reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2808. Joint power or written cooperative agreements for implementation of plan - Powers of public safety agency employees - Immunity.

In implementing systems pursuant to this act, all public agencies in a single system may annually enter into a joint powers agreement or any other form of written cooperative agreement which is applicable when need arises on a day-to-day basis. Every employee of every public safety agency which is a participant in a system may respond and take any action to any call whether within or without the authorized territorial jurisdiction of the public safety agency. In response to emergency calls, employees of public safety agencies shall have the same immunity for any acts performed in the line of duty outside their authorized jurisdiction as they enjoy within it. No cause of action shall be created by any incorrect dispatch or response by any system or any public safety agency.
Laws 1979, c. 176, § 8, emerg. eff. May 16, 1979.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2810. Duties or liabilities of public telephone utility not affected.

Nothing contained in this act shall be deemed to establish or impose upon any public telephone utility providing services needed to implement the provisions hereof any duties or liabilities beyond those specified in applicable tariffs filed with the Oklahoma Corporation Commission.
Laws 1979, c. 176, § 10, emerg. eff. May 16, 1979.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2846. Mandatory provision of emergency telephone service – Confidentiality - Liability.

A. All local exchange companies, and wireless and other telephone service companies providing service to users in an area in which 9-1-1 emergency telephone service is currently operating shall also provide emergency telephone service to all subscribing service users in that area. Wireless and other telephone service companies shall provide information necessary for automatic number identification, automatic location identification and selective routing of 9-1-1 emergency wireless calls to cities and counties answering emergency telephone calls for maintenance of existing 9-1-1 databases. If the state or an area of the state is utilizing a Next Generation 9-1-1 system that uses the National Emergency Number Association (NENA) i3 standard for call delivery, then the service company shall provide the data elements required by the standard. The governing body may reasonably require sufficient information to ensure compliance with this section and to provide data for audit and budgetary calculation purposes.
B. Information that a wireless service provider is required to furnish in providing 9-1-1 service is confidential and exempt from disclosure. The wireless service provider is not liable to any person who uses a 9-1-1 service created under this title for the release of information furnished by the wireless service provider in providing 9-1-1 service. Information that is confidential under this section may be released only for budgetary calculation purposes and only in aggregate form so that no provider-specific information may be extrapolated.
Added by Laws 2000, c. 115, § 9, eff. Nov. 1, 2000. Amended by Laws 2023, c. 258, § 4, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2855.1. Direct access to 9-1-1 service required

DIRECT ACCESS TO 9-1-1 SERVICE REQUIRED
A. A business owner or operator that owns or controls a telephone system or equivalent system which utilizes Voice over Internet Protocol (VoIP) enabled service and provides outbound dialing capacity or access shall be required to configure the telephone or equivalent system to allow a person initiating a 9-1-1 call on the system to directly access 9-1-1 without an additional code, digit, prefix, postfix, or trunk-access code.
B. A business owner or operator that provides residential or business facilities utilizing a telephone system or equivalent system as described in subsection A, shall configure the telephone or equivalent system to provide a notification to a central location on the site of the residential or business facility when a person within the residential or business facility dials 9-1-1, provided the business owner or operator's system is able to be configured to provide such notification without an improvement to the system's hardware. The requirement of this subsection does not require a business owner or operator to have a person available at the central location to receive such notification.
C. Telephone service providers and Interconnected VoIP Service providers shall, within sixty (60) days following the enactment of this act, and at least once annually thereafter, provide written notification detailing the provisions of this act to any current commercial customers operating in this state who may be affected by this act. Such providers shall inform any new commercial customers of the requirements of this act at the time service is initiated.
D. The provisions of this act shall apply to the extent such provisions are not inconsistent with or preempted by federal law.
Added by Laws 2016, c. 146, § 2, eff. Jan. 1, 2017.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2867. Collection, payment, and distribution of prepaid wireless fees.

