reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-103. Post mortem caesarian section - Right to perform - Nonliability of physician and hospital.

It shall be lawful for a physician, legally qualified to practice in the State of Oklahoma, to perform a post mortem caesarian section upon any female who is the victim of accidental death, who at the time of said death, is in the advanced stages of pregnancy and where said physician has reason to believe, following immediate and due examination, that said child is viable in the mother. In the performance of a caesarian section, under such circumstances, the physician and the institution or hospital where such operation is performed, shall not be liable, either civilly or criminally, though performed without the consent by those in whom the law has recognized a legal right of the possession of the body of the deceased, provided the operation be performed in good faith and with due skill and without unnecessary injury or mutilation. Provided, however, said operation shall not be performed over the protest of those in whom the law has recognized a legal right to the possession of the body of the said deceased.
Added by Laws 1943, p. 134, § 1.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-104. Nonliability of physician for failure to perform.

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.
Laws 1943, p. 134, § 2.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-109. Anatomical Donor Program Registration Act.

A. This section shall be known and may be cited as the "Anatomical Donor Program Registration Act".
B. The State Anatomical Board shall register all anatomical donor programs and non-transplant tissue banks in the state which meet the requirements of the Anatomical Donor Program Registration Act.
C. Before an anatomical donor program or a non-transplant tissue bank may receive whole body or partial body donations from any person or entity inside or outside the state, the anatomical donor program or non-transplant tissue bank shall register with the Board.
D. The Board shall specify the eligibility requirements for registration as an anatomical donor program or non-transplant tissue bank which, at a minimum, shall require such entities to be non-profit organizations.
E. The Board shall prescribe rules of conduct governing the practice of anatomical donor programs or non-transplant tissue banks registered pursuant to the Anatomical Donor Program Registration Act.
F. In order to address persons or entities which violate the provisions of the Anatomical Donor Program Registration Act or any rules promulgated thereto, the Board may:
1. Deny the issuance of a registration or suspend, revoke, or refuse to renew the registration of an anatomical donor program or non-transplant tissue bank, provided, however, that the Board may review, affirm, vacate, or modify a determination to deny, suspend, revoke, or refuse registration if the anatomical donor program or non-transplant tissue bank takes corrective actions;
2. Establish and administer administrative fines;
3. Initiate disciplinary or injunctive proceedings; and
4. Report alleged violations to the Attorney General or a district attorney as appropriate for further investigation or prosecution.
G. The Board shall report any violation it observes of the Oklahoma Uniform Anatomical Gift Act to the State Department of Health for further investigation and appropriate action.
H. The Board shall keep accurate and complete records of any proceedings initiated under the Anatomical Donor Program Registration Act.
I. The Board may issue a temporary registration to an anatomical donor program or non-transplant tissue bank which was previously registered but whose facilities were destroyed or damaged in order that, when appropriate safeguards are in place, the anatomical donor program or non-transplant tissue bank may continue to operate. During the effective period of the temporary registration, the Board may waive certain requirements if the anatomical donor program or non-transplant tissue bank is making a good faith effort to rebuild and restore its operations in order to meet all registration requirements.
J. The Board may maintain an office or secure facilities as deemed necessary by the Board in order to implement the Anatomical Donor Program Registration Act.
K. The Board shall promulgate rules as necessary to implement the provisions of the Anatomical Donor Program Registration Act.
Added by Laws 2012, c. 119, § 2, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-121.1. Definitions.

A. For purposes of this chapter:
1. "Explosive" means any chemical compound or mechanical mixture that is commonly used or which is intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, by chemical reaction, or by detonation of any part of the compound or mixture may cause gaseous pressures capable of producing destructive effects on contiguous objects or of destroying life or limb. Provided, that dynamite, nitroglycerin, gunpowder, blasting powder and trinitrotoluene shall be deemed explosives without further proof of their explosive nature. The term "explosive" shall also include all material which is classified as explosive by the United States Department of Transportation. The term "explosive" shall not include explosives in the forms prescribed in the official UNITED STATES PHARMACOPOEIA; fireworks as defined by Section 1622 of Title 68 of the Oklahoma Statutes; or small arms ammunition and components therefor, which are subject to the Gun Control Act of 1968 (Title 18, Chapter 44, U.S. Code) and regulations promulgated thereunder;
2. "Blasting agent" means any material or mixture consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated when unconfined by means of a test blasting cap containing two (2) grams of a mixture eighty percent (80%) mercury fulminate and twenty percent (20%) potassium chlorate, or a cap of equivalent strength. The term "blasting agent" shall not include explosives in the forms prescribed in the official UNITED STATES PHARMACOPOEIA; fireworks as defined by Section 1622 of Title 68 of the Oklahoma Statutes; or small arms ammunition and components therefor, which are subject to the Gun Control Act of 1968 (Title 18, Chapter 44, U.S. Code) and regulations promulgated thereunder; and
3. "Person" means any individual, firm, copartnership, corporation, company, association, joint stock association, and includes any trustee, receiver, assignee or personal representative thereof.
Added by Laws 1971, c. 302, § 1, operative July 1, 1971. Amended by Laws 1992, c. 192, § 6, emerg. eff. May 11, 1992; Laws 1995, c. 344, § 1, eff. Nov. 1, 1995. Renumbered from § 141.1 of this title by Laws 1995, c. 344, § 32, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-123.1. Responsibility for administration, regulation and enforcement of blasting operations or activities - Certification of blasters.

