reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.12. Interpretation, construction and application of act.

A. Death resulting from the withholding or withdrawal of life-sustaining treatment in accordance with the Oklahoma Advance Directive Act shall not constitute, for any purpose, a suicide or homicide.
B. The making of an advance directive pursuant to Section 3101.4 of this title shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance or annuity, nor shall it affect, impair, or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annuity shall not be legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured qualified patient, regardless of any term of the policy or annuity to the contrary.
C. A person shall not prohibit or require the execution of an advance directive as a condition for being insured for, or receiving, health care services.
D. The Oklahoma Advance Directive Act creates no presumption concerning the intention of an individual who has revoked or has not executed an advance directive with respect to the use, withholding, or withdrawal of life-sustaining treatment.
E. The Oklahoma Advance Directive Act shall not affect the right of a patient to make decisions regarding use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede any right or responsibility that a person has to effect the withholding or withdrawal of medical care; provided, that this subsection may not be construed to authorize a violation of Section 3101.9 of this title.
F. The Oklahoma Advance Directive Act shall not be construed to condone, authorize, or approve mercy killing, assisted suicide, or euthanasia.
G. Failure to designate a health care proxy in accordance with Section 3101.4 of this title shall not be interpreted to invalidate the authority of a health care proxy to make life-sustaining treatment decisions if otherwise authorized by law.
Added by Laws 1992, c. 114, § 12, eff. Sept. 1, 1992. Amended by Laws 1995, c. 99, § 4, eff. Nov. 1, 1995; Laws 2006, c. 171, § 11, emerg. eff. May 17, 2006.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.13. Presumption of validity of advance directive.

In the absence of knowledge to the contrary, a physician or other health care provider may presume that an advance directive complies with the Oklahoma Advance Directive Act and is valid.
Added by Laws 1992, c. 114, § 13, eff. Sept. 1, 1992. Amended by Laws 2006, c. 171, § 12, emerg. eff. May 17, 2006.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.14. Directives executed out-of-state.

Execution of an advance directive by an individual, which provides for the provision, withholding, or withdrawal of life-sustaining treatment for that individual or for the appointment of another to give directions to provide, withhold, or withdraw life-sustaining treatment, executed in another state in compliance with the law of that state or of this state is valid for purposes of the Oklahoma Advance Directive Act to the extent the advance directive does not exceed authorizations allowed under the laws of this state; provided, that no such advance directive shall be deemed to authorize the withholding or withdrawal of artificially administered nutrition and/or hydration unless it specifically authorizes such withholding or withdrawal of artificially administered nutrition and/or hydration, and either the advance directive:
1. Was executed by a person who was not a resident of Oklahoma at the time of execution; or
2. Specifically authorizes the withholding or withdrawal of artificially administered nutrition and/or hydration in the declarant’s own words or by a separate section, separate paragraph, or other separate subdivision that deals only with nutrition and/or hydration and which section, paragraph, or other subdivision is separately initialed, separately signed, or otherwise separately marked by the person executing the advance directive.
Added by Laws 1992, c. 114, § 14, eff. Sept. 1, 1992. Amended by Laws 2006, c. 171, § 13, emerg. eff. May 17, 2006.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.15. Directives executed prior to change in law.

A. Any directive to a physician executed pursuant to the former Oklahoma Natural Death Act, 63 O.S. 1991, Section 3101 et seq., which was executed prior to September 1, 1992, shall be enforceable according to its terms until revoked and shall have the same force and effect as if made pursuant to this act. Such directive shall be binding on the attending physician whether or not the person who executed the directive was in a terminal condition at the time of execution unless there is evidence that the person executing the directive intended that it should be binding only if executed or re-executed after the person became afflicted with a terminal condition as defined by the former Oklahoma Natural Death Act.
B. Any advance directive executed prior to the enactment of any amendment to the Oklahoma Advance Directive Act which substantially complied with the law in effect at the time of the execution of the directive shall be enforceable according to its terms until revoked and shall have the same force and effect as if made pursuant to this act, as amended.
Added by Laws 1992, c. 114, § 15, eff. Sept. 1, 1992. Amended by Laws 1995, c. 99, § 5, eff. Nov. 1, 1995; Laws 2006, c. 171, § 14, emerg. eff. May 17, 2006.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.16. Treatment decisions to be based on known intentions, personal views and best interests of declarant.