A. Prepaid 9-1-1 wireless transaction fees authorized and collected pursuant to paragraph 3 of subsection A of Section 2865 of this title from retailers shall be paid to the Oklahoma Tax Commission under procedures established by the Tax Commission that substantially coincide with the registration and payment procedures that apply under the Oklahoma Sales Tax Code and as directed by the Oklahoma 9-1-1 Management Authority. The audit and appeal procedures, including limitations period, applicable to the Oklahoma Sales Tax Code shall apply to prepaid 9-1-1 wireless telephone fees.
B. From the total fees collected pursuant to paragraph 3 of subsection A of Section 2865 of this title, eight-tenths of one percent (0.8%) shall be retained by the Tax Commission as reimbursement for the direct cost of administering the collection and remittance of such fees.
C. The prepaid 9-1-1 wireless transaction fee shall be collected by the retailer from the consumer for each retail transaction occurring in this state. The amount of the prepaid 9-1-1 wireless fee shall either be separately stated on the invoice, receipt or similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer.
D. The prepaid 9-1-1 wireless telephone fee is the liability of the consumer and not of the seller or of any provider, except that the seller shall be liable to remit all prepaid 9-1-1 wireless telephone fees that the seller collects as provided in this section, including all charges that the seller is deemed to collect where the amount of the fee has not been separately stated on an invoice, receipt or other similar document.
E. If the amount of the prepaid 9-1-1 wireless telephone fee is separately stated on the invoice, receipt or similar document, the prepaid 9-1-1 wireless telephone fee shall not be included in the base for measuring any tax, fee, surcharge or other charge that is imposed by the state, any political subdivision of this state or any intergovernmental agency.
F. The Oklahoma Tax Commission shall provide the 9-1-1 Management Authority with a monthly report showing the 9-1-1 wireless fee deposits including the name of the provider and the amount of each deposit. Upon request the 9-1-1 Authority may request telephone or mailing address information of the provider.
Added by Laws 2016, c. 324, § 7, eff. Nov. 1, 2016. Amended by Laws 2021, c. 295, § 3, eff. Nov. 1, 2021; Laws 2023, c. 258, § 10, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2869. Oklahoma 9-1-1 Management Authority Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Emergency Management to be designated the "Oklahoma 9-1-1 Management Authority Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Tax Commission from fees designated for support of 9-1-1 emergency services. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Emergency Management upon approval by the Oklahoma 9-1-1 Management Authority for the purpose of supporting the administration of the Authority and providing grants to public agencies providing 9-1-1 services. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2016, c. 324, § 9, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2869.3. Outgoing calls - Confidentiality - Liability.

A. Nine-one-one emergency telephone service information may be used by a public law enforcement or public health agency for the purpose of placing outgoing emergency calls that notify the public of an emergency or provide to the public information relative to an emergency.
B. Nine-one-one emergency telephone service information shall be confidential. Any public law enforcement or public health agency that uses nine-one-one emergency telephone service information for the purposes set forth in subsection A of this section shall establish methods and procedures that ensure the confidentiality of the information.
C. For purposes of this section “nine-one-one emergency telephone service information” shall mean the name, address and telephone number of a service user of a local exchange telephone company.
D. No person providing service pursuant to this section shall be liable for using nine-one-one emergency telephone service information, or providing such information to any public law enforcement or public health agency, in accordance with subsection B of this section.
Added by Laws 2003, c. 309, § 1, eff. Jan. 1, 2004. Amended by Laws 2008, c. 138, § 1, emerg. eff. May 9, 2008. Renumbered from § 2815.1 of this title by Laws 2023, c. 49, § 7, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2869.4. Bonds.

The governing body may issue and sell bonds to finance:
1. The acquisition by any method of facilities, equipment or supplies necessary to begin providing nine-one-one emergency telephone service or nine-one-one wireless emergency telephone service or any component or system associated therewith; or
2. Any payment necessary for the governing body to associate with an existing nine-one-one emergency telephone service system or nine-one-one wireless emergency telephone service system.
Added by Laws 1986, c. 230, § 6, emerg. eff. June 10, 1986. Amended by Laws 2000, c. 115, § 5, eff. Nov. 1, 2000. Renumbered from § 2816 of this title by Laws 2023, c. 49, § 8, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2869.5. Liability.

A. No public agency or employee of a public agency shall be liable for the method of providing or failure to provide nine-one-one emergency telephone or communication service or nine-one-one wireless emergency telephone service or for the method of providing or failure to provide emergency response service.
B. No public agency or employee of a public agency shall have any special duty to any service user or other user of the nine-one-one emergency telephone system or nine-one-one wireless emergency telephone system or any other telecommunication or communication system supplying or obligated to supply nine-one-one service.
C. A service provider of telecommunications or other communication services involved in providing nine-one-one emergency telephone service or nine-one-one wireless emergency telephone service shall not be liable for any claim, damage, or loss arising from the provision of nine-one-one emergency telephone service or nine-one-one wireless emergency telephone service unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct.
D. As used in this section:
1. "Employee" shall have the same meaning as defined in Section 152 of Title 51 of the Oklahoma Statutes; and
2. "Communication" means the transmission, conveyance, or routing of real-time, two-way voice communications to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave, wireline, wireless, or other medium or method, regardless of the protocol used.
Added by Laws 1986, c. 230, § 7, emerg. eff. June 10, 1986. Amended by Laws 2000, c. 115, § 6, eff. Nov. 1, 2000; Laws 2008, c. 138, § 2, emerg. eff. May 9, 2008. Renumbered from § 2817 of this title by Laws 2023, c. 49, § 9, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2869.6. Contract for administration of emergency telephone service.