A. Pursuant to the Oklahoma Explosives and Blasting Regulation Act, except as otherwise provided by this part, the Department of Mines shall be responsible for the administration, regulation and enforcement of all blasting operations or activities, and the storage and use of all blasting agents and explosives by any person, which is not located within the area of a mining operation or site.
B. Except as otherwise provided by this part, it shall be unlawful for any person to store or use any blasting agents or explosives, or conduct, supervise or control a blasting operation in this state without first complying with the provisions of the Oklahoma Explosives and Blasting Regulation Act and rules promulgated by the Oklahoma Mining Commission.
C. Except as otherwise required by this part, by January 1, 1996:
1. Any person performing blasting activity shall be certified as a blaster by the Department of Mines;
2. All blasting operations shall be conducted under the direction of a certified blaster. Blaster certification may be obtained from the Department upon application and proof of competency as determined by rules of the Department; and
3. Before January 1, 1996, all blasting operations and activities shall be conducted by competent, experienced persons who understand the hazards involved.
D. Any blaster certification issued by the Department shall be carried by the blaster or shall be on file at the blasting area during blasting operations.
E. A blaster and at least one other person shall be present at the firing of a blast.
Added by Laws 1995, c. 344, § 4, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-123.2. Permit to manufacture, store, or use explosives or blasting agents - Records.

A. Except as otherwise provided by this part, it is a violation to manufacture, store, or use explosives or blasting agents without first obtaining a permit from the Department of Mines.
B. Permits issued under this division shall not be transferable, and shall be readily available for inspection by representatives of the Department and law enforcement officials.
C. The Department may place such restrictions and limitations on permits as it deems necessary.
D. The Department may issue one-time or limited-time permits or permits for continuous blasting operations.
E. 1. Permits for continuous blasting operations issued under this division shall be valid for the calendar year after the date of issue unless revoked or suspended. Permits for continuous blasting operations may be renewed on each issuance date and a showing of compliance with the Oklahoma Explosives and Blasting Regulation Act and rules promulgated thereto.
2. Permits for one-time or limited-time permits shall be valid only for the time specified in the permit.
F. Any person holding a permit issued under this division shall keep such records as may be required by the Department. Records shall be maintained for not less than two (2) years following the year in which the record is made. All such records shall be open to inspection by the Department or its representatives during normal business hours.
Added by Laws 1995, c. 344, § 5, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-123.2A. Permit to purchase blasting agents or explosives.

A. No person shall purchase blasting agents or explosives in this state without first obtaining a permit pursuant to the Oklahoma Explosives and Blasting Regulation Act or without first obtaining written notification from the Department of Mines that the person is exempt from this permit requirement.
B. Distributors or sellers of blasting agents or explosives shall require presentation of either the permit or exemption notification required in subsection A of this section before the sale or transfer of blasting agents or explosives.
C. The Oklahoma Mining Commission shall promulgate rules to implement this section.
Added by Laws 1997, c. 140, § 1, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-123.3. Issuance, denial, suspension, or revocation of permits - Hearings - Inspections - Injunctions.

The Department shall enforce the provisions of this division and for such purposes shall:
1. Issue permits to applicants found by the Department, after inspection and investigation, to be qualified for such permit under the provisions of this division and the rules promulgated by the Department;
2. Deny, suspend, or revoke permits upon a finding of noncompliance or violation of the provisions of this division or of the applicable rules of the Department;
3. Hold hearings upon the application of any person aggrieved by any order of the Department with respect to the denial, suspension, or revocation of any permit; and
4. Inspect, during normal business hours, any building, structure, or premises subject to the provisions of this division, and, upon the discovery of any violation of this division or the applicable rules, issue such orders as are necessary for the safety of workers and the public, and, in the case of imminent hazard or emergency, apply for an injunction in the appropriate district court.
Added by Laws 1995, c. 344, § 6, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-123.4. Rules - Fees.