An individual making life-sustaining treatment decisions pursuant to the provisions of the Oklahoma Advance Directive Act for a declarant shall make such decisions based on the known intentions, personal views and best interests of the declarant. If evidence of the declarant's wishes is sufficient, those wishes shall control. If there is not sufficient evidence of the wishes of the declarant, the decisions shall be based on the reasonable judgment of the individual so deciding about the values of the declarant and what the wishes of the declarant would be based upon those values.
Added by Laws 1992, c. 114, § 16, eff. Sept. 1, 1992. Amended by Laws 2006, c. 171, § 15, emerg. eff. May 17, 2006.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3102.1. Advance directives registry database.

A. The State Department of Health shall establish and maintain an advance directives registry which shall be accessible through a website maintained by the Department. The registry shall be used to store advance directives pursuant to the Oklahoma Advance Directive Act that are filed with the registry by or with the authorization of those executing the advance directives.
B. The registry shall be maintained in a secure database that is designed to provide access to each advance directive filed in the database by the person who executed the advance directive, those named as agents in the advance directive, any person related within the fourth degree of consanguinity or affinity to the person who executed the advance directive, or a health care provider caring for the person who executed the advance directive.
C. The State Department of Health may enter into contracts with private vendors to obtain the services necessary to meet the requirements of the Oklahoma Advance Directive Act. Any costs to the public to access the registry shall be negotiated in the contracts provided for in this paragraph.
Added by Laws 2009, c. 236, § 1, eff. Nov. 1, 2009. Amended by Laws 2015, c. 43, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3102.2. Advance directive forms database.

A. The State Department of Health shall maintain a website of advance directive forms that may be downloaded for printing and into word processing programs.
B. Under the heading "Statutory Advance Directive Form", the website shall include the forms specified in subsection C of Section 3101.4 of this title.
C. Under the heading "Alternative Advance Directive Forms", the website shall include other advance directive forms submitted to the Department by individuals and groups in an electronic format the Department shall specify; provided, that before being posted on the website, any such form shall be reviewed to ensure that the form complies with the requirements of Section 3101.4 of this title and other provisions of state law.
D. In the section titled "Alternative Advance Directive Forms", the website shall prominently post the following disclaimer:
"This website includes for your consideration alternative advance directive forms submitted by individuals or groups reflecting different perspectives on advance health care decisions which you may wish to review before completing your own advance directive. Although they have been reviewed to ensure that they do not violate Oklahoma law, neither the State Department of Health nor the State of Oklahoma endorses or assumes any responsibility for any of these forms."
E. The State Department of Health shall promulgate rules necessary to implement the provisions of this act.
Added by Laws 2009, c. 236, § 2, eff. Nov. 1, 2009. Amended by Laws 2015, c. 43, § 2, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3102.3. Patient disclosure relating to advanced directives forms and registry.

A. The State Department of Health shall prepare, and from time to time amend, a disclosure statement designed to inform patients of the availability of the advance directive forms on the Department’s website and of the option of filing executed advance directives with the Department’s advance directives registry. The Department shall make the current disclosure statement available on the Department’s website and shall inform the entities specified in subsection B of this section of the availability of the disclosure statement and how to obtain the disclosure statement.
B. Any entity to which the requirements of 42 U.S.C., Section 1395cc(f) or of 42 U.S.C., Section 1396a(w) apply shall, at the time of providing the written information required by 42 U.S.C., Section 1395cc(f)(1)(A)(i) or 42 U.S.C., Section 1396a(w)(1)(A)(i), include a copy of the disclosure statement described in subsection A of this section.
Added by Laws 2009, c. 236, § 3, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3102.5. Persons not authorized to make health care decisions.

A. No person shall be authorized under Section 3102.4 of this title to make health care decisions for a patient if that person:
1. Has been convicted of, pled guilty to, or pled no contest to any violation of Section 843.1, 843.2, 843.4 or 843.5 of Title 21 of the Oklahoma Statutes;
2. Has been found to have committed abuse, verbal abuse or exploitation, as these terms are defined in Section 10-103 of Title 43A of the Oklahoma Statutes, by a final State Department of Health or Department of Human Services investigative finding or by an administrative law judge finding, unless that finding has been overturned through judicial review; or
3. Has been criminally charged as described in subsection B of Section 10-110.1 of Title 43A of the Oklahoma Statutes, unless the person has been acquitted or those charges have been finally dismissed.
B. No health care provider or health care entity shall be liable for following in good faith the instructions of a person otherwise authorized to make health care decisions for a patient and who has submitted the statement as required by Section 3102.4 of this title, but whom the health care provider or health care entity does not know or have reason to know is disqualified from exercising such authority by subsection A of this section.
Added by Laws 2017, c. 144, § 3, eff. Nov. 1, 2017. Amended by Laws 2019, c. 211, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3102A. Experimental treatments, tests or drugs - Persons eligible to give consent.