For the administration of nine-one-one emergency telephone service or nine-one-one wireless emergency telephone service, any governing body may contract directly with the provider of the nine-one-one emergency telephone service or nine-one-one wireless emergency telephone service, or may contract and cooperate with:
1. Any public agency;
2. Other states or their political subdivisions;
3. Any association or corporation for their political subdivisions; or
4. Any association or corporation.
Added by Laws 1986, c. 230, § 8, emerg. eff. June 10, 1986. Amended by Laws 1988, c. 130, § 5, emerg. eff. April 13, 1988; Laws 2000, c. 115, § 7, eff. Nov. 1, 2000. Renumbered from § 2818 of this title by Laws 2023, c. 49, § 10, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2869.7. Use of nine-one-one number for nonemergency purposes.

Any person who owns a telephone or who is charged line or rent charges from the telephone utility, who uses the nine-one-one number for nonemergency calls or who allows minor children to use the nine-one-one number for nonemergency purposes shall be notified by certified mail, restricted delivery, after the third such infraction.
Added by Laws 1988, c. 130, § 7, emerg. eff. April 13, 1988. Amended by Laws 1990, c. 92, § 2, eff. Sept. 1, 1990. Renumbered from § 2820 of this title by Laws 2023, c. 49, § 11, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2870. False alarm, complaint or information - Penalty.

No person shall call the number 9-1-1 for the purpose of making a knowingly false alarm or complaint or reporting knowingly false information which could result in the dispatch of emergency services from any public agency as defined in Section 2 of this act. Nor shall any person call 9-1-1 for nonemergency or personal use. Any person violating the provisions of this section, upon conviction, shall be guilty of a misdemeanor punishable by a fine of not to exceed Five Hundred Dollars ($500.00) and by an assessment for the resulting costs of any dispatching of emergency personnel and equipment for each such offense.
Added by Laws 1986, c. 230, § 9, emerg. eff. June 10, 1986. Amended by Laws 1988, c. 130, § 6, emerg. eff. April 13, 1988; Laws 1990, c. 92, § 1, eff. Sept. 1, 1990; Laws 2000, c. 115, § 8, eff. Nov. 1, 2000; Laws 2016, c. 324, § 10, eff. Nov. 1, 2016. Renumbered from § 2819 of this title by Laws 2016, c. 324, § 13, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2872. Online training platform — Mandatory training.

A. The Oklahoma 9-1-1 Management Authority shall maintain an online training platform for 9-1-1 emergency telecommunicators in this state.
B. The Oklahoma 9-1-1 Management Authority shall create, maintain, and certify a list of qualified online and in-person training programs that include the basic requirements for a 9-1-1 emergency telecommunicator as well as coordinate and collaborate with local and regional 9-1-1 training authorities. Classes shall be a minimum of forty (40) hours in length and include instruction for basic call handling and dispatch services. The Oklahoma 9-1-1 Management Authority shall establish hourly training requirements on a yearly basis.
C. On or before July 1, 2024, emergency telecommunicators in this state that provide dispatch service for emergency medical services shall complete, either in-person or virtually, a forty-hour state-recognized training course for basic call handling and dispatch services.
D. Any new emergency telecommunicator hired after January 1, 2024, shall complete, either in-person or virtually, a forty-hour state-recognized training course for basic call handling and dispatch services within six (6) months of his or her hire date.
E. On or before July 1, 2024, emergency telecommunicators in this state that provide dispatch service for emergency medical services shall complete, either in-person or virtually, a state- or nationally recognized telecommunicator CPR training course. Telecommunicator CPR training shall follow evidence-based, nationally recognized guidelines for High-Quality Telecommunicator CPR which incorporates recognition protocols for out-of-hospital cardiac events.
Added by Laws 2023, c. 258, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2901. Energy Conservation Assistance Fund.