A. The Department of Mines shall promulgate the necessary rules to implement the provisions of this Division. Rules promulgated by the Department shall include but not be limited to requirements for blasting plans, use of explosives, public notices, and records.
B. The Department of Mines may establish a schedule of fees to be charged for applications for or issuance of new and renewed certifications and permits required pursuant to this division. The fees shall be subject to the following provisions:
1. The Department shall follow the procedures required by the Administrative Procedures Act for promulgating rules in establishing or amending any such schedule of fees;
2. The Department shall base its schedule of fees upon the reasonable costs of operating the programs specified by this division; and
3. The fees authorized by this section shall not be implemented by emergency rule but shall be adopted by permanent rules, which shall be submitted to the Legislature for review pursuant to Section 308 of Title 75 of the Oklahoma Statutes prior to implementation.
Added by Laws 1995, c. 344, § 7, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-123.6. Provisions cumulative to other laws and ordinances.

The provisions of this part shall be in addition to any other state or federal laws or municipal ordinances regulating explosives, blasting agents or similar devices. Each person shall comply with all applicable state and federal laws and regulations and municipal ordinances for the storage, manufacture, transportation and the use of explosives or blasting agents.
Added by Laws 1995, c. 344, § 9, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-123.7. Deposit of monies.

Any fees, administrative penalties or any other monies obtained by the Department of Mines pursuant to the Oklahoma Explosives and Blasting Regulation Act shall be deposited in the Department of Mines Revolving Fund and shall be expended by the Department of Mines for implementation and enforcement of this part or as otherwise deemed necessary by the Department for complying with its responsibilities and duties according to law.
Added by Laws 1995, c. 344, § 10, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-123.8. Exemptions.

A. 1. The provisions of the Oklahoma Explosives and Blasting Regulation Act shall not apply to:
a.
persons engaged in shooting wells or seismographic operations for the purpose of oil or gas production,
b.
mining operations regulated by Title 45 of the Oklahoma Statutes, and
c.
persons using explosives or blasting agents for noncommercial use on their own land, owned in fee or by contract, for the removal of trees, rocks and dams or for other normal agricultural purposes.
2. Any person exempted from the provisions of the Oklahoma Explosives and Blasting Regulation Act pursuant to this subsection shall be liable for all damages caused by the use of explosives, or blasting agents and blasting operations, which damages shall be recoverable in any court of competent jurisdiction.
B. In addition, the provisions of the Oklahoma Explosives and Blasting Regulation Act shall not apply to:
1. Any municipalities or counties in this state using any blasting agents, explosives or conducting, supervising or controlling a blasting operation in this state. Any such municipality or county shall comply with rules promulgated by the Oklahoma Mining Commission;
2. The Department of Transportation in the conducting, supervision or controlling of any blasting operation in this state, provided the Department shall comply with rules promulgated by the Oklahoma Mining Commission; and
3. Duly qualified and certified bomb technicians of a federally accredited bomb squad of municipal, county, state, and federal law enforcement agencies for the transportation, storage or disposal of any explosive chemical, compound or device, when such technician is performing responsibilities for the preservation of public peace, safety, or criminal investigation.
4. Any employee of the Oklahoma Department of Agriculture, Food, and Forestry and the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services who is trained and certified by the United States Department of Agriculture in the safe handling and use of explosive materials in the course of the official duties of the employee.
Added by Laws 1995, c. 344, § 11, eff. Nov. 1, 1995. Amended by Laws 2003, c. 168, § 6, eff. July 1, 2003; Laws 2007, c. 58, § 1, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-124.1. Administration and enforcement - Personnel.

The State Fire Marshal Commission shall:
1. Promulgate rules for the administration and enforcement of this division;
2. Administer the provisions hereof, pursuant to said rules; and
3. Employ such agents and clerical help as may be necessary for such purpose.
Added by Laws 1971, c. 302, § 2, operative July 1, 1971. Amended by Laws 1995, c. 344, § 12, eff. Nov. 1, 1995. Renumbered from § 141.2 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-124.2. Federal rules or regulations to govern.

Any rule or regulation promulgated by a duly authorized federal department, bureau, or agency shall supersede any rule promulgated under this division.
Added by Laws 1971, c. 302, § 3, operative July 1, 1971. Amended by Laws 1995, c. 344, § 13, eff. Nov. 1, 1995. Renumbered from § 141.3 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-124.3. Permits - Information required.