A. When a patient, because of a medical condition, is treated by a licensed medical doctor or doctor of osteopathy holding a faculty appointment at a medical school accredited by the Liaison Committee on Medical Education or American Osteopathic Association, or holding clinical privileges at a health care institution that conducts human subject research approved by an accredited institutional review board, and such patient is incapable of giving informed consent for an accredited-institutional-review-board-approved experimental treatment, test or drug, then the administration of such treatment, test or drug may proceed upon obtaining informed consent of a parent, legal guardian, attorney-in-fact with health care decision authority, or a family member in the following order of priority:
1. If the patient is a minor, the parent or legal guardian; and
2. If the patient is an adult:
a.
the spouse, unless the patient has no spouse, or is separated, or the spouse is physically or mentally incapable of giving consent, or the spouse's location is unknown or the spouse is overseas, or the spouse is otherwise not available,
b.
an adult son or daughter,
c.
either parent,
d.
an adult brother or sister, or
e.
a relative by blood or marriage.
B. If the patient is an adult, nothing in this section shall authorize such legal guardian, attorney-in-fact or family member to consent to treatment in contravention to such incapacitated patient's expressed permission or prohibition regarding such treatment.
C. In a life-threatening emergency, consent of such an incapacitated person to any research program or experimental procedure shall not be required when the accredited institutional review board responsible for the review, approval and continuing review of the research activity has approved both the research activity and a waiver of informed consent and has both found and documented that the requirements for an exception from informed consent requirements for emergency research, as provided under Part 50 of Title 21 or Part 46 of Title 45 of the Code of Federal Regulations, as amended, have been satisfied. This subsection shall apply to all pre-hospital or hospital research conducted by a licensed medical doctor or doctor of osteopathy.
D. Nothing in this section shall permit a parent, legal guardian, attorney-in-fact or family member to authorize the use of an experimental treatment, test or drug on a pregnant patient.
Added by Laws 1997, c. 122, § 1, eff. Nov. 1, 1997. Amended by Laws 2005, c. 211, § 4, eff. Nov. 1, 2005; Laws 2021, c. 269, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3105.2. Definitions.

As used in the Physician Orders for Life-Sustaining Treatment Act:
1. "Attorney-in-fact" means an attorney-in-fact authorized to act pursuant to the Oklahoma Health Care Agent Act, with authority to act regarding the patient's health and medical care decisions, subject to the limitations under the Oklahoma Health Care Agent Act;
2. "Guardian" means a general guardian of the person appointed pursuant to subsection A of Section 3-112 of Title 30 of the Oklahoma Statutes or a limited guardian of the person appointed pursuant to subsection B of Section 3-112 of Title 30 of the Oklahoma Statutes with the authority to make personal medical decisions as determined under paragraph 5 of subsection B of Section 3-113 of Title 30 of the Oklahoma Statutes;
3. "Health care provider" means a person who is licensed, certified or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession;
4. "Health care proxy" means a health care proxy or alternate health care proxy authorized to act pursuant to the Oklahoma Advance Directive Act, Sections 3101.1 through 3101.16 of this title, as defined in paragraph 6 of Section 3101.3 of this title; and
5. "Other legally authorized person" means a person, other than a minor's custodial parent or guardian, the patient or the patient's attorney-in-fact, guardian or health care proxy, who has authority to make health care decisions for the patient under common law.
Added by Laws 2016, c. 355, § 2. Amended by Laws 2022, c. 136, § 16, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3105.3. Orders for life-sustaining treatment – Standardized form – Noncompliant forms.