A. There is hereby created in the State Treasury a special fund, which shall be designated the "Energy Conservation Assistance Fund". Said fund shall, on and after July 1, 1982, consist of funds contributed to it.
B. The purpose of said fund shall be to provide energy conservation grants to qualifying low-income homeowners for insulation, weatherization and other methods of improving the energy efficiency of their principal residence for the purpose of reducing energy waste, improving the state's housing stock and stimulating the construction industry.
Added by Laws 1982, c. 324, § 1. Amended by Laws 1989, c. 112, § 1, operative July 1, 1989.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2903. Lien against property - Foreclosure - Repayment of loan.

A. The State of Oklahoma through the Department shall have a lien against the property on which the work is being performed for the amount of the loan plus interest thereon. The Department shall record a notice of lien with the county clerk where the property is located. A delinquent installment of the loan may be foreclosed by the Department and the property concerned shall be sold in the manner provided for foreclosures of mortgages on land. Any real estate sold under any order, judgment or decree of court to satisfy the lien may be redeemed by the owner or his assignee at any time within one (1) year of the date of the sale by paying to the purchaser thereof or his assignee the amount paid with interest from the date of purchase at the rate of twelve percent (12%) per year.
B. Repayment of each loan shall be determined according to a repayment schedule determined by the Department.
C. Repayment of the loan may be deferred until that time when the loan recipient sells the property or ownership is transferred. In such cases where a loan has not been repaid after ten (10) years, another ten-year extension shall be granted if the loan recipient or the surviving spouse is still the owner-occupier of the residence. Such extensions shall be granted until such time when the property is transferred from the loan recipient or the surviving spouse to another party.
D. Loan repayments shall be made to the Oklahoma Department of Commerce and shall be deposited in the Energy Conservation Loan Fund.
Added by Laws 1982, c. 324, § 3. Amended by Laws 1986, c. 207, § 61, operative July 1, 1986.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-2904. Consumer education programs.

Contractors shall provide consumer education programs to further maximize energy cost savings. Homeowners shall be encouraged to actively participate in consumer education programs to minimize energy-related expenses. Homeowners shall be responsible for proper upkeep and maintenance of the weatherization work completed on their homes.
Added by Laws 1989, c. 112, § 3, operative July 1, 1989.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3001. Sale of pull-top or flip-top can prohibited - Definitions.

A. No person shall sell or offer for sale in this state any pull-top or flip-top container.
B. For purposes of this section:
1. "Pull-top" or "flip-top container" means a beverage container so designed and constructed that a part of the container is detachable in opening the container. The term pull-top or flip-top container shall not mean a container on which the only detachable part of which is a pressure-sensitive tape;
2. "Beverage container" means the individual, separate, sealed metal can containing a beverage; and
3. "Beverage" means beer or other malt beverages, mineral waters, fruit juices, ades and similar noncarbonated drinks, soda water and similarly flavored carbonated soft drinks in liquid form and intended for human consumption.
Added by Laws 1981, c. 144, § 1, eff. Jan. 1, 1983. Amended by Laws 1993, c. 145, § 348, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3080.2. Definitions.

As used in the Hydration and Nutrition for Incompetent Patients Act:
1. "Attending physician" means the physician who has primary responsibility for the overall medical treatment and care of a patient;
2. "Final stage" means the last stage of a terminal illness or injury in which, even with the use of medical treatment, the person with the terminal illness or injury is in the dying process and will die within a reasonably short period of time;
3. "Health care provider" means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession;
4. "Incompetent patient" means any person who:
a.
is a minor, or
b.
has been declared legally incompetent to make decisions affecting medical treatment or care, or
c.
in the reasonable judgment of the attending physician, is unable to make decisions affecting medical treatment or other health care services;
5. "Nutrition" means sustenance administered by way of the gastrointestinal tract;
6. "Physician" means a physician or surgeon licensed by the State Board of Medical Examiners or State Board of Osteopathy; and
7. "Terminal illness or injury" means an incurable and irreversible medical condition that, even with the use of medical treatment, will result in the death of a person from that condition or a complication arising from that condition.
Added by Laws 1987, c. 40, § 2, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3080.3. Presumption of hydration and nutrition sufficient to sustain life.

It shall be presumed that every incompetent patient has directed his health care providers to provide him with hydration and nutrition to a degree that is sufficient to sustain life.
Added by Laws 1987, c. 40, § 3, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3080.4. Presumption of nutrition and hydration, when inapplicable.