A. No person shall manufacture, sell, transport for hire, or store for resale explosives or blasting agents without first obtaining a permit to engage in such activity from the State Fire Marshal; provided, however, the State Fire Marshal shall waive the state permit requirement where a valid federal license or permit has been issued.
B. Explosives or blasting agents shall not be sold, given, delivered or transferred to any person who does not furnish the information required in subsection C of this section.
C. It shall be unlawful for any person to purchase, receive or obtain explosives or blasting agents without first furnishing to the seller or distributor the following information: a statement of intended use, name, date, quantity, social security number or taxpayer identification number, and place of residence of any natural person to whom explosives or blasting agents are distributed. If explosives or blasting agents are sold or distributed to a corporation or other entity, such information shall include the identity and principal and local places of business, statement of intended use, quantity, date, name, social security number, and place of residence of the natural person acting as agent of the corporation or other entity in arranging the purchase or distribution.
D. An application for a permit under this division shall be accompanied by the payment of a fee in the amount of Ten Dollars ($10.00).
E. All state, county and city agencies that use explosives and blasting agents shall furnish the information required in subsection C of this section.
F. Permits shall be valid for the calendar year in which issued, unless sooner revoked or suspended, and may be renewed annually on January 1 upon the payment of the required fee.
G. It shall be unlawful for any person to possess or use explosives or blasting agents unless such person can furnish proof of compliance with the provisions of this division.
Added by Laws 1971, c. 302, § 4, operative July 1, 1971. Amended by Laws 1995, c. 344, § 14, eff. Nov. 1, 1995. Renumbered from § 141.4 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-124.4. Disposition of permit fees.

All monies derived from the sale of permits as specified in this division shall be transferred to the State Treasurer of the State of Oklahoma, to be placed to the credit of the "General Revenue Fund".
Added by Laws 1971, c. 302, § 5, operative July 1, 1971. Amended by Laws 1995, c. 344, § 15, eff. Nov. 1, 1995. Renumbered from § 141.5 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-124.5. Records.

Every person permitted pursuant to the provisions of this division, including those holding federal licenses or permits, shall keep such records as may be required by the State Fire Marshal. Records shall be maintained for a period of not less than five (5) years following the year in which the record is made. All such records shall be open to inspection by the State Fire Marshal and his assistants during normal business hours.
Added by Laws 1971, c. 302, § 6, operative July 1, 1971. Amended by Laws 1995, c. 344, § 16, eff. Nov. 1, 1995. Renumbered from § 141.6 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-124.6. Inspection of premises.

The Fire Marshal and any assistants of the Fire Marshal may, during normal business hours, inspect any building, structure or premises of any person subject to the provisions of this division, and shall, upon the discovery of any violation of this division or rules promulgated hereunder, issue such orders as are necessary for the safety of occupants and the public.
Added by Laws 1971, c. 302, § 7, operative July 1, 1971. Amended by Laws 1995, c. 344, § 17, eff. Nov. 1, 1995. Renumbered from § 141.7 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-124.7. Denial, revocation or suspension of permit.

Any violation of this division or the rules promulgated hereunder shall constitute grounds for the denial, revocation or suspension of a permit by the State Fire Marshal as deemed appropriate by the State Fire Marshal.
Added by Laws 1971, c. 302, § 8, operative July 1, 1971. Amended by Laws 1995, c. 344, § 18, eff. Nov. 1, 1995. Renumbered from § 141.8 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-124.8. Responsibility of permit holders - Penalties.

A. Any firm, corporation, company or partnership shall ensure that all personnel, field crews, magazine attendants, truck drivers, supervisors and superintendents are fully conversant with all provisions of this division and the rules promulgated hereunder. The permit holder shall be responsible for violations committed by employees working under the company or corporation permit.
B. Any person violating any of the provisions of this division or any rules or regulations made thereunder shall be guilty of a felony and shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment. If such violation was committed with the knowledge or intent that any explosive or blasting agent involved was to be used to kill, injure or intimidate any person or unlawfully to damage any real or personal property, the person or persons committing such violations, upon conviction, shall be guilty of a felony and shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or imprisoned for not more than ten (10) years, or both. If in a case involving such knowledge or intent personal injury results, such person shall be imprisoned for not more than twenty (20) years, or fined not more than Twenty Thousand Dollars ($20,000.00), or both; and if death results such person shall be subject to imprisonment for any term of years or for life.
Added by Laws 1971, c. 302, § 9, operative July 1, 1971. Amended by Laws 1995, c. 344, § 19, eff. Nov. 1, 1995. Renumbered from § 141.9 of this title by Laws 1995, c. 344, § 33, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-128.1. Transporting vehicles to be labeled.