A. The Office of the Attorney General shall establish the standardized format for a form in accordance with the provisions of Section 4 of this act, adhering to the directions, sequence and wording in those provisions.
B. An Oklahoma physician orders for life-sustaining treatment shall be executed, implemented, reviewed and revoked in accordance with the instructions on the form required by this section. At the beginning of renewing and preparing it in consultation with the patient or the patient's legally authorized representative, the attending physician or the health care professional preparing the form or an agent of either shall give that person a copy of the disclosure statement described in Section 3163 of Title 63 of the Oklahoma Statutes. When a patient with a valid POLST experiences a change in medical condition that creates a situation in which, in reasonable medical judgment, withholding specific health care rejected by the POLST will cause or hasten the patient's death, if the patient is then capable of making decisions affecting health care the attending physician shall discuss the situation and treatment with the patient and determine whether, on the basis of information sufficient for informed consent, the patient still wishes the direction in the POLST to control or instead wishes to receive the treatment.
C. A physician orders for life-sustaining treatment (POLST), physician orders for scope of treatment (POST), medical orders for life-sustaining treatment (MOLST), medical orders for scope of treatment (MOST), transportable physician orders for patient preferences (TPOPP) or similar document that does not comply with the standardized format for an Oklahoma physician orders for life-sustaining treatment established by regulations promulgated in accordance with this section:
a.
that was executed in this state prior to the effective date of the standardized format established in accordance with this section shall have no validity after forty-five (45) days following that effective date or after ten (10) days following the admission of the patient to an Oklahoma medical care facility, whichever is later; provided, that a standardized format Oklahoma physician orders for life-sustaining treatment executed subsequent to such document's execution shall immediately supersede it, or
b.
that was executed outside this state in compliance with the laws of the jurisdiction of execution shall have no validity after ten (10) days following the admission of the patient to an Oklahoma medical care facility; provided, that a standardized format Oklahoma physician orders for life-sustaining treatment executed subsequent to such document's execution shall immediately supersede it.
Added by Laws 2016, c. 355, § 3.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3105.5. Physician not subject to liability or discipline – Liability for falsification of form – Temporary court orders.

A. A physician or other health care provider acting in good faith and in accordance with reasonable medical standards applicable to the physician or other health care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
1. Executing an Oklahoma standardized format physician orders for life-sustaining treatment form in compliance with a health care decision of a person apparently having authority to make a health care decision for a patient, including a decision to provide, withhold or withdraw health care;
2. Declining to execute an Oklahoma standardized format physician orders for life-sustaining treatment form in compliance with a health care decision of a person based on a reasonable belief that the person then lacked authority; or
3. Complying with an apparently valid Oklahoma standardized format physician orders for life-sustaining treatment form on the assumption that the order was valid when made and has not been revoked or terminated.
B. A person who intentionally falsifies, forges, conceals, defaces or obliterates an individual's physician orders for life-sustaining treatment form without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke or not to give a physician orders for life-sustaining treatment form, is subject to liability to that individual for damages of Two Hundred Thousand Dollars ($200,000.00) or actual damages resulting from the action, whichever is greater, plus reasonable attorney fees.
C. On petition of a health care provider or facility involved with the patient's care, the patient or the patient's custodial parent or guardian, attorney-in-fact, guardian or health care proxy, or other person who has authority to make health care decisions for the patient under common law, any court of competent jurisdiction may enjoin or direct a health care decision related to a physician orders for life-sustaining treatment form or order other appropriate equitable relief. The court shall issue such temporary orders as necessary to preserve the life of the patient pending a final judgment in such litigation, including any appeals.
Added by Laws 2016, c. 355, § 5.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3111.3. Execution for power of attorney for health care – Authority of agent.

A. A person with capacity may give an oral or written individual instruction. The instruction may be limited to take effect only if a specified condition arises.
B. A person with capacity may execute a power of attorney for health care, which may authorize the agent to make any health care decision the principal could have made while having capacity other than the withholding or withdrawal of life-sustaining treatment, nutrition, or hydration, which may only be authorized in compliance with the Oklahoma Advance Directive Act; provided, however, the power of attorney for health care may authorize the agent to sign a do-not-resuscitate consent in accordance with the provisions of the Oklahoma Do-Not-Resuscitate Act, Section 3131.1 et seq. of Title 63 of the Oklahoma Statutes. The power shall be in writing and signed by the principal. The power remains in effect notwithstanding the principal’s later incapacity and may include individual instructions. Unless related to the principal by blood, marriage, or adoption, an agent may not be an owner, operator, or employee of a residential long-term health care institution at which the principal is receiving care.
C. Unless otherwise specified in a power of attorney for health care, the authority of an agent becomes effective only upon a determination that the principal lacks capacity and ceases to be effective upon a determination that the principal has recovered capacity.
D. Unless otherwise specified in a power of attorney for health care, a determination that an individual lacks or has recovered capacity, or that another condition exists that affects an individual instruction or the authority of an agent, shall be made by the attending physician.
E. An agent shall make health care decisions in accordance with the principal’s individual instructions, if any, and other wishes to the extent known to the agent. Otherwise, the agent shall make the decision in accordance with the agent’s determination of the principal’s best interest. In determining the principal’s best interest, the agent shall consider the principal’s personal values to the extent known to the agent.
F. A health care decision made by an agent for a principal is effective without judicial approval.
G. A power of attorney for health care shall be signed by the principal in the presence of a notary public or witnessed by two (2) individuals who are at least eighteen (18) years of age and who are not legatees, devisees, or heirs at law of the principal.
H. A power of attorney for health care is valid for purposes of this act if it is in substantial compliance with this act, regardless of when or where executed or communicated.
Added by Laws 2022, c. 136, § 3, emerg. eff. April 29, 2022. Amended by Laws 2023, c. 154, § 1, emerg. eff. May 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3111.4. Revocation.