A. The presumption pursuant to Section 3080.3 of this title shall not apply if:
1. The attending physician of the incompetent patient knows that the patient, when competent, decided on the basis of information sufficient to constitute informed consent that artificially administered hydration or artificially administered nutrition should be withheld or withdrawn from him;
2. A court finds by clear and convincing evidence that the patient, when competent, decided on the basis of information sufficient to constitute informed consent that artificially administered hydration or artificially administered nutrition should be withheld or withdrawn from him;
3. An advance directive has been executed pursuant to the Oklahoma Natural Death Act specifically authorizing the withholding or withdrawal of nutrition and/or hydration;
4. An advance directive has been executed pursuant to the Oklahoma Rights of the Terminally Ill or Persistently Unconscious Act specifically authorizing the withholding or withdrawal of nutrition and/or hydration;
5. An advance directive for health care has been executed pursuant to the Oklahoma Advance Directive Act specifically authorizing the withholding or withdrawal of nutrition and/or hydration;
6. In the reasonable medical judgment of the incompetent patient's attending physician and a second consulting physician, artificially administered hydration or artificially administered nutrition will itself cause severe, intractable, and long-lasting pain to the incompetent patient or such nutrition or hydration is not medically possible; or
7. In the reasonable medical judgment of the incompetent patient's attending physician and a second consulting physician:
a.
the incompetent patient is chronically and irreversibly incompetent,
b.
the incompetent patient is in the final stage of a terminal illness or injury, and
c.
the death of the incompetent patient is imminent.
B. No advance directive shall be deemed to satisfy the provisions of subsection A of this section unless the advance directive complies with the requirements of Section 3101.4 or Section 3101.14 of this title.
C. Hydration or nutrition may not be withheld or withdrawn pursuant to paragraph 7 of subsection A of this section if this would result in death from dehydration or starvation rather than from the underlying terminal illness or injury.
Added by Laws 1987, c. 40, § 4, eff. Nov. 1, 1987. Amended by Laws 1990, c. 268, § 9, eff. July 1, 1990; Laws 1992, c. 114, § 17, eff. Sept. 1, 1992; Laws 2006, c. 171, § 2, emerg. eff. May 17, 2006.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3080.5. Withdrawing treatment or care.

A. Notwithstanding any other provision of law, no person and no health care facility shall be required to participate in or provide facilities for medical treatment or care of an incompetent patient who is to die as the result of dehydration or starvation.
B. The law of this state shall not be construed to permit withdrawal or withholding of medical treatment, care, nutrition or hydration from an incompetent patient because of the mental disability or mental status of that patient.
C. No guardian, public or private agency, court, or any other person shall have the authority to make a decision on behalf of an incompetent patient to withhold or withdraw hydration or nutrition from said patient except in the circumstances and under the conditions specifically provided for in Section 3080.4 of this title.
Added by Laws 1987, c. 40, § 5, eff. Nov. 1, 1987. Amended by Laws 1992, c. 114, § 18, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3090.2. Definitions.

As used in the Nondiscrimination in Treatment Act:
1. "Health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to practice a health care or healing arts profession or who administers health care in the ordinary course of business;
2. "Health care service" means any phase of patient medical care, treatment or procedure, including, but not limited to, therapy, testing, diagnosis or prognosis, prescribing, dispensing or administering any device, drug or medication, surgery or any other care or treatment rendered by health care providers;
3. "Life-preserving health care service" means a health care service, the denial of which, in reasonable medical judgment, will result in or hasten the death of the patient; and
4. "Person legally authorized to make health care decisions" means, in the case of an adult patient, or of a minor patient who may consent to have services provided by health professionals under Section 2602 of this title, the person or persons designated to make health care decisions for the patient pursuant to Section 2 of this act, and in the case of any other minor, it means the minor's custodial parent or guardian.
Added by Laws 2013, c. 160, § 2, eff. Nov. 1, 2013. Amended by Laws 2017, c. 144, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3090.3. Nondiscrimination in treatment.

A. A health care provider shall not deny to a patient a life-preserving health care service the provider provides to other patients, and the provision of which is directed by the patient or a person legally authorized to make health care decisions for the patient:
1. On the basis of a view that treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, nondisabled, or not terminally ill; or
2. On the basis of disagreement with how the patient or person legally authorized to make health care decisions for the patient values the trade-off between extending the length of the patient's life and the risk of disability.
B. In an action pursuant to this act, if the plaintiff pleads a prima facie case, the health care provider may defend his or her or its actions by pleading a legitimate, nondiscriminatory reason or reasons that provided a basis for the denial of treatment, subject to an opportunity for the plaintiff to plead that the reason or reasons for the denial of treatment are discriminatory in their application.
Added by Laws 2013, c. 160, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3090.4. Injunctive relief.