Except as otherwise regulated by federal law, every vehicle carrying or transporting nitroglycerine in this state shall have conspicuously marked thereon in letters not less than six (6) inches in height on each side and the rear of such vehicle, the words "Nitroglycerine - Dangerous."
R.L. 1910, § 6972. Amended by Laws 1995, c. 344, § 20, eff. Nov. 1, 1995. Renumbered from § 124 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-128.2. Storage of explosives.

Nothing in this part shall be held to apply to persons, partnerships or corporations who store not to exceed twenty-five (25) pounds of said explosives, except nitroglycerine, in any one place at any one time, nor to the manufacturing or storing of drugs: Provided, however, that for good cause shown, the Chief Mine Inspector or deputy may issue a permit for temporary storage of any of said explosives, except nitroglycerine, not exceeding five hundred (500) pounds.
R.L. 1910, § 6973. Amended by Laws 1995, c. 344, § 21, eff. Nov. 1, 1995. Renumbered from § 125 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-128.3. Penalty for violation of §§ 128.1 and 128.2.

Whoever, either as principal, agent, servant, or employee of such person, partnership, or corporation violates any of the provisions of Sections 20 and 21 of this act, or fails to procure a valid certificate from the Chief State Mine Inspector, as herein provided, shall be fined not less than Fifty Dollars ($50.00) nor more than Two Thousand Dollars ($2,000.00).
R.L. 1910, § 6974. Amended by Laws 1995, c. 344, § 22, eff. Nov. 1, 1995. Renumbered from § 126 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-128.4. Transportation of nitroglycerine in or near city, town or village.

It shall be unlawful for any person, partnership, or corporation to haul, transport or cause to be hauled or transported in any manner, any nitroglycerin over, across, or upon any street, alley or highway of any city, town or village, or any highway or lands within one-fourth (1/4) mile of any city, town or village within this state.
Added by Laws 1919, c. 246, p. 347, § 1. Amended by Laws 1995, c. 344, § 23, eff. Nov. 1, 1995. Renumbered from § 127 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-128.5. Shooting wells within limits.

If it becomes necessary to shoot a well located within any city, town or village or within the prohibited distance prescribed herein, before such well is shot or any nitroglycerin is taken within any city, town or village or within the prohibited distance herein prescribed, permission to take a sufficient amount of nitroglycerin to shoot said well must first be obtained from the mayor, city council, manager or board of trustees of such city, town or village where said well is to be shot.
Added by Laws 1919, c. 246, p. 347, § 2. Amended by Laws 1995, c. 344, § 24, eff. Nov. 1, 1995. Renumbered from § 128 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-128.6. Penalty for violation of §§ 128.4 and 128.5.

Any person, partnership or corporation violating any of the provisions of Sections 23 and 24 of this act shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail for a term not exceeding twelve (12) months nor less than sixty (60) days.
Added by Laws 1919, c. 246, p. 347, § 4. Amended by Laws 1995, c. 344, § 25, eff. Nov. 1, 1995. Renumbered from § 130 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-128.7. Authority of officers.

Any municipal, county or state law enforcement officer within this state shall have the right to arrest any person for the violation of any of the provisions of this part.
Added by Laws 1919, c. 246, p. 347, § 3. Amended by Laws 1995, c. 344, § 26, eff. Nov. 1, 1995. Renumbered from § 129 of this title by Laws 1995, c. 344, § 34, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-131. Gasoline kept in red tanks.

All grocers, druggists, and all other vendors of gasoline in quantities of one hundred fifty (150) gallons and less are hereby required to put all gasoline by them hereafter kept for sale, or sold, in a red can, tank, barrel or other receptacle, which receptacle shall be labeled "Gasoline," and vendors of kerosene in quantities of two hundred fifty gallons or less shall not put kerosene in any can, tank, barrel or other receptacle painted red: Provided, that all dealers shall be required to keep for use and shall place all gasoline by them sold in red cans or other receptacles.
R.L.1910, § 6975.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-132. Penalty for violations - Civil liability.

Any grocer, druggist, or other person who shall be convicted of a violation of the provisions of the preceding section, shall be deemed guilty of a misdemeanor and shall be fined not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00), and shall in addition thereto be liable in damages in civil suit for any damage resulting from a violation of the preceding section.
R.L.1910, § 6976.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-142.3. Filing of notice - Participation by municipality in statewide one-call notification center.