A. An individual may revoke the designation of an agent by a signed writing or by personally informing the health care provider at any time and in any manner that communicates an intent to revoke.
B. A health care provider or agent who is informed of a revocation shall promptly communicate the fact of the revocation to the attending physician and to any health care facility at which the patient is receiving care.
C. A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or specifically enumerated in a power of attorney for health care.
D. A power of attorney for health care that conflicts with an earlier power of attorney for health care revokes the earlier power of attorney to the extent of the conflict.
Added by Laws 2022, c. 136, § 4, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3111.7. Rights of persons authorized to make health care decisions.

Unless otherwise specified in a power of attorney for health care, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health care information.
Added by Laws 2022, c. 136, § 7, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3111.8. Immunity.

A. A health care provider or facility acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or facility shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for:
1. Complying with a health care decision of a person apparently having authority to make a health care decision for a patient;
2. Declining to comply with a health care decision of a person based on a belief that the person then lacked authority; or
3. Complying with a power of attorney for health care and assuming that the designation was valid when made and has not been revoked or terminated.
B. An individual acting as agent under this act shall not be subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith.
Added by Laws 2022, c. 136, § 8, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3111.9. Capacity presumption.

A. This act shall not be construed to affect the right of an individual to make health care decisions while having capacity to do so.
B. An individual is presumed to have capacity to make a health care decision and to give or revoke powers of attorney for health care.
Added by Laws 2022, c. 136, § 9, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3111.11. Construction and application.

A. This act shall not be construed to create a presumption concerning the intention of an individual who has not made or who has revoked a power of attorney for health care.
B. This act shall not be construed to authorize or require a health care provider or facility to provide health care contrary to generally accepted health care standards applicable to the health care provider or facility; provided, this provision shall not be construed to supersede or authorize noncompliance with the requirements of the Oklahoma Advance Directive Act as provided in Section 3101.9 of Title 63 of the Oklahoma Statutes.
C. This act shall not be construed to authorize an agent to consent to the admission of an individual to a mental health care facility unless the individual's written directive expressly so provides.
D. This act shall not affect other statutes of this state governing treatment for mental illness of an individual involuntarily committed to a mental health care facility under Chapter 1 of Title 43A of the Oklahoma Statutes.
Added by Laws 2022, c. 136, § 11, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3111.12. Petition for equitable relief.

On petition of a patient, the patient's agent, or a health care provider or facility involved with the patient's care, the court may enjoin or direct a health care decision or order other equitable relief. A proceeding under this section shall be governed by Title 12 of the Oklahoma Statutes.
Added by Laws 2022, c. 136, § 12, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3112. Definitions.

For the purposes of Sections 2 through 6 of this act:
1. "Aftercare" means any assistance provided by a designated lay caregiver to an individual under this act after the patient's discharge from a hospital. Such assistance may include tasks that are limited to the patient's condition at the time of discharge that do not require a licensed professional;
2. "Discharge" means a patient's exit or release from a hospital to the patient's residence following any inpatient stay;
3. "Hospital" means a facility licensed pursuant to the provisions of Section 1-701 et seq. of Title 63 of the Oklahoma Statutes;
4. "Lay caregiver" means any individual eighteen (18) years of age or older, including next of kin, duly designated as a lay caregiver pursuant to the provisions of this act who provides aftercare assistance to a patient in the patient's residence; and
5. "Residence" means a dwelling considered by a patient to be his or her home, not including any hospital as defined by Section 1-701 et seq. of Title 63 of the Oklahoma Statutes, nursing home or group home as defined by the Long-Term Care Reform and Accountability Act of 2001, or assisted living facility as defined by the Continuum of Care and Assisted Living Act.
Added by Laws 2014, c. 253, § 1, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3113. Designation of lay caregivers by hospital patients.