A cause of action for injunctive relief may be maintained against any health care provider who is reasonably believed to be about to violate, who is in the course of violating, or who has violated the Nondiscrimination in Treatment Act by an affected patient or a person legally authorized to make health care decisions for the patient. However, a violation of the act does not constitute negligence per se for purposes of a civil action for damages.
Added by Laws 2013, c. 160, § 4, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3091.3. Manufacturers' rights – Insurance coverage – Liability of patients' heirs.

A. A manufacturer of an investigational drug, biological product or device may make available the manufacturer's investigational drug, biological product or device to eligible patients pursuant to the Right to Try Act. An investigational drug, biological product or device may be made available through a pharmacy. This act does not require that a manufacturer make available an investigational drug, biological product or device to an eligible patient.
B. A manufacturer may:
1. Provide an investigational drug, biological product or device to an eligible patient without receiving compensation; or
2. Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product or device.
C. A health insurance carrier may, but is not required to, provide coverage for the cost of an investigational drug, biological product or device.
D. An insurer may deny coverage to an eligible patient from the time the eligible patient begins use of the investigational drug, biological product or device through a period not to exceed six (6) months from the time the investigational drug, biological product or device is no longer used by the eligible patient; provided, that coverage may not be denied for a preexisting condition and for coverage for benefits which commenced prior to the time the eligible patient begins use of such drug, biological product or device.
E. If a patient dies while being treated by an investigational drug, biological product or device, the patient's heirs are not liable for any outstanding debt related to the treatment or lack of insurance due to the treatment.
Added by Laws 2015, c. 112, § 3, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3091.4. Actions against health care provider's license or Medicare certification prohibited.

Notwithstanding any other law, a licensing board may not revoke, fail to renew, suspend or take any action against a health care provider's license, based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product or device, as long as the recommendations are consistent with medical standards of care. Action against a health care provider's Medicare certification based solely on the health care provider's recommendation that a patient have access to an investigational drug, biological product or device is prohibited.
Added by Laws 2015, c. 112, § 4, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3091.5. Patient access – Counseling, advice or recommendations.

An official, employee or agent of this state shall not block or attempt to block an eligible patient's access to an investigational drug, biological product or device. Counseling, advice or a recommendation consistent with medical standards of care from a licensed health care provider is not a violation of this section.
Added by Laws 2015, c. 112, § 5, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3091.6. Immunity against private causes of action.

The Right to Try Act does not create a private cause of action against a manufacturer of an investigational drug, biological product or device or against another person or entity involved in the care of an eligible patient using the investigational drug, biological product or device, for any harm done to the eligible patient resulting from the investigational drug, biological product or device, so long as the manufacturer or other person or entity is complying in good faith with the terms of the Right to Try Act, unless there was a failure to exercise reasonable care.
Added by Laws 2015, c. 112, § 6, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.1. Short title.

Sections 3101.1 through 3101.16 of this title shall be known and may be cited as the "Oklahoma Advance Directive Act".
Added by Laws 1992, c. 114, § 1, eff. Sept. 1, 1992. Amended by Laws 2006, c. 171, § 3, emerg. eff. May 17, 2006.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.2. Purpose - Protection for proxies and health care providers - Certain acts not condoned, authorized or approved.

A. The purpose of the Oklahoma Advance Directive Act is to:
1. Recognize the right of individuals to control some aspects of their own medical care and treatment, including but not limited to the right to decline medical treatment or to direct that it be withdrawn, even if death ensues;
2. Recognize that the right of individuals to control some aspects of their own medical treatment is protected by the Constitution of the United States and overrides any obligation the physician and other health care providers may have to render care or to preserve life and health;
3. Recognize that decisions concerning one's medical treatment involve highly sensitive, personal issues that do not belong in court, even if the individual is incapacitated, so long as a proxy decision-maker can make the necessary decisions based on the known intentions, personal views, or best interests of the individual. If evidence of the individual's wishes is sufficient, those wishes should control; if there is not sufficient evidence of the individual's wishes, the proxy's decisions should be based on the proxy's reasonable judgment about the individual's values and what the individual's wishes would be based upon those values. The proper role of the court is to settle disputes and to act as the proxy decision-maker of last resort when no other proxy is authorized by the individual or is otherwise authorized by law;
4. Restate and clarify the law to ensure that the individual's advance directive for health care will continue to be honored during incapacity without court involvement; and
5. Encourage and support health care instructions by the individual in advance of incapacity and the delegation of decision-making powers to a health care proxy.
B. To be sure that the individual's health care instructions and proxy decision-making will be effective, the Oklahoma Advance Directive Act also includes necessary and appropriate protection for proxies and health care providers who rely in good faith on the instructions of the individual and the decisions of an authorized proxy.
C. The Oklahoma Advance Directive Act does not condone, authorize, or approve mercy killing, assisted suicide, or euthanasia.
Added by Laws 1992, c. 114, § 2, eff. Sept. 1, 1992. Amended by Laws 2006, c. 171, § 4, emerg. eff. May 17, 2006.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.3. Definitions.