All operators of underground facilities shall participate in the statewide one-call notification center and shall have on file with the notification center a notice that such operator has underground facilities, the county or counties where such facilities are located, and the address and telephone number of the person or persons from whom information about such underground facilities may be obtained. A municipality shall participate in the statewide one-call notification center as provided for in this section.
Added by Laws 1981, c. 94, § 3, eff. Jan. 1, 1982. Amended by Laws 1992, c. 25, § 1, emerg. eff. March 30, 1992; Laws 2003, c. 362, § 2, eff. Nov. 1, 2003; Laws 2016, c. 151, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-142.4. Filing fees.

A. As provided for in this section, the notification center shall charge and collect fees from operators filing notices pursuant to Section 142.3 of this title, except for rural water districts which have less than one thousand one hundred meters and municipalities which have a population of less than three thousand (3,000).
B. Upon the initial filing of a notice or statement and annually thereafter, a fee shall be collected in a manner as provided for in Section 142.10 of this title. The fee shall be due and payable on January 1 of each year. Failure to pay such fee on or before February 1 of such year shall result in the filing being void and the notification center shall remove such operator from the list of operators having underground facilities in the county. Such operator may thereafter file again pursuant to this act, but only upon payment to the notification center of the above-specified initial filing fee and an additional late filing fee of Fifty Dollars ($50.00).
C. The notification center shall maintain a current list of all operators on file pursuant to this act and shall make copies of such list available upon payment of the appropriate fees.
Added by Laws 1981, c. 94, § 4, eff. Jan. 1, 1982. Amended by Laws 2003, c. 362, § 3, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-142.5. Certain excavations, demolitions and explosions prohibited near certain facilities.

No excavator shall demolish a structure, discharge an explosive or commence to excavate in a highway, street, alley or other public ground or way, a private easement, or on or near the location of the facilities of an operator without first complying with the requirements of the Underground Facilities Damage Prevention Act and the Oklahoma Explosives and Blasting Regulation Act.
Added by Laws 1981, c. 94, § 5, eff. Jan. 1, 1982. Amended by Laws 1995, c. 344, § 28, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-142.7. Use of powered or mechanized equipment - Exemptions.

A. Except as provided in subsection B of this section, powered or mechanized equipment shall not be used directly over marked routes of underground facilities until the precise location of the underground facilities has been determined by the excavator, and then only after the facilities have been exposed and properly protected to avoid damage to them. If the precise location of the underground facilities cannot be determined by the excavator, the operator thereof shall be notified by the excavator so that the operator can determine the precise location of the underground facilities prior to continuing excavation or demolition.
B. The only exception to the prohibition of the use of powered or mechanized equipment directly over marked routes of underground facilities shall be for the removal of pavement or masonry, and then only to the depth of such pavement or masonry.
Laws 1981, c. 94, § 7, eff. Jan. 1, 1982.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-142.8. Additional notice required.

A. In addition to the notice required by Section 142.6 of this title, whenever the demolition of a structure is proposed, operators in the geographic area defined by the notification center who have a notice on file with the notification center pursuant to Section 142.3 of this title shall be given at least seven (7) business days’ notice of the proposed demolition before the demolition work begins. Such notice shall be initiated by the notification center after the excavator has met local code requirements for a demolition permit. When an operator is served with notice and determines that underground facilities are within the proposed area of demolition and such facilities require additional protection, service removal or termination, the operator shall communicate this information to the excavator and by mutual agreement the operator and excavator shall determine a date to begin the demolition which shall not exceed sixty (60) business days from the original demolition notice. If a public agency determines that the structure endangers the public health or safety, then the public agency may, in the manner provided by law, order the immediate demolition of the structure.
B. When a design or survey notice is received, operators or their designee shall provide underground facilities information within fourteen (14) calendar days from the time of the request which may include physical markings at the project site, facility mapping, or both. No excavation may take place on a design or survey notice. Operators shall provide the one-call notification center with the necessary information for notices to be sent to the appropriate person within their company or organization.
Added by Laws 1981, c. 94, § 8, eff. Jan. 1, 1982. Amended by Laws 2003, c. 362, § 5, eff. Nov. 1, 2003; Laws 2004, c. 427, § 2, emerg. eff. June 4, 2004; Laws 2023, c. 211, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-142.9. Damage to underground facilities.

