedule established pursuant to Section 7 of Senate Bill No. 779 of the 1st Session of the 50th Oklahoma Legislature, if that bill is enacted. Prior to the establishment of a fee schedule or if Senate Bill No. 779 of the 1st Session of the 50th Oklahoma Legislature is not enacted, payment shall be the prevailing rate for qualified legal interpreters in this state. When the interpreter is appointed by a court, the fee shall be paid out of the local court fund as provided for in Section 1304 of Title 20 of the Oklahoma Statutes and when the interpreter is otherwise appointed, the fee shall be paid by the appointing authority. The person for whom the interpreter is appointed shall not be assessed a reimbursement fee.
B. The appointing authority shall provide recess periods as necessary for the qualified legal interpreter as determined by the interpreter.
Added by Laws 1982, c. 290, § 9. Amended by Laws 1989, c. 194, § 3, eff. Nov. 1, 1989; Laws 1995, c. 73, § 4, emerg. eff. April 12, 1995; Laws 1999, c. 11, § 1, emerg. eff. April 5, 1999; Laws 2005, c. 395, § 9, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2416. Short title.

This act shall be known and may be cited as the "Telecommunications for the Deaf and Hard-of-Hearing Act".
Added by Laws 1986, c. 183, § 1, eff. July 1, 1986. Amended by Laws 1998, c. 246, § 24, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2417. Duties and responsibilities of State Department of Rehabilitation Services.

The State Department of Rehabilitation Services is hereby directed to:
1. Provide for the availability, distribution and maintenance, at no cost to qualified individuals with hearing or speech disabilities, or both, telecommunication devices and ring-signaling devices compatible with the telecommunications relay services for deaf or hard-of-hearing and speech-impaired individuals requirements of the Americans with Disabilities Act of 1990 and regulations promulgated thereunder; and
2. Design and implement a needs assessment test so that individuals with hearing or speech disabilities, or both, are benefited by this program. Provided, however, that no equipment and maintenance shall be provided without charge for those individuals meeting more than two hundred percent (200%) of the income guidelines for food stamps. The State Department of Rehabilitation Services shall develop a sliding scale to provide equipment and maintenance to individuals exceeding the needs test specified by this paragraph.
Added by Laws 1986, c. 183, § 2, eff. July 1, 1986. Amended by Laws 1993, c. 364, § 19, emerg. eff. June 11, 1993; Laws 1994, c. 315, § 13, eff. July 1, 1994; Laws 1998, c. 246, § 25, eff. Nov. 1, 1998.