As used in the Oklahoma Advance Directive Act:
1. "Advance directive for health care" means any writing executed in accordance with the requirements of Section 3101.4 of this title and may include a living will, the appointment of a health care proxy, or both such living will and appointment of a proxy;
2. "Attending physician" means the physician who has primary responsibility for the treatment and care of the patient;
3. "Declarant" means any individual who has issued an advance directive according to the procedure provided for in Section 3101.4 of this title;
4. “End-stage condition” means a condition caused by injury, disease, or illness, which results in severe and permanent deterioration indicated by incompetency and complete physical dependency for which, to a reasonable degree of medical certainty, treatment of the irreversible condition would be medically ineffective;
5. "Health care provider" means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession;
6. "Health care proxy" is an individual eighteen (18) years old or older appointed by the declarant as attorney-in-fact to make health care decisions including, but not limited to, the provision, withholding, or withdrawal of life-sustaining treatment if a qualified patient, in the opinion of the attending physician and another physician, is persistently unconscious, incompetent, or otherwise mentally or physically incapable of communication;
7. "Persistently unconscious" means an irreversible condition, as determined by the attending physician and another physician, in which thought and awareness of self and environment are absent;
8. "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity;
9. "Physician" means an individual licensed to practice medicine in this state;
10. "Qualified patient" means a patient eighteen (18) years of age or older who has executed an advance directive and who has been determined to be incapable of making an informed decision regarding health care, including the provision, withholding, or withdrawal of life-sustaining treatment, by the attending physician and another physician who have examined the patient;
11. "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; and
12. "Terminal condition" means an incurable and irreversible condition that, even with the administration of life-sustaining treatment, will, in the opinion of the attending physician and another physician, result in death within six (6) months.
Added by Laws 1992, c. 114, § 3, eff. Sept. 1, 1992. Amended by Laws 2006, c. 171, § 5, emerg. eff. May 17, 2006.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.5. Advance directive - When and which become operative.

A. An advance directive becomes operative when:
1. It is communicated to the attending physician; and
2. The declarant is no longer able to make decisions regarding administration of life-sustaining treatment. When the advance directive becomes operative, the attending physician and other health care providers shall act in accordance with its provisions or comply with the provisions of Section 9 of this act.
B. In the event more than one valid advance directive has been executed and not revoked, the last advance directive so executed shall be construed to be the last wishes of the declarant and shall become operative pursuant to subsection A of this section.
Added by Laws 1992, c. 114, § 5, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.6. Advance directive - Revocation.

A. An advance directive may be revoked in whole or in part at any time and in any manner by the declarant, without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the attending physician or other health care provider by the declarant or a witness to the revocation.
B. The attending physician or other health care provider shall make the revocation a part of the declarant's medical record.
Added by Laws 1992, c. 114, § 6, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.8. Patient's right to make decisions regarding life-sustaining treatment - Patient's comfort and alleviation of pain - Pregnant patient.

A. A patient may make decisions regarding life-sustaining treatment as long as the patient is able to do so.
B. Even if life-sustaining treatment or artificial administration of nutrition and hydration are withheld or withdrawn, the patient shall be provided with medication or other medical treatment to alleviate pain and will be provided with oral consumption of food and water.
C. If a qualified patient has been diagnosed as pregnant and that diagnosis is known to the attending physician, the pregnant patient shall be provided with life-sustaining treatment and artificially administered hydration and nutrition, unless the patient has specifically authorized, in her own words, that during a course of pregnancy, life-sustaining treatment and/or artificially administered hydration and/or nutrition shall be withheld or withdrawn. If it is not known if the patient is pregnant, the said physician shall, where appropriate considering age and other relevant factors, determine whether or not the patient is pregnant.
Added by Laws 1992, c. 114, § 8, eff. Sept. 1, 1992. Amended by Laws 2006, c. 171, § 7, emerg. eff. May 17, 2006.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.9. Physician or health care provider unwilling to comply with act.