A. When any damage occurs to an underground facility or its protective covering, the operator thereof and the notification center shall be notified immediately by any person who caused the damage.
B. Upon receiving notice of such damage, the operator shall promptly dispatch personnel to the location to effect temporary or permanent repairs.
C. Should damage occur that endangers life, health or property, the excavator responsible for the work shall keep all sources of ignition away from the damaged area and shall take immediate action to protect the public and property and to minimize the hazard until arrival of the operator's personnel or until the appropriate police or fire officials shall have arrived and taken charge of the damaged area.
D. An excavator shall delay any backfilling in the immediate area of the damaged underground facilities until the damage has been repaired, unless the operator authorizes otherwise. The repair of such damage must be performed by the operator or by qualified personnel authorized by the operator.
Added by Laws 1981, c. 94, § 9, eff. Jan. 1, 1982. Amended by Laws 2017, c. 192, § 2, eff. Nov. 1, 2017; Laws 2021, c. 453, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-142.9a. Damage to underground facilities – Liability - Injunction.

A. Any excavator, except for a public agency who fails to comply with the Oklahoma Underground Facilities Damage Prevention Act and who damages an underground facility owned or operated by a nonprofit rural water corporation organized pursuant to Section 863 of Title 18 of the Oklahoma Statutes or a rural water district organized pursuant to the Rural Water, Sewer, Gas, and Solid Waste Management Districts Act, shall be liable for the underground damage to and responsible for the repair of such facilities. Any new underground facilities installed on and after September 1, 1992, shall contain materials capable of being detected so that the facilities can be accurately located.
B. Any excavator who damages or cuts an underground facility, as a result of negligently failing to comply with the provisions of the Oklahoma Underground Facilities Damage Prevention Act or as a result of failing to take measures for the protection of an underground facility shall be liable to the operator of the underground facility for the repair of the damaged underground facility.
C. Except for public agencies, any excavator who by willful act or by reckless disregard of the rights of others, repeatedly violates the provisions of the Oklahoma Underground Facilities Damage Prevention Act and repeatedly damages underground facilities, thereby threatening the public health, safety, and welfare, may be enjoined by a court of competent jurisdiction from further excavation.
Added by Laws 1992, c. 369, § 1, eff. Sept. 1, 1992. Amended by Laws 2002, c. 412, § 2, eff. July 1, 2002; Laws 2003, c. 362, § 6, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-142.10. Statewide notification center.

A. This act recognizes the value of and authorizes the establishment of a statewide notification center.
B. Upon establishment, the notification center shall operate twenty-four (24) hours a day, seven (7) days a week. Notification, as required by Section 142.6 of this title, to operators who are members of or participants in the notification center, shall be given by notifying the notification center by telephone or other acceptable means of communication, the content of such notification to conform to Section 142.6 of this title.
C. All operators who have underground facilities within the defined geographical boundary of the notification center shall be required to be members in good standing of the notification center .
D. A suitable record shall be maintained by the notification center to document the receipt of the notices from excavators and positive responses from operators as required by this act.
Public agencies, as defined in this act, shall have access to the record of underground facilities.
Added by Laws 1981, c. 94, § 10, eff. Jan. 1, 1982. Amended by Laws 2003, c. 362, § 7, eff. Nov. 1, 2003; Laws 2020, c. 65, § 3, eff. Nov. 1, 2020; Laws 2021, c. 453, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-142.11. Exemptions.

Notwithstanding anything which may be contained in this act to the contrary, public agencies and their contractors engaged in work within the public right-of-way which work is a preengineered project, certified project or routine maintenance shall be exempt from the provisions of this act. Provided, a public agency contractor, prior to engaging in routine maintenance, shall take reasonable steps to determine the location of underground facilities in or near the proposed area of work. Reasonable steps may include utilization of the statewide one-call notification center procedures as provided for in Section 142.6 of this title.
Added by Laws 1981, c. 94, § 11, eff. Jan. 1, 1982. Amended by Laws 1986, c. 114, § 1, eff. Nov. 1, 1986; Laws 2003, c. 362, § 8, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-142.13. Enforcement authority – Corporation Commission.

The Corporation Commission is hereby designated as the agency to enforce the provisions of the Oklahoma Underground Facilities Damage Prevention Act, Section 142.1 et seq. of Title 63 of the Oklahoma Statutes, over excavation or demolition on or near or directly over the location of, and notice of damage to, oil and natural gas physical facilities which are described by the currently effective definition of "pipeline" in 49 CFR Part 192.3 and "pipeline" and "pipeline system" in 49 CFR Part 195.2. Enforcement authority granted in this section shall be concurrent with and shall not be construed to modify or limit any private right of action, including those available pursuant to Section 142.9a of Title 63 of the Oklahoma Statutes. Terms used in this section shall be as defined in the Oklahoma Underground Facilities Damage Prevention Act.
Added by Laws 2014, c. 243, § 1, emerg. eff. May 9, 2014.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-313A. Definitions.