A. Hospitals shall provide each patient or the patient's legal guardian with an opportunity to designate one lay caregiver following the patient's admission into a hospital and prior to the patient's discharge to the patient's residence:
1. In the event the patient is unconscious or otherwise incapacitated upon admission to the hospital, the hospital shall provide the patient's legal guardian with an opportunity to designate a lay caregiver following the patient's recovery of consciousness or capacity, so long as the designation or lack of a designation does not interfere with, delay or otherwise affect the medical care provided to the patient.
2. In the event the patient or the patient's legal guardian declines to designate a lay caregiver under this act, the hospital shall promptly document such in the patient's medical record, and the hospital shall be deemed to comply with the provisions of this act.
3. In the event that the patient or the patient's legal guardian designates an individual as a lay caregiver under this act, the hospital shall promptly request the written consent of the patient or the patient's legal guardian to release medical information to the patient's designated lay caregiver pursuant to the hospital's established procedures for releasing personal health information and in compliance with applicable state and federal law.
4. If the patient or the patient's legal guardian declines to consent to the release of medical information to the patient's designated lay caregiver, the hospital is not required to provide notice to the lay caregiver pursuant to the provisions of Section 3 of this act.
5. The hospital shall record the patient's designation of a lay caregiver, the relationship of the lay caregiver to the patient, and the name, telephone number, and physical address of the patient's designated lay caregiver in the patient's medical record.
B. A patient may elect to change his or her designated lay caregiver in the event that the lay caregiver becomes incapacitated.
C. Designation of a lay caregiver by a patient or a patient's legal guardian pursuant to the provisions of this act does not obligate any individual to perform any aftercare tasks for the patient.
D. This section shall not be construed so as to require a patient or a patient's legal guardian to designate any individual as a lay caregiver as defined by this act.
Added by Laws 2014, c. 253, § 2, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3114. Notification by hospital to lay caregiver.

If a patient has designated a lay caregiver, a hospital shall notify the patient's designated lay caregiver of the patient's discharge to the patient's residence or transfer to another licensed facility as soon as practicable. In the event the hospital is unable to contact the designated lay caregiver, the lack of contact shall not interfere with, delay or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient.
Added by Laws 2014, c. 253, § 3, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3115. Consultation with lay caregiver by hospital - Discharge plan.

As soon as practicable, the hospital shall attempt to consult with the designated lay caregiver to prepare him or her for aftercare and issue a discharge plan describing a patient's aftercare needs. In the event the hospital is unable to contact the designated lay caregiver, the lack of contact shall not interfere with, delay or otherwise affect an appropriate discharge of the patient.
Added by Laws 2014, c. 253, § 4, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3116. Construction of act.

A. Nothing in this act shall be construed to interfere with the rights of a person legally authorized to make health care decisions as defined in paragraph 4 of Section 3090.2 of Title 63 of the Oklahoma Statutes.
B. Nothing in this act shall be construed to create a private right of action against a hospital, hospital employee, a duly authorized agent of the hospital, or otherwise supersede or replace existing rights or remedies under any other general or special law.
Added by Laws 2014, c. 253, § 5, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3117. Impact on state or federal program funding.

No state or federal dollars shall be used for payment to any lay caregiver as defined in this act after discharge from a hospital. No state or federal program funding shall be impacted by this act.
Added by Laws 2014, c. 253, § 6, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3118. Verification of compliance.

The State Board of Health shall request, in hospital license and renewal applications submitted pursuant to Sections 1-703 and 1-704 of Title 63 of the Oklahoma Statutes, verification of compliance with the provisions of Sections 3112 through 3117 of Title 63 of the Oklahoma Statutes.
Added by Laws 2018, c. 176, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3122. Declaration of death.

An individual who has sustained either:
1. irreversible cessation of circulatory and respiratory functions, or
2. irreversible cessation of all functions of the entire brain, including the brain stem,
is dead. A determination of death must be made in accordance with accepted medical standards; provided however all reasonable attempts to restore spontaneous circulatory or respiratory functions shall first be made, prior to such declaration.
Added by Laws 1986, c. 262, § 2.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3123. Application and construction.