An attending physician or other health care provider who is unwilling to comply with the Oklahoma Advance Directive Act shall as promptly as practicable take all reasonable steps to arrange care of the declarant by another physician or health care provider when the declarant becomes a qualified patient. Once a patient has established a physician-patient relationship with a physician or a provider-patient relationship with another health care provider, if the physician or other health care provider refuses to comply with a medical treatment decision made by or on behalf of the patient pursuant to the Oklahoma Advance Directive Act, or with a medical treatment decision made by such a patient who has decision-making capacity, and if the refusal would in reasonable medical judgment be likely to result in the death of the patient, then the physician or other health care provider must comply with the medical treatment decision pending the completion of the transfer of the patient to a physician or health care provider willing to comply with the decision. Nothing in this section shall require the provision of treatment if the physician or other health care provider is physically or legally unable to provide or is physically or legally unable to provide without thereby denying the same treatment to another patient. Nothing in this section may be construed to alter any legal obligation or lack of legal obligation of a physician or other health care provider to provide medical treatment, nutrition, or hydration to a patient who refuses or is unable to pay for them.
Added by Laws 1992, c. 114, § 9, eff. Sept. 1, 1992. Amended by Laws 1995, c. 99, § 2, eff. Nov. 1, 1995; Laws 1998, c. 164, § 1, emerg. eff. April 28, 1998; Laws 2006, c. 171, § 8, emerg. eff. May 17, 2006.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.10. Civil and criminal liability and disciplinary actions.

A. In the absence of knowledge of the revocation of an advance directive, a person is not subject to civil or criminal liability or discipline for unprofessional conduct for carrying out the advance directive pursuant to the requirements of the Oklahoma Advance Directive Act.
B. A physician or other health care provider, whose actions under the Oklahoma Advance Directive Act are in accord with reasonable medical standards, is not subject to criminal or civil liability or discipline for unprofessional conduct with respect to those actions; provided, that this subsection may not be construed to authorize a violation of Section 3101.9 of this title. In making decisions and determinations pursuant to the Oklahoma Advance Directive Act the physician shall use his or her best judgment applying with ordinary care and diligence the knowledge and skill that is possessed and used by members of the physician’s profession in good standing engaged in the same field of practice at that time, measured by national standards.
C. An individual designated as a health care proxy, pursuant to Section 3101.4 of this title, to make health care decisions for a declarant and whose decisions regarding the declarant are made in good faith pursuant to the Oklahoma Advance Directive Act, is not subject to criminal or civil liability, or discipline for unprofessional conduct with respect to those decisions.
Added by Laws 1992, c. 114, § 10, eff. Sept. 1, 1992. Amended by Laws 1995, c. 99, § 3, eff. Nov. 1, 1995; Laws 2006, c. 171, § 9, emerg. eff. May 17, 2006.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-3101.11. Acts constituting unprofessional conduct - Acts constituting felonies - Sanctions.

A. A physician or other health care provider who willfully fails to arrange the care of a patient in accordance with Section 3101.9 of this title shall be guilty of unprofessional conduct.
B. A physician who willfully fails to record the determination of the patient's condition in accordance with Section 3101.7 of this title shall be guilty of unprofessional conduct.
C. Any person who willfully conceals, cancels, defaces, alters, or obliterates the advance directive of another without the declarant's consent, or who falsifies or forges a revocation of the advance directive of another shall be, upon conviction, guilty of a felony.
D. A person who in any way falsifies or forges the advance directive of another, or who willfully conceals or withholds personal knowledge of a revocation as provided in Section 3101.6 of this title shall be, upon conviction, guilty of a felony.
E. A person who requires or prohibits the execution of an advance directive as a condition for being insured for, or receiving, health care services shall be, upon conviction, guilty of a felony.
F. A person who coerces or fraudulently induces another to execute an advance directive or revocation shall be, upon conviction, guilty of a felony.
G. The sanctions provided in this section do not displace any sanction applicable under other law.
Added by Laws 1992, c. 114, § 11, eff. Sept. 1, 1992. Amended by Laws 2006, c. 171, § 10, emerg. eff. May 17, 2006.