A. As used in this section:
1.
a.
"Health benefit plan" means a plan that:
(1)
provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, and
(2)
is offered by any insurance company, group hospital service corporation, the State and Education Employees Group Insurance Board, or a health maintenance organization that delivers or issues for delivery an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an evidence of coverage, or, to the extent permitted by the Employee Retirement Income Security Act of 1974, 29 U.S.C., Section 1001 et seq., by a multiple employer welfare arrangement as defined in Section 3 of the Employee Retirement Income Security Act of 1974, or any other analogous benefit arrangement, whether the payment is fixed or by indemnity.
b.
"Health benefit plan" shall not include:
(1)
a plan that provides coverage:
(a)
only for a specified disease or diseases or under an individual limited benefit policy,
(b)
only for accidental death or dismemberment,
(c)
for dental or vision care,
(d)
a hospital confinement indemnity policy,
(e)
disability income insurance or a combination of accident-only and disability income insurance, or
(f)
as a supplement to liability insurance,
(2)
a Medicare supplemental policy as defined by Section 1882(g)(1) of the Social Security Act (42 U.S.C., Section 1395ss),
(3)
worker's compensation insurance coverage,
(4)
medical payment insurance issued as part of a motor vehicle insurance policy,
(5)
a long-term care policy, including a nursing home fixed indemnity policy, unless a determination is made that the policy provides benefit coverage so comprehensive that the policy meets the definition of a health benefit plan, or
(6)
short-term health insurance issued on a nonrenewable basis with a duration of six (6) months or less; and
2. "Prior authorization" means a utilization management criterion utilized to seek permission or waiver of a drug to be covered under a health prior authorization.
B. Notwithstanding any other provision of law to the contrary, in order to establish uniformity in the submission of prior authorization forms, on or after January 1, 2014, a health benefit plan shall utilize prior authorization forms for obtaining any prior authorization for prescription drug benefits. A form shall not exceed three pages in length, excluding any instructions or guiding documentation and a health benefit plan may customize the content of the form specific to the prescription drug for which the prior authorization is being requested. A health benefit plan may make the form accessible through multiple computer operating systems. Additionally, upon request, the health benefit plan shall make a copy of the form available to the Insurance Commissioner.
Added by Laws 2013, c. 362, § 1.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-313B. Prior authorization forms for prescription drug benefits.

A. As used in this section:
1.
a.
"Health benefit plan" means a plan that:
(1)
provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, and
(2)
is offered by any insurance company, group hospital service corporation, the State and Education Employees Group Insurance Board, or a health maintenance organization that delivers or issues for delivery an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an evidence of coverage, or, to the extent permitted by the Employee Retirement Income Security Act of 1974, 29 U.S.C., Section 1001 et seq., by a multiple employer welfare arrangement as defined in Section 3 of the Employee Retirement Income Security Act of 1974, or any other analogous benefit arrangement, whether the payment is fixed or by indemnity.
b.
"Health benefit plan" shall not include:
(1)
a plan that provides coverage:
(a)
only for a specified disease or diseases or under an individual limited benefit policy,
(b)
only for accidental death or dismemberment,
(c)
for dental or vision care,
(d)
a hospital confinement indemnity policy,
(e)
disability income insurance or a combination of accident-only and disability income insurance, or
(f)
as a supplement to liability insurance,
(2)
a Medicare supplemental policy as defined by Section 1882(g)(1) of the Social Security Act (42 U.S.C., Section 1395ss),
(3)
workers' compensation insurance coverage,
(4)
medical payment insurance issued as part of a motor vehicle insurance policy,
(5)
a long-term care policy, including a nursing home fixed indemnity policy, unless a determination is made that the policy provides benefit coverage so comprehensive that the policy meets the definition of a health benefit plan, or
(6)
short-term health insurance issued on a nonrenewable basis with a duration of six (6) months or less; and
2. "Prior authorization" means a utilization management criterion utilized to seek permission or waiver of a drug to be covered under a health prior authorization.
B. Notwithstanding any other provision of law to the contrary, in order to establish uniformity in the submission of prior authorization forms, on or after January 1, 2015, a health benefit plan shall utilize prior authorization forms for obtaining any prior authorization for prescription drug benefits. A form shall not exceed three pages in length, excluding any instructions or guiding documentation and a health benefit plan may customize the content of the form specific to the prescription drug for which the prior authorization is being requested. A health benefit plan may make the form accessible through multiple computer operating systems. Additionally, upon request, the health benefit plan shall make a copy of the form available to the Insurance Commissioner.
Added by Laws 2014, c. 264, § 1, eff. Nov. 1, 2014.