The Uniform Determination of Death Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
This act does not concern itself with living wills, death with dignity, euthanasia, rules on death certificates, maintaining life support beyond brain death in cases of pregnant women or of organ donors, and protection for the dead body.
Added by Laws 1986, c. 262, § 3.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3129. Short title – Lily's Law - Written policy for disposition of remains of a child.

A. This section shall be known and may be cited as "Lily's Law".
B. As used in this section:
1. "Fetal death" means:
a.
spontaneous death prior to the complete expulsion or extraction from its mother of an unborn child, irrespective of gestational age. The death is indicated by the fact that, after such expulsion or extraction, the unborn child does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles,
b.
death that occurs as the result of accidental trauma or a criminal assault on the pregnant female or her unborn child, irrespective of gestational age, or
c.
death that occurs, irrespective of gestational age, from the use or prescription of any instrument, medicine, drug or any other substance or device to remove an ectopic pregnancy; and
2. "Stillbirth" shall have the same meaning as provided by subparagraph a of paragraph 1 of this subsection.
C. Every licensed hospital, birthing center or medical facility in this state shall maintain a written policy for the disposition of the remains of a child from a stillbirth or fetal death event at such hospital, birthing center or medical facility. A parent of the child shall have the right to direct the disposition of the remains, except that disposition may be made by the hospital, birthing center or medical facility if no direction is given by a parent within fourteen (14) days following the delivery of the remains. The policy and the disposition shall comply with all applicable provisions of state and federal law. Upon the delivery of a child from a stillbirth or a fetal death event, the hospital, birthing center or medical facility shall notify at least one (1) parent of the parents' right to direct the disposition of the remains of the child and shall provide at least (1) one parent with a copy of its policy with respect to disposition.
D. Except as otherwise provided by law, nothing in this section shall be interpreted to prohibit any hospital, birthing center or medical facility from providing additional notification and assistance to the parent of a child delivered as a stillbirth or a fetal death event at the hospital, birthing center or medical facility relating to the disposition of the remains of the child.
Added by Laws 2019, c. 120, § 1, eff. Nov. 1, 2019. Amended by Laws 2021, c. 138, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3131.2. Legislative intent.

It is the intention of the Legislature to recognize that the existence of do-not-resuscitate identification or consent correctly expresses the will of any person who bears it and that foreign courts recognize this expression and give full faith and credit to do-not-resuscitate identification or consent.
Added by Laws 1997, c. 327, § 2, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3131.3. Definitions.

As used in the Oklahoma Do-Not-Resuscitate Act:
1. "Attending physician" means a licensed physician who has primary responsibility for treatment or care of the person. If more than one physician shares that responsibility, any of those physicians may act as the attending physician under the provisions of the Oklahoma Do-Not-Resuscitate Act;
2. "Cardiopulmonary resuscitation" means those measures used to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest;
3. "Do-not-resuscitate identification" means a standardized identification necklace, bracelet, or card as set forth in the Oklahoma Do-Not-Resuscitate Act that signifies that a do-not-resuscitate consent or order has been executed for the possessor;
4. "Do-not-resuscitate order" means an order issued by a licensed physician that cardiopulmonary resuscitation should not be administered to a particular person;
5. "Emergency medical services personnel" means firefighters, law enforcement officers, emergency medical technicians, paramedics, or other emergency services personnel, providers, or entities, acting within the usual course of their professions;
6. "Health care decision" means a decision to give, withhold, or withdraw informed consent to any type of health care including, but not limited to, medical and surgical treatments including life-prolonging interventions, nursing care, hospitalization, treatment in a nursing home or other extended care facility, home health care, and the gift or donation of a body organ or tissue;
7. "Health care agency" means an agency established to administer or provide health care services and which is commonly known by a wide variety of titles including, but not limited to, hospitals, medical centers, ambulatory health care facilities, physicians' offices and clinics, extended care facilities operated in connection with hospitals, nursing homes, extended care facilities operated in connection with rehabilitation centers, home care agencies and hospices;
8. "Health care provider" means any physician, dentist, nurse, paramedic, psychologist, or other person providing medical, dental, nursing, psychological, hospice, or other health care services of any kind;
9. "Incapacity" means the inability, because of physical or mental impairment, to appreciate the nature and implications of a health care decision, to make an informed choice regarding the alternatives presented, and to communicate that choice in an unambiguous manner; and
10. "Representative" means an attorney-in-fact for health care decisions acting pursuant to the Oklahoma Health Care Agent Act, a health care proxy acting pursuant to the Oklahoma Advance Directive Act, or a guardian of the person appointed under the Oklahoma Guardianship and Conservatorship Act.
Added by Laws 1997, c. 327, § 3, eff. Nov. 1, 1997. Amended by Laws 2022, c. 136, § 18, emerg. eff. April 29, 2022.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3131.6. Compliance required.

Health care providers shall, when presented with the original or copy of any do-not-resuscitate consent form created as provided under Section 5 of this act, take appropriate actions to comply with the do-not-resuscitate request.
Added by Laws 1997, c. 327, § 6, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3131.7. Revocation of consent.

A. At any time, a person under the care of a health care agency may revoke such person's do-not-resuscitate consent by making an oral, written, or other act of communication to a physician or other health care provider of a health care agency.
B. At any time, a person not under the care of a health care agency may revoke such person's do-not-resuscitate consent by destroying the form and removing all do-not-resuscitate identification from the person. The person is responsible for notifying such person's attending physician of the revocation.
C. At any time, the parent or guardian of a minor child, or the minor child, if capable of doing so and possessing sufficient understanding and appreciation of the nature and consequences of the treatment decision despite the minor child's chronological age, may revoke the do-not-resuscitate consent for the minor child by making an oral, written, or other act of communication to a physician or other health care provider. The parent or guardian of the minor child is responsible for notifying the minor child's attending physician of the revocation.
D. At any time, a representative may revoke the do-not-resuscitate consent for an incapacitated person under the care of a health care agency by notifying a physician or other health care provider of the health care agency of the revocation of consent in writing or by orally notifying the attending physician.
E. At any time, a representative may revoke the do-not-resuscitate consent for an incapacitated person not under the care of a health care agency by destroying the form and removing all do-not-resuscitate identification from the person. The representative is responsible for notifying the person's attending physician of the revocation.
F. The attending physician who is informed of or provided with a revocation of consent to a do-not-resuscitate order pursuant to this section shall immediately cancel the order if the person is under the care of a health care agency and shall notify the health care providers of the health care agency responsible for the person's care of the revocation and cancellation. Any professional staff of the health care agency who is informed of or provided with a revocation of consent for a do-not-resuscitate order pursuant to this section shall immediately notify the attending physician of the revocation.
Added by Laws 1997, c. 327, § 7, eff. Nov. 1, 1997. Amended by Laws 1998, c. 164, § 3, emerg. eff. April 28, 1998.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3131.8. Protection from criminal prosecution, civil liability and professional discipline.

A. No health care provider, health care agency, or individual employed by, acting as the agent of, or under contract with any such health care provider, health care agency, or individual shall be subject to criminal prosecution, civil liability, or discipline for unprofessional conduct for carrying out in good faith a do-not-resuscitate consent or order authorized by the Oklahoma Do-Not-Resuscitate Act on behalf of a person as instructed by the person or representative or for those actions taken in compliance with the standards and procedures set forth in the Oklahoma Do-Not-Resuscitate Act.
B. No health care provider, health care agency, individual employed by, acting as agent of, or under contract with any such health care provider, health care agency or individual or other individual who witnesses a cardiac or respiratory arrest shall be subject to criminal prosecution, civil liability or discipline for unprofessional conduct for providing cardiopulmonary resuscitation to a person for whom a do-not-resuscitate consent or order has been issued; provided, that such individual:
1. Reasonably and in good faith was unaware of the issuance of a do-not-resuscitate consent or order; or
2. Reasonably and in good faith believed that consent to a do- not-resuscitate order had been revoked or canceled.
C. Any physician who refuses to issue a do-not-resuscitate order at a person's request or any health care provider or health care agency who refuses to comply with a do-not-resuscitate consent or order entered pursuant to the Oklahoma Do-Not-Resuscitate Act shall take reasonable steps to advise the person or representative of the person promptly that the physician is unwilling to effectuate the consent or order and shall as promptly as practicable take all reasonable steps to arrange care of the person by another physician or health care provider.
Added by Laws 1997, c. 327, § 8, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3131.9. Certain conditions for insurance prohibited.

A. No policy of life insurance shall be impaired, modified, or invalidated in any manner by the issuance of a do-not-resuscitate consent or order, notwithstanding any term of the policy to the contrary.
B. A person may not prohibit or require the issuance of a do-not-resuscitate consent or order for an individual as a condition of insurance or for receiving health care services.
Added by Laws 1997, c. 327, § 9, eff. Nov. 1, 1997.